U.S. GOVERNMENT PUBLISHING OFFICE

25–289 WASHINGTON :

" HOUSE OF REPRESENTATIVES 115TH CONGRESS

1st Session 

2017

CONSOLIDATED APPROPRIATIONS ACT, 

2017

C O M M I T T E E P R I N T 

of the 

COMMITTEE ON APPROPRIATIONS 

U.S. HOUSE OF REPRESENTATIVES 

on

H.R. 244 / Public Law 115–31 

[Legislative Text and Explanatory Statement] 
COMMITTEE ON APPROPRIATIONS 

RODNEY P. FRELINGHUYSEN, New Jersey, Chairman

HAROLD ROGERS, Kentucky 1

ROBERT B. ADERHOLT, Alabama 

KAY GRANGER, Texas 

MICHAEL K. SIMPSON, Idaho 

JOHN ABNEY CULBERSON, Texas 

JOHN R. CARTER, Texas 

KEN CALVERT, California 

TOM COLE, Oklahoma 

MARIO DIAZ-BALART, Florida 

CHARLES W. DENT, Pennsylvania 

TOM GRAVES, Georgia 

KEVIN YODER, Kansas 

STEVE WOMACK, Arkansas 

JEFF FORTENBERRY, Nebraska 

THOMAS J. ROONEY, Florida 

CHARLES J. FLEISCHMANN, Tennessee 

JAIME HERRERA BEUTLER, Washington 

DAVID P. JOYCE, Ohio 

DAVID G. VALADAO, California 

ANDY HARRIS, Maryland 

MARTHA ROBY, Alabama 

MARK E. AMODEI, Nevada 

CHRIS STEWART, Utah 

DAVID YOUNG, Iowa 

EVAN H. JENKINS, West Virginia 

STEVEN M. PALAZZO, Mississippi 

DAN NEWHOUSE, Washington 

JOHN R. MOOLENAAR, Michigan 

SCOTT TAYLOR, Virginia 

—————

1 Chairman Emeritus 

NITA M. LOWEY, New York 

MARCY KAPTUR, Ohio 

PETER J. VISCLOSKY, Indiana 

JOSE ́ E. SERRANO, New York 

ROSA L. DELAURO, Connecticut 

DAVID E. PRICE, North Carolina 

LUCILLE ROYBAL-ALLARD, California 

SANFORD D. BISHOP, JR., Georgia 

BARBARA LEE, California 

BETTY MCCOLLUM, Minnesota 

TIM RYAN, Ohio 

C. A. DUTCH RUPPERSBERGER, Maryland 

DEBBIE WASSERMAN SCHULTZ, Florida 

HENRY CUELLAR, Texas 

CHELLIE PINGREE, Maine 

MIKE QUIGLEY, Illinois 

DEREK KILMER, Washington 

MATT CARTWRIGHT, Pennsylvania 

GRACE MENG, New York 

MARK POCAN, Wisconsin 

KATHERINE M. CLARK, Massachusetts 

PETE AGUILAR, California 

NANCY FOX, Clerk and Staff Director 

(II)
C O N T E N T S 

Page

Provisions Applying to All Divisions of the Consolidated Act .............................. 1 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Agricultural Programs ............................................................................... 11 

Title II—Conservation Programs ........................................................................... 23 

Title III—Rural Development Programs ............................................................... 24 

Title IV—Domestic Food Programs ........................................................................ 32 

Title V—Foreign Assistance and Related Programs ............................................. 35 

Title VI—Related Agency and Food and Drug Administration ........................... 36 

Title VII—General Provisions ................................................................................. 39 

DIVISION A—Explanatory Statement .................................................................. 59 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2017 

Title I—Department of Commerce ......................................................................... 119 

Title II—Department of Justice .............................................................................. 129 

Title III—Science ..................................................................................................... 149 

Title IV—Related Agencies ..................................................................................... 154 

Title V—General Provisions ................................................................................... 157 

DIVISION B—Explanatory Statement .................................................................. 169 

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017 

Title I—Military Personnel ..................................................................................... 217 

Title II—Operation and Maintenance .................................................................... 219 

Title III—Procurement ............................................................................................ 224 

Title IV—Research, Development, Test and Evaluation ...................................... 230 

Title V—Revolving and Management Funds ......................................................... 231 

Title VI—Other Department of Defense Programs ............................................... 231 

Title VII—Related Agencies .................................................................................... 233 

Title VIII—General Provisions ............................................................................... 233 

Title IX—Overseas Contingency Operations / Global War on Terrorism ............ 265 

Title X—Department of Defense—Additional Appropriations ............................. 283 

DIVISION C—Explanatory Statement .................................................................. 291 

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Corps of Engineers—Civil ......................................................................... 623 

Title II—Department of the Interior ...................................................................... 628 

Title III—Department of Energy ............................................................................ 632 

Title IV—Independent Agencies ............................................................................. 644 

Title V—General Provisions ................................................................................... 647 

DIVISION D—Explanatory Statement .................................................................. 649 

(III)
IV

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2017 

Page

Title I—Department of the Treasury ..................................................................... 755 

Title II—Executive Office of the President and Funds Appropriated to the 

President ............................................................................................................... 766 

Title III—The Judiciary .......................................................................................... 772 

Title IV—District of Columbia ................................................................................ 777 

Title V—Independent Agencies .............................................................................. 781 

Title VI—General Provisions—This Act ................................................................ 800 

Title VII—General Provisions—Government-wide ............................................... 807 

Title VIII—General Provisions—District of Columbia ......................................... 821 

Title IX—SOAR Reauthorization ........................................................................... 825 

DIVISION E—Explanatory Statement .................................................................. 837 

DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

ACT, 2017 

Title I—Departmental Management, Operations, Intelligence, and Oversight . 885 

Title II—Security, Enforcement, and Investigations ............................................ 887 

Title III—Protection, Preparedness, Response, and Recovery ............................. 896 

Title IV—Research, Development, Training, and Services .................................. 902 

Title V—General Provisions ................................................................................... 905 

Title VI—Department of Homeland Security—Additional Appropriations ........ 915 

DIVISION F—Explanatory Statement .................................................................. 919 

DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Department of the Interior ....................................................................... 1021 

Title II—Environmental Protection Agency .......................................................... 1055 

Title III—Related Agencies ..................................................................................... 1063 

Title IV—General Provisions .................................................................................. 1080 

DIVISION G—Explanatory Statement .................................................................. 1091 

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 

AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Department of Labor ................................................................................. 1203 

Title II—Department of Health and Human Services .......................................... 1220 

Title III—Department of Education ....................................................................... 1246 

Title IV—Related Agencies ..................................................................................... 1256 

Title V—General Provisions ................................................................................... 1263 

DIVISION H—Explanatory Statement .................................................................. 1271 

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017 

Title I—Legislative Branch ..................................................................................... 1377 

Title II—General Provisions ................................................................................... 1397 

DIVISION I—Explanatory Statement ................................................................... 1401 

DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 

RELATED PROGRAMS APPROPRIATIONS ACT, 2017 

Title I—Department of State and Related Agency ............................................... 1429 

Title II—United States Agency for International Development .......................... 1439 

Title III—Bilateral Economic Assistance ............................................................... 1440 

Title IV—International Security Assistance ......................................................... 1448 

Title V—Multilateral Assistance ............................................................................ 1452 

Title VI—Export and Investment Assistance ........................................................ 1453 

Title VII—General Provisions ................................................................................. 1455 

Title VIII—Overseas Contingency Operations / Global War on Terrorism ......... 1562 

DIVISION J—Explanatory Statement ................................................................... 1569 
V

DIVISION K—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Page

Title I—Department of Transportation .................................................................. 1641 

Title II—Department of Housing and Urban Development ................................. 1673 

Title III—Related Agencies ..................................................................................... 1708 

Title IV—General Provisions—This Act ................................................................ 1710 

DIVISION K—Explanatory Statement .................................................................. 1717 

DIVISION L—MILITARY CONSTRUCTION AND VETERANS AFFAIRS— 

ADDITIONAL APPROPRIATIONS ACT, 2017 

Title I—Overseas Contingency Operations ............................................................ 1777 

Title II—Department of Veterans Affairs .............................................................. 1779 

Title III—General Provisions—This Division ........................................................ 1779 

DIVISION L—Explanatory Statement .................................................................. 1781 
1The House agreed to the amendment by a vote of 309-118 (Roll Call No. 249). The Senate 

agreed to the amendment by a vote of 79–18 (Record Vote No. 121). 

2The Explanatory Statement appears on pages H3327–H4112 in Books II and III of the May 

3, 2017 Congressional Record. 

VI

CLERK’S NOTE

This committee print provides a compilation of the enacted text 

and applicable explanatory material for the Consolidated Appropriations Act, 2017 (H.R. 244, P.L. 115–31). 

This Act consists of twelve divisions related to Appropriations 

matters (divisions A through L). The Act also includes three additional divisions unrelated to appropriations matters (divisions M 

through O). This compilation includes only the divisions related to 

appropriations matters. It also includes the front section of the Act, 

which contains provisions applicable to the entire Act. 

Divisions A through L are the products of negotiations between 

the House and Senate Appropriations Committees on final fiscal 

year 2017 appropriations for eleven of the tweleve annual appropriations bills. Division L includes additional funding for programs 

in the Military Construction and Veterans Affairs Subcommittee’s 

jurisdiction. The fiscal year 2017 Military Construction and Veterans Affairs appropriations bill was passed separately by both 

Houses on September 28, 2016 and signed into law on September 

29, 2016 (H.R. 5325, P.L. 114–223). 

The legislative text resulting from these negotiations was submitted by Chairman Rodney Frelinghuysen of the House Committee on Appropriations as a House amendment to the Senate 

amendment to an unrelated bill pending in the House, H.R. 244. 

The House agreed to the measure on May 3, 2017, and the Senate 

agreed to the measure on May 4, 2017. 1 The President signed the 

legislation on May 5, 2017, and it became Public Law 115–31. 

Because an ‘‘amendments-between-the-Houses’’ process was used 

instead of a conference committee, there is no conference report 

and no ‘‘joint Explanatory Statement of the managers’’ for H.R. 

244. An Explanatory Statement relating to the House amendment 

of H.R. 244 was filed by Chairman Frelinghuysen in the Congressional Record of May 3, 2017. 2 Section 4 of the Act provides that 

this Explanatory Statement ‘‘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.’’ 

For the convenience of users, the legislative text of each appropriations division is paired with the applicable section of the Explanatory Statement. 
(1)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

PROVISIONS APPLYING TO ALL DIVISIONS OF 

THE CONSOLIDATED APPROPRIATIONS ACT 

(3)

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated Appropriations Act, 

2017’’.

SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

Sec. 5. Statement of appropriations. 

Sec. 6. Availability of funds. 

Sec. 7. Technical allowance for estimating differences. 

Sec. 8. Correction. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Agricultural Programs 

Title II—Conservation Programs 

Title III—Rural Development Programs 

Title IV—Domestic Food Programs 

Title V—Foreign Assistance and Related Programs 

Title VI—Related Agency and Food and Drug Administration 

Title VII—General Provisions 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2017 

Title I—Department of Commerce 

Title II—Department of Justice 

Title III—Science 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related Agencies 

Title VIII—General Provisions 

Title IX—Overseas Contingency Operations/Global War on Terrorism 

Title X—Department of Defense—Additional Appropriations 

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Corps of Engineers—Civil 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent Agencies 

Title V—General Provisions 

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2017 

Title I—Department of the Treasury 
4

Title II—Executive Office of the President and Funds Appropriated to the President 

Title III—The Judiciary 

Title IV—District of Columbia 

Title V—Independent Agencies 

Title VI—General Provisions—This Act 

Title VII—General Provisions—Government-wide 

Title VIII—General Provisions—District of Columbia 

Title IX—SOAR Reauthorization 

DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

ACT, 2017 

Title I—Departmental Management, Operations, Intelligence, and Oversight 

Title II—Security, Enforcement, and Investigations 

Title III—Protection, Preparedness, Response, and Recovery 

Title IV—Research, Development, Training, and Services 

Title V—General Provisions 

Title VI—Department of Homeland Security—Additional Appropriations 

DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Department of the Interior 

Title II—Environmental Protection Agency 

Title III—Related Agencies 

Title IV—General Provisions 

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 

AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017 

Title I—Legislative Branch 

Title II—General Provisions 

DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 

RELATED PROGRAMS APPROPRIATIONS ACT, 2017 

Title I—Department of State and Related Agency 

Title II—United States Agency for International Development 

Title III—Bilateral Economic Assistance 

Title IV—International Security Assistance 

Title V—Multilateral Assistance 

Title VI—Export and Investment Assistance 

Title VII—General Provisions 

Title VIII—Overseas Contingency Operations/Global War on Terrorism 

DIVISION K—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Department of Transportation 

Title II—Department of Housing and Urban Development 

Title III—Related Agencies 

Title IV—General Provisions—This Act 

DIVISION L—MILITARY CONSTRUCTION AND VETERANS AFFAIRS— 

ADDITIONAL APPROPRIATIONS ACT, 2017 

Title I—Overseas Contingency Operations 

Title II—Department of Veterans Affairs 

Title III—General Provision—This Division 

DIVISION M—OTHER MATTERS 

Title I—Health Benefits for Miners Act of 2017 

Title II—Puerto Rico Section 1108(g) Amendment of 2017 

Title III—General Provision 
5

DIVISION N—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017 

DIVISION O—HONORING INVESTMENTS IN RECRUITING AND EMPLOYING 

AMERICAN MILITARY VETERANS ACT OF 2017 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division. 

SEC. 4. EXPLANATORY STATEMENT. 

The explanatory statement regarding this Act, printed in the 

House section of the Congressional Record on or about May 2, 

2017, and submitted by the Chairman of the Committee on Appropriations of the House, shall have the same effect with respect to 

the allocation of funds and implementation of divisions A through 

L of this Act as if it were a joint explanatory statement of a committee of conference. 

SEC. 5. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2017. 

SEC. 6. AVAILABILITY OF FUNDS. 

(a) Each amount designated in this Act by the Congress as an 

emergency requirement pursuant to section 251(b)(2)(A)(i) of the 

Balanced Budget and Emergency Deficit Control Act of 1985 shall 

be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. 

(b) Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such 

amounts and transmits such designations to the Congress. 

SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES. 

If, for fiscal year 2017, new budget authority provided in appropriations Acts exceeds the discretionary spending limit for any category set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 due to estimating differences with 

the Congressional Budget Office, an adjustment to the discretionary spending limit in such category for fiscal year 2017 shall 

be made by the Director of the Office of Management and Budget 

in the amount of the excess but the total of all such adjustments 

shall not exceed 0.2 percent of the sum of the adjusted discretionary spending limits for all categories for that fiscal year. 

SEC. 8. CORRECTION. 

The Further Continuing and Security Assistance Appropriations 

Act, 2017 (Public Law 114–254) is amended by changing the long 

title so as to read: ‘‘Making further continuing appropriations for 

the fiscal year ending September 30, 2017, and for other purposes.’’.

(7)

1This Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H3327, Book II. 

[CLERK’S NOTE.—Reproduced below are the introductory paragraphs of the Explanatory Statement regarding H.R. 244, the Consolidated Appropriations Act, 2017. 1]

EXPLANATORY STATEMENT SUBMITTED BY MR. FRELINGHUYSEN OF NEW JERSEY, CHAIRMAN OF THE HOUSE 

COMMITTEE ON APPROPRIATIONS, REGARDING THE 

HOUSE AMENDMENT TO THE SENATE AMENDMENTS ON 

H.R. 244 

CONSOLIDATED APPROPRIATIONS ACT, 2017 

The following is an explanation of the Consolidated Appropriations Act, 2017. 

This Act includes 11 regular appropriations bills for fiscal year 

2017. The divisions contained in the Act are as follows: 

• Division A—Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2017 

• Division B—Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017 

• Division C—Department of Defense Appropriations Act, 2017 

• Division D—Energy and Water Development and Related 

Agencies Appropriations Act, 2017 

• Division E—Financial Services and General Government Appropriations Act, 2017 • Division F—Department of Homeland Security Appropriations 

Act, 2017 • Division G—Department of the Interior, Environment, and 

Related Agencies Appropriations Act, 2017 • Division H—Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 

2017• Division I—Legislative Branch Appropriations Act, 2017 • Division J—Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 • Division K—Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017 • Division L—Military Construction and Veterans Affairs—Additional Appropriations Act, 2017 • Division M—Other Matters • Division N—Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017 (This is the original 

subject matter of H.R. 244.) 

Section 1 of the Act is the short title of the bill. 

Section 2 of the Act displays a table of contents. 
8

Section 3 of the Act states that, unless expressly provided otherwise, any reference to ‘‘this Act’’ contained in any division shall be 

treated as referring only to the provisions of that division. 

Section 4 of the Act states that this explanatory statement shall 

have the same effect with respect to the allocation of funds and implementation of this legislation as if it were a joint explanatory 

statement of a committee of conference. 

Section 5 of the Act provides a statement of appropriations. 

Section 6 of the Act states that each amount designated by Congress as an emergency requirement is contingent on the President 

so designating all such emergency amounts and transmitting such 

designations to Congress. The section further states that each 

amount designated by Congress as being for Overseas Contingency 

Operations/Global War on Terrorism (OCO/GWOT) is contingent on 

the President so designating all such OCO/GWOT amounts and 

transmitting such designations to Congress. The provision is consistent with the requirements in the Budget Control Act of 2011. 

Section 7 of the Act addresses possible technical scorekeeping differences for fiscal year 2017 between the Office of Management and 

Budget and the Congressional Budget Office. 

Section 8 of the Act makes a technical correction to the long title 

of the Further Continuing and Security Assistance Appropriations 

Act, 2017. 

The Act does not contain any congressional earmarks, limited tax 

benefits, or limited tariff benefits as defined by clause 9 of rule XXI 

of the Rules of the House of Representatives. 
(9)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, 

AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2017 

(11)

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, 

FOOD AND DRUG ADMINISTRATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2017 

TITLE I 

AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Secretary, $44,555,000, of which not to exceed $5,051,000 shall be available 

for the immediate Office of the Secretary; not to exceed $502,000 

shall be available for the Office of Tribal Relations; not to exceed 

$1,496,000 shall be available for the Office of Homeland Security 

and Emergency Coordination; not to exceed $1,209,000 shall be 

available for the Office of Advocacy and Outreach; not to exceed 

$24,928,000 shall be available for the Office of the Assistant Secretary for Administration, of which $24,124,000 shall be available 

for Departmental Administration to provide for necessary expenses 

for management support services to offices of the Department and 

for general administration, security, repairs and alterations, and 

other miscellaneous supplies and expenses not otherwise provided 

for and necessary for the practical and efficient work of the Department; not to exceed $3,869,000 shall be available for the Office of 

Assistant Secretary for Congressional Relations to carry out the 

programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and 

not to exceed $7,500,000 shall be available for the Office of Communications: Provided, That the Secretary of Agriculture is authorized to transfer funds appropriated for any office of the Office of 

the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent: Provided further,

That not to exceed $11,000 of the amount made available under 

this paragraph for the immediate Office of the Secretary shall be 

available for official reception and representation expenses, not 

otherwise provided for, as determined by the Secretary: Provided

further, That 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 
12

maintain personnel at the agency level: Provided further, That no 

funds made available under this heading for the Office of Assistant 

Secretary for Congressional Relations may be obligated after 30 

days from the date of enactment of this Act, unless the Secretary 

has notified the Committees on Appropriations of both Houses of 

Congress on the allocation of these funds by USDA agency. 

EXECUTIVE OPERATIONS

OFFICE OF THE CHIEF ECONOMIST

For necessary expenses of the Office of the Chief Economist, 

$18,917,000, of which $4,000,000 shall be for grants or cooperative 

agreements for policy research under 7 U.S.C. 3155; and of which 

$2,000,000, to remain available until September 30, 2018, shall be 

available for policy research and related activities in support of the 

forthcoming Farm Bill. 

OFFICE OF HEARINGS AND APPEALS

For necessary expenses of the Office of Hearings and Appeals, 

$13,399,000.

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program 

Analysis, $9,525,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information Of- ficer, $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 Offi- cer, $8,028,000. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

For necessary expenses of the Office of the Assistant Secretary 

for Civil Rights, $901,000. 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $24,206,000. 

AGRICULTURE BUILDINGS AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to Public 

Law 92–313, including authorities pursuant to the 1984 delegation 

of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C. 121, for programs and activities of the Department which are included in this Act, and for 

alterations and other actions needed for the Department and its 

agencies to consolidate unneeded space into configurations suitable 
13

for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture 

buildings and facilities, and for related costs, $84,189,000, to remain available until expended. 

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Resource 

Conservation and Recovery Act (42 U.S.C. 6901 et seq.), 

$3,633,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of 

the Department for its use in meeting all requirements pursuant 

to the above Acts on Federal and non-Federal lands. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, 

$98,208,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private 

persons pursuant to section 6(a)(9) of the Inspector General Act of 

1978, and including not to exceed $125,000 for certain confidential 

operational expenses, including the payment of informants, to be 

expended under the direction of the Inspector General pursuant to 

Public Law 95–452 and section 1337 of Public Law 97–98. 

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, 

$44,697,000.

OFFICE OF ETHICS

For necessary expenses of the Office of Ethics, $4,136,000. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION, AND

ECONOMICS

For necessary expenses of the Office of the Under Secretary for 

Research, Education, and Economics, $893,000. 

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service, 

$86,757,000.

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics 

Service, $171,239,000, of which up to $42,177,000 shall be available 

until expended for the Census of Agriculture: Provided, That 

amounts made available for the Census of Agriculture may be used 
14

to conduct Current Industrial Report surveys subject to 7 U.S.C. 

2204g(d) and (f). 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Agricultural Research Service and 

for acquisition of lands by donation, exchange, or purchase at a 

nominal cost not to exceed $100, and for land exchanges where the 

lands exchanged shall be of equal value or shall be equalized by a 

payment of money to the grantor which shall not exceed 25 percent 

of the total value of the land or interests transferred out of Federal 

ownership, $1,170,235,000: Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: 

Provided further, That appropriations hereunder shall be available 

pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, 

the cost of constructing any one building shall not exceed $500,000, 

except for headhouses or greenhouses which shall each be limited 

to $1,800,000, except for 10 buildings to be constructed or improved 

at a cost not to exceed $1,100,000 each, and except for two buildings to be constructed at a cost not to exceed $3,000,000 each, and 

the cost of altering any one building during the fiscal year shall not 

exceed 10 percent of the current replacement value of the building 

or $500,000, whichever is greater: Provided further, That appropriations hereunder shall be available for entering into lease agreements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by 

the Agricultural Research Service and a condition of the lease shall 

be that any facility shall be owned, operated, and maintained by 

the non-Federal entity and shall be removed upon the expiration 

or termination of the lease agreement: Provided further, That the 

limitations on alterations contained in this Act shall not apply to 

modernization or replacement of existing facilities at Beltsville, 

Maryland: Provided further, That appropriations hereunder shall 

be available for granting easements at the Beltsville Agricultural 

Research Center: Provided further, That the foregoing limitations 

shall not apply to replacement of buildings needed to carry out the 

Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That appropriations hereunder shall be available for granting easements at 

any Agricultural Research Service location for the construction of 

a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the 

easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, 

if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided further, That funds may be received from any State, other political subdivision, organization, or 

individual for the purpose of establishing or operating any research 

facility or research project of the Agricultural Research Service, as 

authorized by law. 
15

BUILDINGS AND FACILITIES

For the acquisition of land, construction, repair, improvement, 

extension, alteration, and purchase of fixed equipment or facilities 

as necessary to carry out the agricultural research programs of the 

Department of Agriculture, where not otherwise provided, 

$99,600,000 to remain available until expended. 

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative 

forestry and other research, for facilities, and for other expenses, 

$849,518,000, which shall be for the purposes, and in the amounts, 

specified in the table titled ‘‘National Institute of Food and Agriculture, Research and Education Activities’’ in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act): Provided, That funds for research 

grants for 1994 institutions, education grants for 1890 institutions, 

capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, veterinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That each institution eligible to receive funds under the Evans-Allen program receives no less than $1,000,000: Provided further, That funds for 

education grants for Alaska Native and Native Hawaiian-serving 

institutions be made available to individual eligible institutions or 

consortia of eligible institutions with funds awarded equally to each 

of the States of Alaska and Hawaii: Provided further, That funds 

for education grants for 1890 institutions shall be made available 

to institutions eligible to receive funds under 7 U.S.C. 3221 and 

3222: Provided further, That not more than 5 percent of the 

amounts made available by this or any other Act to carry out the 

Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) 

may be retained by the Secretary of Agriculture to pay administrative costs incurred by the Secretary in carrying out that authority. 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to remain available until expended. 

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico, 

Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 

American Samoa, $477,391,000, which shall be for the purposes, 

and in the amounts, specified in the table titled ‘‘National Institute 

of Food and Agriculture, Extension Activities’’ in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act): Provided, That funds for facility improvements at 1890 institutions shall remain available until expended: Provided further, That institutions eligible to receive funds 
16

under 7 U.S.C. 3221 for cooperative extension receive no less than 

$1,000,000: Provided further, That funds for cooperative extension 

under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) 

and (c)) and section 208(c) of Public Law 93–471 shall be available 

for retirement and employees’ compensation costs for extension 

agents.

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants programs, including necessary administrative expenses, $36,000,000, 

which shall be for the purposes, and in the amounts, specified in 

the table titled ‘‘National Institute of Food and Agriculture, Integrated Activities’’ in the explanatory statement described in section 

4 (in the matter preceding division A of this consolidated Act): Provided, That funds for the Food and Agriculture Defense Initiative 

shall remain available until September 30, 2018: Provided further,

That notwithstanding any other provision of law, indirect costs 

shall not be charged against any Extension Implementation Program Area grant awarded under the Crop Protection/Pest Management Program (7 U.S.C. 7626). 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $901,000. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Animal and Plant Health Inspec- tion 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 
17

available until expended, shall be for emergency preparedness and 

response; of which $54,000,000, to remain available until expended, 

shall be for tree and wood pests; of which $5,723,000, to remain 

available until expended, shall be for the National Veterinary 

Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which 

$2,500,000, to remain available until expended, shall be for the 

wildlife damage management program for aviation safety: Provided, That of amounts available under this heading for wildlife 

services methods development, $1,000,000 shall remain available 

until expended: Provided further, That of amounts available under 

this heading for the screwworm program, $4,990,000 shall remain 

available until expended; of which $3,000,000, to remain available 

until expended, shall be for National Bio and Agro-Defense human 

capital development: Provided further, That no funds shall be used 

to formulate or administer a brucellosis eradication program for the 

current fiscal year that does not require minimum matching by the 

States of at least 40 percent: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed five, of which two shall be 

for replacement only: Provided further, That in addition, in emergencies which threaten any segment of the agricultural production 

industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of 

the Department such sums as may be deemed necessary, to be 

available only in such emergencies for the arrest and eradication 

of contagious or infectious disease or pests of animals, poultry, or 

plants, and for expenses in accordance with sections 10411 and 

10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 

8316) and sections 431 and 442 of the Plant Protection Act (7 

U.S.C. 7751 and 7772), and any unexpended balances of funds 

transferred for such emergency purposes in the preceding fiscal 

year shall be merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to 

law (7 U.S.C. 2250) for the repair and alteration of leased buildings 

and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. 

In fiscal year 2017, the agency is authorized to collect fees to 

cover the total costs of providing technical assistance, goods, or 

services requested by States, other political subdivisions, domestic 

and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity’s 

liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and 

such fees shall be reimbursed to this account, to remain available 

until expended, without further appropriation, for providing such 

assistance, goods, or services. 

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase 

of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
18

acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to 

remain available until expended. 

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses of the Agricultural Marketing Service, 

$84,933,000, of which $1,000,000 shall be available for the purposes of section 12306 of Public Law 113–79: Provided, That of the 

funds provided herein, $1,000,000 shall be used for the transportation services division: Provided further, That of the amounts 

made available under this heading, no more than $1,000,000 shall 

be used for the purpose of Public Law 114–216: Provided further,

That this appropriation shall be available pursuant to law (7 

U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal 

year shall not exceed 10 percent of the current replacement value 

of the building. 

Fees may be collected for the cost of standardization activities, 

as established by regulation pursuant to law (31 U.S.C. 9701). 

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $61,227,000 (from fees collected) shall be obligated 

during the current fiscal year for administrative expenses: Provided, That if crop size is understated and/or other uncontrollable 

events occur, the agency may exceed this limitation by up to 10 

percent with notification to the Committees on Appropriations of 

both Houses of Congress. 

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24, 1935 

(7 U.S.C. 612c), shall be used only for commodity program expenses 

as authorized therein, and other related operating expenses, except 

for: (1) transfers to the Department of Commerce as authorized by 

the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise 

provided in this Act; and (3) not more than $20,705,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and 

the Agricultural Act of 1961. 

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities 

under section 204(b) of the Agricultural Marketing Act of 1946 (7 

U.S.C. 1623(b)), $1,235,000. 
19

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Grain Inspection, Packers and 

Stockyards Administration, $43,482,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the 

alteration and repair of buildings and improvements, but the cost 

of altering any one building during the fiscal year shall not exceed 

10 percent of the current replacement value of the building. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $55,000,000 (from fees collected) shall be obligated 

during the current fiscal year for inspection and weighing services: 

Provided, That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the 

Committees on Appropriations of both Houses of Congress. 

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary expenses of the Office of the Under Secretary for 

Food Safety, $819,000. 

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by the 

Federal Meat Inspection Act, the Poultry Products Inspection Act, 

and the Egg Products Inspection Act, including not to exceed 

$50,000 for representation allowances and for expenses pursuant to 

section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 

$1,032,062,000; and in addition, $1,000,000 may be credited to this 

account from fees collected for the cost of laboratory accreditation 

as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That funds 

provided for the Public Health Data Communication Infrastructure 

system shall remain available until expended: Provided further,

That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2017 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of 

Slaughter Act: Provided further, That the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246 as further clarified by the amendments made in 

section 12106 of Public Law 113–79: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for 

the alteration and repair of buildings and improvements, but the 

cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. 

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary expenses of the Office of the Under Secretary for 

Farm and Foreign Agricultural Services, $901,000. 
20

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Farm Service Agency, 

$1,206,110,000: Provided, That not more than 50 percent of the 

$100,851,000 made available under this heading for information 

technology related to farm program delivery, including the Modernize and Innovate the Delivery of Agricultural Systems and other 

farm program delivery systems, may be obligated until the Secretary submits to the Committees on Appropriations of both 

Houses of Congress, and receives written or electronic notification 

of receipt from such Committees of, a plan for expenditure that (1) 

identifies for each project/investment over $25,000 (a) the functional and performance capabilities to be delivered and the mission 

benefits to be realized, (b) the estimated lifecycle cost, including estimates for development as well as maintenance and operations, 

and (c) key milestones to be met; (2) demonstrates that each 

project/investment is (a) consistent with the Farm Service Agency 

Information Technology Roadmap, (b) being managed in accordance 

with applicable lifecycle management policies and guidance, and (c) 

subject to the applicable Department’s capital planning and investment control requirements; and (3) has been reviewed by the Government Accountability Office and approved by the Committees on 

Appropriations of both Houses of Congress: Provided further, That 

the agency shall submit a report by the end of the fourth quarter 

of fiscal year 2017 to the Committees on Appropriations and the 

Government Accountability Office, that identifies for each project/ 

investment that is operational (a) current performance against key 

indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against a pre-established cost baseline, (d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of whether the investment continues to meet business needs as intended as well as alternatives to the investment: Provided further, That the Secretary 

is authorized to use the services, facilities, and authorities (but not 

the funds) of the Commodity Credit Corporation to make program 

payments for all programs administered by the Agency: Provided

further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: 

Provided further, That funds made available to county committees 

shall remain available until expended: Provided further, That none 

of the funds available to the Farm Service Agency shall be used to 

close Farm Service Agency county offices: Provided further, That 

none of the funds available to the Farm Service Agency shall be 

used to permanently relocate county based employees that would 

result in an office with two or fewer employees without prior notification and approval of the Committees on Appropriations of both 

Houses of Congress. 
21

STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), $3,904,000. 

GRASSROOTS SOURCE WATER PROTECTION PROGRAM

For necessary expenses to carry out wellhead or groundwater 

protection activities under section 1240O of the Food Security Act 

of 1985 (16 U.S.C. 3839bb–2), $6,500,000, to remain available until 

expended.

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments 

to dairy farmers and manufacturers of dairy products under a 

dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12). 

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 

U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), 

Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil 

loans (7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 

1924 et seq.), and Indian highly fractionated land loans (25 U.S.C. 

488) to be available from funds in the Agricultural Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed farm ownership loans and $1,500,000,000 for farm ownership direct loans; 

$1,960,000,000 for unsubsidized guaranteed operating loans and 

$1,530,000,000 for direct operating loans; emergency loans, 

$22,576,000; Indian tribe land acquisition loans, $20,000,000; guaranteed conservation loans, $150,000,000; Indian highly fractionated 

land loans, $10,000,000; and for boll weevil eradication program 

loans, $60,000,000: Provided, That the Secretary shall deem the 

pink bollworm to be a boll weevil for the purpose of boll weevil 

eradication program loans. 

For the cost of direct and guaranteed loans and grants, including 

the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm operating loans, 

$65,178,000 for direct operating loans, $20,972,000 for unsubsidized guaranteed operating loans, emergency loans, $1,262,000, 

to remain available until expended; and $2,550,000 for Indian highly fractionated land loans. 

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $317,068,000, of which 

$306,998,000 shall be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 
22

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among 

these programs: Provided, That the Committees on Appropriations 

of both Houses of Congress are notified at least 15 days in advance 

of any transfer. 

RISK MANAGEMENT AGENCY

SALARIES AND EXPENSES

For necessary expenses of the Risk Management Agency, $74,829,000: Provided, That not to exceed $1,000 shall be available 

for official reception and representation expenses, as authorized by 

7 U.S.C. 1506(i). 

CORPORATIONS

The following corporations and agencies are hereby authorized to 

make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord 

with law, and to make contracts and commitments without regard 

to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out 

the programs set forth in the budget for the current fiscal year for 

such corporation or agency, except as hereinafter provided. 

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal Crop 

Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to 

remain available until expended. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

(INCLUDING TRANSFERS OF FUNDS)

For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses 

sustained, but not previously reimbursed, pursuant to section 2 of 

the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided, That of 

the funds available to the Commodity Credit Corporation under 

section 11 of the Commodity Credit Corporation Charter Act (15 

U.S.C. 714i) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used 

by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not 

related to Commodity Credit Corporation business. 

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES)

For the current fiscal year, the Commodity Credit Corporation 

shall not expend more than $5,000,000 for site investigation and 

cleanup expenses, and operations and maintenance expenses to 
23

comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 

U.S.C. 9607(g)), and section 6001 of the Resource Conservation and 

Recovery Act (42 U.S.C. 6961). 

TITLE II 

CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

For necessary expenses of the Office of the Under Secretary for 

Natural Resources and Environment, $901,000. 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the Act 

of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and 

water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary 

to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use 

in the plant materials program by donation, exchange, or purchase 

at a nominal cost not to exceed $100 pursuant to the Act of August 

3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation 

and maintenance of aircraft, $864,474,000, to remain available 

until September 30, 2018: Provided, That appropriations hereunder 

shall be available pursuant to 7 U.S.C. 2250 for construction and 

improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements 

to other buildings and other public improvements shall not exceed 

$250,000: Provided further, That when buildings or other structures are erected on non-Federal land, that the right to use such 

land is obtained as provided in 7 U.S.C. 2250a: Provided further,

That of the amounts made available under this heading, 

$5,600,000, shall remain available until expended for the authorities under 16 U.S.C. 1001–1005 and 1007–1009 for authorized ongoing watershed projects with a primary purpose of providing 

water to rural communities. 

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures, including but not limited to surveys and investigations, engineering operations, works of improvement, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act 

(16 U.S.C. 1001–1005 and 1007–1009) and in accordance with the 

provisions of laws relating to the activities of the Department, 

$150,000,000, to remain available until expended: Provided, That of 
24

the amounts made available under this heading, $50,000,000 shall 

be allocated to projects and activities that can commence promptly 

following enactment; that address regional priorities for flood prevention, agricultural water management, inefficient irrigation systems, fish and wildlife habitat, or watershed protection; or that address authorized ongoing projects under the authorities of section 

13 of the Flood Control Act of December 22, 1944 (Public Law 78– 

534) with a primary purpose of watershed protection by preventing 

floodwater damage and stabilizing stream channels, tributaries, 

and banks to reduce erosion and sediment transport. 

WATERSHED REHABILITATION PROGRAM

Under the authorities of section 14 of the Watershed Protection 

and Flood Prevention Act, $12,000,000 is provided. 

TITLE III 

RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary expenses of the Office of the Under Secretary for Rural Development, $896,000. 

RURAL DEVELOPMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration and 

implementation of programs in the Rural Development mission 

area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative 

agreements; $225,835,000: Provided, That notwithstanding any 

other provision of law, funds appropriated under this heading may 

be used for advertising and promotional activities that support the 

Rural Development mission area: Provided further, That any balances available from prior years for the Rural Utilities Service, 

Rural Housing Service, and the Rural Business—Cooperative Service salaries and expenses accounts shall be transferred to and 

merged with this appropriation. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, 

to be available from funds in the rural housing insurance fund, as 

follows: $1,000,000,000 shall be for direct loans and 

$24,000,000,000 shall be for unsubsidized guaranteed loans; 

$26,278,000 for section 504 housing repair loans; $35,000,000 for 

section 515 rental housing; $230,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of sin-
25

gle family housing acquired property; $5,000,000 for section 523 

self-help housing land development loans; and $5,000,000 for section 524 site development loans. 

For the cost of direct and guaranteed loans, including the cost of 

modifying loans, as defined in section 502 of the Congressional 

Budget Act of 1974, as follows: section 502 loans, $67,700,000 shall 

be for direct loans; section 504 housing repair loans, $3,663,000; 

section 523 self-help housing land development loans, $417,000; 

section 524 site development loans, $111,000; and repair, rehabilitation, and new construction of section 515 rental housing, 

$10,360,000: Provided, That to support the loan program level for 

section 538 guaranteed loans made available under this heading 

the Secretary may charge or adjust any fees to cover the projected 

cost of such loan guarantees pursuant to the provisions of the 

Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest 

on such loans may not be subsidized: Provided further, That applicants in communities that have a current rural area waiver under 

section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) shall be 

treated as living in a rural area for purposes of section 502 guaranteed loans provided under this heading: Provided further, That of 

the amounts available under this paragraph for section 502 direct 

loans, no less than $5,000,000 shall be available for direct loans for 

individuals whose homes will be built pursuant to a program funded with a mutual and self-help housing grant authorized by section 

523 of the Housing Act of 1949 until June 1, 2017: Provided further, That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public housing authorities 

to facilitate the acquisition of Rural Housing Service (RHS) multifamily housing properties by such nonprofit organizations and public housing authorities that commit to keep such properties in the 

RHS multifamily housing program for a period of time as determined by the Secretary, with such incentives to include, but not be 

limited to, the following: allow such nonprofit entities and public 

housing authorities to earn a Return on Investment (ROI) on their 

own resources to include proceeds from low income housing tax 

credit syndication, own contributions, grants, and developer loans 

at favorable rates and terms, invested in a deal; and allow reimbursement of organizational costs associated with owner’s oversight 

of asset referred to as ‘‘Asset Management Fee’’ (AMF) of up to 

$7,500 per property. 

In addition, for the cost of direct loans, grants, and contracts, as 

authorized by 42 U.S.C. 1484 and 1486, $15,387,000, to remain 

available until expended, for direct farm labor housing loans and 

domestic farm labor housing grants and contracts: Provided, That 

any balances available for the Farm Labor Program Account shall 

be transferred to and merged with this account. 

In addition, for administrative expenses necessary to carry out 

the direct and guaranteed loan programs, $412,254,000 shall be 

transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered 
26

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 oneyear agreements may be transferred and used for purposes of any 

debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 

2017 for a farm labor multi-family housing project financed under 

section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of 

tenants seeking such assistance or the project has rental assistance 

eligible tenants who are not receiving such assistance: Provided

further, That such recaptured rental assistance shall, to the extent 

practicable, be applied to another farm labor multi-family housing 

project financed under section 514 or 516 of the Act: Provided further, That except as provided in the third proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture rental assistance provided under agreements 

entered into prior to fiscal year 2017 for a project that the Secretary determines no longer needs rental assistance and use such 

recaptured funds for current needs. 

MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a 

demonstration program for the preservation and revitalization of 

multi-family rental housing properties described in this paragraph, 

$41,400,000, to remain available until expended: Provided, That of 

the funds made available under this heading, $19,400,000, shall be 

available for rural housing vouchers to any low-income household 

(including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after 

September 30, 2005: Provided further, That the amount of such 

voucher shall be the difference between comparable market rent for 

the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be 

subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, 

administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered 

by the Secretary of the Department of Housing and Urban Development: Provided further, That if the Secretary determines that the 

amount made available for vouchers in this or any other Act is not 

needed for vouchers, the Secretary may use such funds for the 
27

demonstration program for the preservation and revitalization of 

multi-family rental housing properties described in this paragraph: 

Provided further, That of the funds made available under this 

heading, $22,000,000 shall be available for a demonstration program for the preservation and revitalization of the sections 514, 

515, and 516 multi-family rental housing properties to restructure 

existing USDA multi-family housing loans, as the Secretary deems 

appropriate, expressly for the purposes of ensuring the project has 

sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and 

farm laborers including reducing or eliminating interest; deferring 

loan payments, subordinating, reducing or reamortizing loan debt; 

and other financial assistance including advances, payments and 

incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided further,

That the Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with 

the terms of the restructuring: Provided further, That if the Secretary determines that additional funds for vouchers described in 

this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers: Provided further, That if Congress enacts legislation to permanently 

authorize a multi-family rental housing loan restructuring program 

similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the 

prior approval of the Committees on Appropriations of both Houses 

of Congress: Provided further, That in addition to any other available funds, the Secretary may expend not more than $1,000,000 

total, from the program funds made available under this heading, 

for administrative expenses for activities funded under this heading.

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of the 

Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain 

available until expended. 

RURAL HOUSING ASSISTANCE GRANTS

For grants for very low-income housing repair and rural housing 

preservation made by the Rural Housing Service, as authorized by 

42 U.S.C. 1474, and 1490m, $33,701,000, to remain available until 

expended.

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 

381E(d)(1) of the Consolidated Farm and Rural Development Act, 

$2,600,000,000 for direct loans and $148,305,000 for guaranteed 

loans.
28

For the cost of guaranteed loans, including the cost of modifying 

loans, as defined in section 502 of the Congressional Budget Act of 

1974, $3,322,000, to remain available until expended. 

For the cost of grants for rural community facilities programs as 

authorized by section 306 and described in section 381E(d)(1) of the 

Consolidated Farm and Rural Development Act, $43,778,000, to remain available until expended: Provided, That $4,000,000 of the 

amount appropriated under this heading shall be available for a 

Rural Community Development Initiative: Provided further, That 

such funds shall be used solely to develop the capacity and ability 

of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to 

improve housing, community facilities, community and economic 

development projects in rural areas: Provided further, That such 

funds shall be made available to qualified private, nonprofit and 

public intermediary organizations proposing to carry out a program 

of financial and technical assistance: Provided further, That such 

intermediary organizations shall provide matching funds from 

other sources, including Federal funds for related activities, in an 

amount not less than funds provided: Provided further, That 

$5,778,000 of the amount appropriated under this heading shall be 

to provide grants for facilities in rural communities with extreme 

unemployment and severe economic depression (Public Law 106– 

387), with up to 5 percent for administration and capacity building 

in the State rural development offices: Provided further, That 

$4,000,000 of the amount appropriated under this heading shall be 

available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further, That 

sections 381E–H and 381N of the Consolidated Farm and Rural 

Development Act are not applicable to the funds made available 

under this heading. 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of loan guarantees and grants, for the rural business 

development programs authorized by section 310B and described in 

subsections (a), (c), (f) and (g) of section 310B of the Consolidated 

Farm and Rural Development Act, $65,319,000, to remain available 

until expended: Provided, That of the amount appropriated under 

this heading, not to exceed $500,000 shall be made available for 

one grant to a qualified national organization to provide technical 

assistance for rural transportation in order to promote economic development and $6,000,000 shall be for grants to the Delta Regional 

Authority (7 U.S.C. 2009aa et seq.) and the Appalachian Regional 

Commission (40 U.S.C. 14101 et seq.) for any Rural Community 

Advancement Program purpose as described in section 381E(d) of 

the Consolidated Farm and Rural Development Act, of which not 

more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount appropriated under 

this heading shall be for business grants to benefit Federally Rec-
29

ognized Native American Tribes, including $250,000 for a grant to 

a qualified national organization to provide technical assistance for 

rural transportation in order to promote economic development: 

Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds 

made available under this heading. 

INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by the 

Intermediary Relending Program Fund Account (7 U.S.C. 1936b), 

$18,889,000.

For the cost of direct loans, $5,476,000, as authorized by the 

Intermediary Relending Program Fund Account (7 U.S.C. 1936b), 

of which $557,000 shall be available through June 30, 2017, for 

Federally Recognized Native American Tribes; and of which 

$1,072,000 shall be available through June 30, 2017, for Mississippi Delta Region counties (as determined in accordance with 

Public Law 100–460): Provided, That such costs, including the cost 

of modifying such loans, shall be as defined in section 502 of the 

Congressional Budget Act of 1974. 

In addition, for administrative expenses to carry out the direct loan programs, $4,468,000 shall be transferred to and merged with 

the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

For the principal amount of direct loans, as authorized under 

section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, 

$42,213,000.

Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act 

of 1936, $132,000,000 shall not be obligated and $132,000,000 are 

rescinded.

The cost of grants authorized under section 313 of the Rural 

Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed $10,000,000. 

RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act 

(7 U.S.C. 1932), $26,550,000, of which $2,750,000 shall be for cooperative agreements for the appropriate technology transfer for rural 

areas program: Provided, That not to exceed $3,000,000 shall be for 

grants for cooperative development centers, individual cooperatives, 

or groups of cooperatives that serve socially disadvantaged groups 

and a majority of the boards of directors or governing boards of 

which are comprised of individuals who are members of socially 

disadvantaged groups; and of which $15,000,000, to remain available until expended, shall be for value-added agricultural product 
30

market development grants, as authorized by section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a). 

RURAL ENERGY FOR AMERICA PROGRAM

For the cost of a program of loan guarantees, under the same 

terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $352,000: 

Provided, That the cost of loan guarantees, including the cost of 

modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. 

RURAL UTILITIES SERVICE

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants for the 

rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 

306E, and 310B and described in sections 306C(a)(2), 306D, 306E, 

and 381E(d)(2) of the Consolidated Farm and Rural Development 

Act, $571,190,000, to remain available until expended, of which not 

to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not 

to exceed $993,000 shall be available for the rural utilities program 

described in section 306E of such Act: Provided, That not to exceed 

$10,000,000 of the amount appropriated under this heading shall 

be for grants authorized by section 306A(i)(2) of the Consolidated 

Farm and Rural Development Act in addition to funding authorized 

by section 306A(i)(1) of such Act: Provided further, That

$64,000,000 of the amount appropriated under this heading shall 

be for loans and grants including water and waste disposal systems 

grants authorized by section 306C(a)(2)(B) and section 306D of the 

Consolidated Farm and Rural Development Act, and Federally Recognized Native American Tribes authorized by 306C(a)(1) of such 

Act: Provided further, That funding provided for section 306D of 

the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 

105–83: Provided further, That not more than 2 percent of the 

funding provided for section 306D of the Consolidated Farm and 

Rural Development Act may be used by the State of Alaska for 

training and technical assistance programs and not more than 2 

percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105–83 for 

training and technical assistance programs: Provided further, That

not to exceed $20,000,000 of the amount appropriated under this 

heading shall be for technical assistance grants for rural water and 

waste systems pursuant to section 306(a)(14) of such Act, unless 

the Secretary makes a determination of extreme need, of which 

$6,500,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with 

experience in working with small communities on water and waste 

water problems, the principal purpose of such grant shall be to as-
31

sist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than 

$800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for 

tribal communities: Provided further, That not to exceed 

$16,897,000 of the amount appropriated under this heading shall 

be for contracting with qualified national organizations for a circuit 

rider program to provide technical assistance for rural water systems: Provided further, That not to exceed $4,000,000 shall be for 

solid waste management grants: Provided further, That

$10,000,000 of the amount appropriated under this heading shall 

be transferred to, and merged with, the Rural Utilities Service, 

High Energy Cost Grants Account to provide grants authorized 

under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 

918a): Provided further, That any prior year balances for high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and merged 

with the Rural Utilities Service, High Energy Cost Grants Account: 

Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the 

funds made available under this heading. 

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 

1936 (7 U.S.C. 935 and 936) shall be made as follows: loans made 

pursuant to section 306 of that Act, rural electric, $5,500,000,000; 

guaranteed underwriting loans pursuant to section 313A, 

$750,000,000; 5 percent rural telecommunications loans, cost of 

money rural telecommunications loans, and for loans made pursuant to section 306 of that Act, rural telecommunications loans, 

$690,000,000: Provided, That up to $2,000,000,000 shall be used for 

the construction, acquisition, or improvement of fossil-fueled electric generating plants (whether new or existing) that utilize carbon 

sequestration systems. 

For the cost of direct loans as authorized by section 305 of the 

Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost 

of modifying loans, as defined in section 502 of the Congressional 

Budget Act of 1974, cost of money rural telecommunications loans, 

$3,071,000.

In addition, for administrative expenses necessary to carry out 

the direct and guaranteed loan programs, $33,270,000, which shall 

be transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For the principal amount of broadband telecommunication loans, 

$27,043,000.
32

For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $26,600,000, 

to remain available until expended: Provided, That $3,000,000 

shall be made available for grants authorized by 379G of the Consolidated Farm and Rural Development Act: Provided further, That 

funding provided under this heading for grants under 379G of the 

Consolidated Farm and Rural Development Act may only be provided to entities that meet all of the eligibility criteria for a consortium as established by this section. 

For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $4,500,000, to remain available until 

expended: Provided, That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, $34,500,000, to remain available until expended, for 

a grant program to finance broadband transmission in rural areas 

eligible for Distance Learning and Telemedicine Program benefits 

authorized by 7 U.S.C. 950aaa. 

TITLE IV 

DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION, AND

CONSUMER SERVICES

For necessary expenses of the Office of the Under Secretary for Food, Nutrition, and Consumer Services, $814,000. 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, 

and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except 

sections 17 and 21; $22,793,982,000 to remain available through 

September 30, 2018, of which such sums as are made available 

under section 14222(b)(1) of the Food, Conservation, and Energy 

Act of 2008 (Public Law 110–246), as amended by this Act, shall 

be merged with and available for the same time period and purposes as provided herein: Provided, That of the total amount available, $17,004,000 shall be available to carry out section 19 of the 

Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided further, That of the total amount available, $25,000,000 shall be available to provide competitive grants to State agencies for subgrants 

to local educational agencies and schools to purchase the equipment needed to serve healthier meals, improve food safety, and to 

help support the establishment, maintenance, or expansion of the 

school breakfast program: Provided further, That of the total 

amount available, $23,000,000 shall remain available until expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111–80): Provided further, That section 26(d) of the Richard B. Russell National School Lunch Act (42 

U.S.C. 1769g(d)) is amended in the first sentence by striking ‘‘2010 
33

through 2016’’ and inserting ‘‘2010 through 2017’’: Provided further,

That section 9(h)(3) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence 

by striking ‘‘for each of fiscal years 2011 through 2015’’ and inserting ‘‘for fiscal year 2017’’: Provided further, That section 9(h)(4) of 

the Richard B. Russell National School Lunch Act (42 U.S.C. 

1758(h)(4)) is amended in the first sentence by striking ‘‘for each 

of fiscal years 2011 through 2015’’ and inserting ‘‘for fiscal year 

2017’’.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition 

Act of 1966 (42 U.S.C. 1786), $6,350,000,000, to remain available 

through September 30, 2018: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 

1786(h)(10)), not less than $60,000,000 shall be used for 

breastfeeding peer counselors and other related activities, and 

$13,600,000 shall be used for infrastructure: Provided further, That 

none of the funds provided in this account shall be available for the 

purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 

17 of such Act: Provided further, That none of the funds provided 

shall be available for activities that are not fully reimbursed by 

other Federal Government departments or agencies unless authorized by section 17 of such Act: Provided further, That upon termination of a federally mandated vendor moratorium and subject to 

terms and conditions established by the Secretary, the Secretary 

may waive the requirement at 7 CFR 246.12(g)(6) at the request 

of a State agency. 

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

For necessary expenses to carry out the Food and Nutrition Act 

of 2008 (7 U.S.C. 2011 et seq.), $78,480,694,000, of which 

$3,000,000,000, to remain available through December 31, 2018, 

shall be placed in reserve for use only in such amounts and at such 

times as may become necessary to carry out program operations: 

Provided, That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further, That of the funds made available under this heading, 

$998,000 may be used to provide nutrition education services to 

State agencies and Federally Recognized Tribes participating in the 

Food Distribution Program on Indian Reservations: Provided further, That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided

further, That funds made available for Employment and Training 

under this heading shall remain available through September 30, 

2018: Provided further, That funds made available under this heading for section 28(d)(1), section 4(b), and section 27(a) of the Food 

and Nutrition Act of 2008 shall remain available through September 30, 2018: Provided further, That none of the funds made 

available under this heading may be obligated or expended in con-
34

travention of section 213A of the Immigration and Nationality Act 

(8 U.S.C. 1183A): Provided further, That funds made available 

under this heading may be used to enter into contracts and employ 

staff to conduct studies, evaluations, or to conduct activities related 

to program integrity provided that such activities are authorized by 

the Food and Nutrition Act of 2008. 

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and the 

Commodity Supplemental Food Program as authorized by section 

4(a) of the Agriculture and Consumer Protection Act of 1973 (7 

U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by 

section 103(f)(2) of the Compact of Free Association Amendments 

Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition 

Act of 1966, $315,139,000, to remain available through September 

30, 2018: Provided, That none of these funds shall be available to 

reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further, That notwithstanding any 

other provision of law, effective with funds made available in fiscal 

year 2017 to support the Seniors Farmers’ Market Nutrition Program, as authorized by section 4402 of the Farm Security and 

Rural Investment Act of 2002, such funds shall remain available 

through September 30, 2018: Provided further, That of the funds 

made available under section 27(a) of the Food and Nutrition Act 

of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent 

for costs associated with the distribution of commodities. 

NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the Food and Nutrition 

Service for carrying out any domestic nutrition assistance program, 

$170,716,000: Provided, That of the funds provided herein, 

$17,700,000 shall be available until expended for relocation expenses and for the alteration and repair of buildings and improvements pursuant to 7 U.S.C. 2250: Provided further, That of the 

funds provided herein, $2,000,000 shall be used for the purposes of 

section 4404 of Public Law 107–171, as amended by section 4401 

of Public Law 110–246: Provided further, That of the funds provided herein, $1,000,000 shall be used to contract for an independent study to identify the best means of consolidating and coordinating reporting requirements under Child Nutrition Programs 

to eliminate redundancy, increase efficiency, and reduce the reporting burden on school food authorities and State agencies. 
35

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’’.

FOOD FOR PEACE TITLE II GRANTS

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Food for Peace Act (Public Law 83–480), for commodities supplied in connection with dispositions abroad under title II 

of said Act, $1,466,000,000, to remain available until expended: 

Provided, That the Administrator of the United States Agency for 

International Development shall in each instance notify in writing 

the Committees on Appropriations of both Houses of Congress, the 

Committee on Agriculture of the House, and the Committee on Agriculture, Nutrition, and Forestry of the Senate and make publicly 

available online the amount and use of authority in section 202(a) 

of the Food for Peace Act (7 U.S.C. 1722(a)) to notwithstand the 

minimum level of nonemergency assistance required by section 

412(e)(2) of the Food for Peace Act (7 U.S.C. 1736f(e)(2)) not later 

than 15 days after the date of such action. 
36

MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section 

3107 of the Farm Security and Rural Investment Act of 2002 (7 

U.S.C. 1736o–1), $201,626,000, to remain available until expended: 

Provided, That the Commodity Credit Corporation is authorized to 

provide the services, facilities, and authorities for the purpose of 

implementing such section, subject to reimbursement from 

amounts provided herein: Provided further, That of the amount 

made available under this heading, $5,000,000, shall remain available until expended for necessary expenses to carry out the provisions of section 3207 of the Agricultural Act of 2014 (7 U.S.C. 

1726c).

COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT

GUARANTEE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit 

Corporation’s Export Guarantee Program, GSM 102 and GSM 103, 

$8,537,000; to cover common overhead expenses as permitted by 

section 11 of the Commodity Credit Corporation Charter Act and 

in conformity with the Federal Credit Reform Act of 1990, of which 

$6,074,000 shall be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and 

of which $2,463,000 shall be transferred to and merged with the 

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

TITLE 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. 
37

379j–42, and shall be credited to this account and remain available 

until expended; $22,079,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j–52, and shall 

be credited to this account and remain available until expended; 

$23,673,000 shall be derived from animal drug user fees authorized 

by 21 U.S.C. 379j–12, and shall be credited to this account and remain available until expended; $11,341,000 shall be derived from 

animal generic drug user fees authorized by 21 U.S.C. 379j–21, and 

shall be credited to this account and remain available until expended; $635,000,000 shall be derived from tobacco product user 

fees authorized by 21 U.S.C. 387s, and shall be credited to this account and remain available until expended: Provided further, That 

in addition to and notwithstanding any other provision under this 

heading, amounts collected for prescription drug user fees, medical 

device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and animal generic 

drug user fees that exceed the respective fiscal year 2017 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further, That fees derived 

from prescription drug, medical device, human generic drug, biosimilar biological product, animal drug, and animal generic drug 

assessments for fiscal year 2017, including any such fees collected 

prior to fiscal year 2017 but credited for fiscal year 2017, shall be 

subject to the fiscal year 2017 limitations: Provided further, That 

the Secretary may accept payment during fiscal year 2017 of user 

fees specified under this heading and authorized for fiscal year 

2018, prior to the due date for such fees, and that amounts of such 

fees assessed for fiscal year 2018 for which the Secretary accepts 

payment in fiscal year 2017 shall not be included in amounts under 

this heading: Provided further, That none of these funds shall be 

used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total 

amount appropriated: (1) $1,025,503,000 shall be for the Center for 

Food Safety and Applied Nutrition and related field activities in 

the Office of Regulatory Affairs; (2) $1,329,328,000 shall be for the 

Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $339,618,000 shall be for 

the Center for Biologics Evaluation and Research and for related 

field activities in the Office of Regulatory Affairs; (4) $194,252,000 

shall be for the Center for Veterinary Medicine and for related field 

activities in the Office of Regulatory Affairs; (5) $427,928,000 shall 

be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) 

$63,331,000 shall be for the National Center for Toxicological Research; (7) $596,338,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) not to exceed $163,507,000 shall be for Rent and Related 

activities, of which $46,856,000 is for White Oak Consolidation, 

other than the amounts paid to the General Services Administration for rent; (9) not to exceed $231,293,000 shall be for payments 

to the General Services Administration for rent; and (10) 

$283,991,000 shall be for other activities, including the Office of 

the Commissioner of Food and Drugs, the Office of Foods and Veterinary Medicine, the Office of Medical and Tobacco Products, the 
38

Office of Global and Regulatory Policy, the Office of Operations, the 

Office of the Chief Scientist, and central services for these offices: 

Provided further, That not to exceed $25,000 of this amount shall 

be for official reception and representation expenses, not otherwise 

provided for, as determined by the Commissioner: Provided further, That any transfer of funds pursuant to section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only 

be from amounts made available under this heading for other activities: Provided further, That of the amounts that are made available under this heading for ‘‘other activities’’, and that are not derived from user fees, $1,500,000 shall be transferred to and merged 

with the appropriation for ‘‘Department of Health and Human 

Services—Office of Inspector General’’ for oversight of the programs 

and operations of the Food and Drug Administration and shall be 

in addition to funds otherwise made available for oversight of the 

Food and Drug Administration: Provided further, That of the total 

amount made available under this heading, $3,000,000 shall be 

used by the Commissioner of Food and Drugs, in coordination with 

the Secretary of Agriculture, for consumer outreach and education 

regarding agricultural biotechnology and biotechnology-derived food 

products and animal feed, including through publication and distribution of science-based educational information on the environmental, nutritional, food safety, economic, and humanitarian impacts of such biotechnology, food products, and feed: Provided further, That funds may be transferred from one specified activity to 

another with the prior approval of the Committees on Appropriations of both Houses of Congress. 

In addition, mammography user fees authorized by 42 U.S.C. 

263b, export certification user fees authorized by 21 U.S.C. 381, 

priority review user fees authorized by 21 U.S.C. 360n and 360ff, 

food and feed recall fees, food reinspection fees, and voluntary 

qualified importer program fees authorized by 21 U.S.C. 379j–31, 

outsourcing facility fees authorized by 21 U.S.C. 379j–62, prescription drug wholesale distributor licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1), 

third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), and 

medical countermeasure priority review voucher user fees authorized by 21 U.S.C. 360bbb–4a, shall be credited to this account, to 

remain available until expended. 

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities of 

or used by the Food and Drug Administration, where not otherwise 

provided, $11,788,000, to remain available until expended. 

INDEPENDENT AGENCY 

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $68,600,000 (from assessments collected from farm 

credit institutions, including the Federal Agricultural Mortgage 
39

Corporation) shall be obligated during the current fiscal year for 

administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated 

with receiverships: Provided further, That the agency may exceed 

this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. 

TITLE VII 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture 

for the current fiscal year under this Act shall be available for the 

purchase, in addition to those specifically provided for, of not to exceed 52 passenger motor vehicles of which 52 shall be for replacement only, and for the hire of such vehicles: Provided, That notwithstanding this section, the only purchase of new passenger vehicles shall be for those determined by the Secretary to be necessary 

for transportation safety, to reduce operational costs, and for the 

protection of life, property, and public safety. 

SEC. 702. Notwithstanding any other provision of this Act, the 

Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available 

unobligated discretionary balances that are remaining available of 

the Department of Agriculture to the Working Capital Fund for the 

acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: 

Provided, That none of the funds made available by this Act or any 

other Act shall be transferred to the Working Capital Fund without 

the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund 

pursuant to this section shall be available for obligation without 

written notification to and the prior approval of the Committees on 

Appropriations of both Houses of Congress: Provided further, That 

none of the funds appropriated by this Act or made available to the 

Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 717 of this Act: Provided further, That 

of annual income amounts in the Working Capital Fund of the Department of Agriculture allocated for the National Finance Center, 

the Secretary may reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for 

the improvement and implementation of a financial management 

plan, information technology, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the 

National Finance Center: Provided further, That none of the 

amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Commit-
40

tees on Appropriations of both Houses of Congress: Provided further, That in addition to the funds appropriated or made available 

in this Act for the National Finance Center the Secretary shall 

make available $8,608,000 from unobligated balances of the Working Capital Fund and unobligated balances and reserves of the National Finance Center for travel, information technology, financial 

management systems, and related expenses incurred as a result of 

a February 2017 tornado: Provided further, That the limitations on 

the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the 

Secretary, is necessary to respond to a declared state of emergency 

that significantly impacts the operations of the National Finance 

Center; or to evacuate employees of the National Finance Center 

to a safe haven to continue operations of the National Finance Center.

SEC. 703. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 704. No funds appropriated by this Act may be used to pay 

negotiated indirect cost rates on cooperative agreements or similar 

arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the 

total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment 

of indirect costs on grants and contracts with such institutions 

when such indirect costs are computed on a similar basis for all 

agencies for which appropriations are provided in this Act. 

SEC. 705. Appropriations to the Department of Agriculture for 

the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse 

obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the 

Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. 

SEC. 706. None of the funds made available to the Department 

of Agriculture by this Act may be used to acquire new information 

technology systems or significant upgrades, as determined by the 

Office of the Chief Information Officer, without the approval of the 

Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That 

notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written 

notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That, notwithstanding section 11319 of title 40, United States Code, none of 

the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other 

agreements over $25,000 prior to receipt of written approval by the 

Chief Information Officer: Provided further, That the Chief Information Officer may authorize an agency to obligate funds without 

written approval from the Chief Information Officer for projects, 

contracts, or other agreements up to $250,000 based upon the per-
41

formance of an agency measured against the performance plan requirements described in the explanatory statement accompanying 

Public Law 113–235. 

SEC. 707. Funds made available under section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal 

year shall remain available until expended to disburse obligations 

made in the current fiscal year. 

SEC. 708. Notwithstanding any other provision of law, any 

former RUS borrower that has repaid or prepaid an insured, direct 

or guaranteed loan under the Rural Electrification Act of 1936, or 

any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower 

under such Act. 

SEC. 709. Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations 

made available for salaries and expenses in this Act for the Farm 

Service Agency shall remain available through September 30, 2018, 

for information technology expenses: Provided, That except as otherwise specifically provided by law, unobligated balances from appropriations made available for salaries and expenses in this Act 

for the Rural Development mission area shall remain available 

through September 30, 2018, for information technology expenses. 

SEC. 710. None of the funds appropriated or otherwise made 

available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 

301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.

SEC. 711. In the case of each program established or amended by 

the Agricultural Act of 2014 (Public Law 113–79), other than by 

title I or subtitle A of title III of such Act, or programs for which 

indefinite amounts were provided in that Act, that is authorized or 

required to be carried out using funds of the Commodity Credit 

Corporation—

(1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard 

to the limitation on the total amount of allotments and fund 

transfers contained in section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and 

(2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and 

fund transfers contained in such section. 

SEC. 712. Of the funds made available by this Act, not more than 

$2,000,000 shall be used to cover necessary expenses of activities 

related to all advisory committees, panels, commissions, and task 

forces of the Department of Agriculture, except for panels used to 

comply with negotiated rule makings and panels used to evaluate 

competitively awarded grants. 

SEC. 713. None of the funds in this Act shall be available to pay 

indirect costs charged against any agricultural research, education, 

or extension grant awards issued by the National Institute of Food 

and Agriculture that exceed 30 percent of total Federal funds pro-
42

vided under each award: Provided, That notwithstanding section 

1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act 

for grants awarded competitively by the National Institute of Food 

and Agriculture shall be available to pay full allowable indirect 

costs for each grant awarded under section 9 of the Small Business 

Act (15 U.S.C. 638). 

SEC. 714. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out the following: 

(1) The Watershed Rehabilitation program authorized by section 14(h)(1) of the Watershed Protection and Flood Prevention 

Act (16 U.S.C. 1012(h)(1)) in excess of $9,000,000; 

(2) The Environmental Quality Incentives Program as authorized by sections 1240-1240H of the Food Security Act of 

1985 (16 U.S.C. 3839aa–3839aa–8) in excess of $1,357,000,000: 

Provided, That this limitation shall apply only to funds provided by section 1241(a)(5)(D) of the Food Security Act of 1985 

(16 U.S.C. 3841(a)(5)(D)); 

(3) The Biomass Crop Assistance Program authorized by section 9011 of the Farm Security and Rural Investment Act of 

2002 (7 U.S.C. 8111) in excess of $3,000,000 in new 

obligational authority; 

(4) The Biorefinery, Renewable Chemical and Biobased Product Manufacturing Assistance program as authorized by section 9003 of the Farm Security and Rural Investment Act of 

2002 (7 U.S.C. 8103) in excess of $151,000,000 of the funding 

made available by subsection (g)(1)(A) of that section for all fiscal years; and 

(5) A program authorized by section 524(b) of the Federal 

Crop Insurance Act, as amended (7 U.S.C. 1524(b)) in excess 

of $7,000,000 for fiscal year 2017: Provided, That notwithstanding section 524(b)(4)(C)(i) and 524(b)(4)(C)(iii) this limitation shall not apply to funds provided by section 

524(b)(4)(C)(ii).

SEC. 715. Notwithstanding subsection (b) of section 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to as 

‘‘section 14222’’), none of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out a program under section 32 

of the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to as ‘‘section 32’’) in excess of $886,000,000 (exclusive of carryover appropriations from prior fiscal years), as follows: Child Nutrition Programs Entitlement Commodities—$465,000,000; State 

Option Contracts— $5,000,000; Removal of Defective Commodities—$2,500,000; Administration of Section 32 Commodity Purchases—$35,440,000: Provided, That of the total funds made available in the matter preceding this proviso that remain unobligated 

on October 1, 2017, such unobligated balances shall carryover into 

the next fiscal year and shall remain available until expended for 

any of the three stated purposes of section 32, except that any such 

carryover funds used in accordance with clause (3) of section 32 

may not exceed $75,000,000 and may not be obligated until the 

Secretary of Agriculture provides written notification of the ex-
43

penditures to the Committees on Appropriations of both Houses of 

Congress at least two weeks in advance: Provided further, That 

none of the funds made available in this Act or any other Act shall 

be used for salaries and expenses to carry out in this fiscal year 

sub-section (i)(1)(E) of section 19 of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1769a), except in an amount that excludes the transfer of $125,000,000 of the funds to be transferred 

under subsection (c) of section 14222, until October 1, 2017: Provided further, That $125,000,000 made available on October 1, 

2017, to carry out such section 19 shall be excluded from the limitation described in subsection (b)(2)(A)(x) of section 14222: Provided further, That, with the exception of any available carryover 

funds authorized in the first proviso of this section to be used for 

the purposes of clause (3) of section 32, none of the funds appropriated or otherwise made available by this or any other Act shall 

be used to pay the salaries or expenses of any employee of the Department of Agriculture or officer of the Commodity Credit Corporation to carry out clause (3) of section 32, or for any surplus removal activities or price support activities under section 5 of the 

Commodity Credit Corporation Charter Act (15 U.S.C. 714c): Provided further, That the available unobligated balances under 

(b)(2)(A)(ix) of section 14222 in excess of the limitation set forth in 

this section, excluding the carryover amounts authorized in the 

first proviso of this section for section 32 and the amounts to be 

transferred pursuant to the second proviso of this section, are hereby permanently rescinded. 

SEC. 716. None of the funds appropriated by this or any other 

Act shall be used to pay the salaries and expenses of personnel who 

prepare or submit appropriations language as part of the President’s budget submission to the Congress for programs under the 

jurisdiction of the Appropriations Subcommittees on Agriculture, 

Rural Development, Food and Drug Administration, and Related 

Agencies that assumes revenues or reflects a reduction from the 

previous year due to user fees proposals that have not been enacted 

into law prior to the submission of the budget unless such budget 

submission identifies which additional spending reductions should 

occur in the event the user fees proposals are not enacted prior to 

the date of the convening of a committee of conference for the fiscal 

year 2018 appropriations Act. 

SEC. 717. (a) None of the funds provided by this Act, or provided 

by previous appropriations Acts to the agencies funded by this Act 

that remain available for obligation or expenditure in the current 

fiscal year, or provided from any accounts in the Treasury derived 

by the collection of fees available to the agencies funded by this 

Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized 

by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of 

the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) 

or section 8 of Public Law 89–106 (7 U.S.C. 2263), that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 
44

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted;

(4) relocates an office or employees; 

(5) reorganizes offices, programs, or activities; or 

(6) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Secretary of Agriculture or the Secretary of Health and 

Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both 

Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. 

(b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that 

remain available for obligation or expenditure in the current fiscal 

year, or provided from any accounts in the Treasury derived by the 

collection of fees available to the agencies funded by this Act, shall 

be available for obligation or expenditure for activities, programs, 

or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 

10 percent, whichever is less, that— 

(1) augments existing programs, projects, or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent as 

approved by Congress; or 

(3) results from any general savings from a reduction in personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human 

Services (as the case may be) notifies in writing and receives 

approval from the Committees on Appropriations of both 

Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority.

(c) The Secretary of Agriculture or the Secretary of Health and 

Human Services shall notify in writing and receive approval from 

the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during 

the previous fiscal year unless the program or activity is funded by 

this Act or specifically funded by any other Act. 

(d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that 

remain available for obligation or expenditure in the current fiscal 

year, or provided from any accounts in the Treasury derived by the 

collection of fees available to the agencies funded by this Act, shall 

be available for— 

(1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the 

total cost, whichever is less; 

(2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with five or more personnel; or 
45

(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 nonFarm Credit Administration employee. 

SEC. 720. Unless otherwise authorized by existing law, none of 

the funds provided in this Act, may be used by an executive branch 

agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes 

a clear notification within the text or audio of the prepackaged 

news story that the prepackaged news story was prepared or funded by that executive branch agency. 

SEC. 721. No employee of the Department of Agriculture may be 

detailed or assigned from an agency or office funded by this Act or 

any other Act to any other agency or office of the Department for 

more than 60 days in a fiscal year unless the individual’s employing agency or office is fully reimbursed by the receiving agency or 

office for the salary and expenses of the employee for the period of 

assignment.

SEC. 722. In addition to amounts otherwise made available by 

this Act and notwithstanding the last sentence of 16 U.S.C. 1310, 

there is appropriated $4,000,000, to remain available until expended, to implement non-renewable agreements on eligible lands, 

including flooded agricultural lands, as determined by the Secretary, under the Water Bank Act (16 U.S.C. 1301–1311). 

SEC. 723. Not later than 30 days after the date of enactment of 

this Act, the Secretary of Agriculture, the Commissioner of the 

Food and Drug Administration, and the Chairman of the Farm 

Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by 

program, project, and activity for all the funds made available 

under this Act including appropriated user fees, as defined in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). 
46

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. 
47

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 
48

deemed to have not been received by the Secretary, and the exemption may not go into effect. 

SEC. 737. None of the funds made available by this or any other 

Act may be used to carry out the final rule promulgated by the 

Food and Drug Administration and put into effect November 16, 

2015, in regards to the hazard analysis and risk-based preventive 

control requirements of the current good manufacturing practice, 

hazard analysis, and risk-based preventive controls for food for animals rule with respect to the regulation of the production, distribution, sale, or receipt of dried spent grain byproducts of the alcoholic 

beverage production process. 

SEC. 738. (a) The Secretary of Agriculture shall— 

(1) conduct audits in a manner that evaluates the following 

factors in the country or region being audited, as applicable— 

(A) veterinary control and oversight; 

(B) disease history and vaccination practices; 

(C) livestock demographics and traceability; 

(D) epidemiological separation from potential sources of 

infection;

(E) surveillance practices; 

(F) diagnostic laboratory capabilities; and 

(G) emergency preparedness and response; and 

(2) promptly make publicly available the final reports of any 

audits or reviews conducted pursuant to subsection (1). 

(b) This section shall be applied in a manner consistent with 

United States obligations under its international trade agreements. 

SEC. 739. None of the funds made available by this Act may be 

used to carry out any activities or incur any expense related to the 

issuance of licenses under section 3 of the Animal Welfare Act (7 

U.S.C. 2133), or the renewal of such licenses, to class B dealers 

who sell dogs and cats for use in research, experiments, teaching, 

or testing. 

SEC. 740. No partially hydrogenated oils as defined in the order 

published by the Food and Drug Administration in the Federal 

Register on June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be 

deemed unsafe within the meaning of section 409(a) of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)) and no food that 

is introduced or delivered for introduction into interstate commerce 

that bears or contains a partially hydrogenated oil shall be deemed 

adulterated under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act by 

virtue of bearing or containing a partially hydrogenated oil until 

the compliance date as specified in such order (June 18, 2018). 

SEC. 741. The Secretary may charge a fee for lenders to access 

Department loan guarantee systems in connection with such lenders’ participation in loan guarantee programs of the Rural Housing 

Service: Provided, That the funds collected from such fees shall be 

made available to the Secretary without further appropriation and 

such funds shall be deposited into the Rural Development Salaries 

and Expense Account and shall remain available until expended for 

obligation and expenditure by the Secretary for administrative expenses of the Rural Housing Service Loan Guarantee Program in 

addition to other available funds: Provided further, That such fees 

collected shall not exceed $50 per loan. 
49

SEC. 742. (a) None of the funds made available in this Act may 

be used to maintain or establish a computer network unless such 

network blocks the viewing, downloading, and exchanging of pornography.

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 

SEC. 743. In addition to amounts otherwise made available by 

this Act under the heading ‘‘Animal and Plant Health Inspection 

Service—Buildings and Facilities’’, there is appropriated 

$47,000,000, to remain available until expended, for fruit fly 

rearing facilities. 

SEC. 744. Beginning on the date of enactment of this Act, in fiscal year 2017 and each fiscal year hereafter, notwithstanding any 

other provision of law, a household certified to participate in the 

Supplemental Nutrition Assistance Program is required to report 

in a manner prescribed by the Secretary if the household no longer 

resides in the State in which it is certified. 

SEC. 745. Of the unobligated balances from amounts made available for the special supplemental nutrition program as authorized 

by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

$850,000,000 are rescinded. 

SEC. 746. (a)(1) No Federal funds made available for this fiscal 

year for the rural water, waste water, waste disposal, and solid 

waste management programs authorized by sections 306, 306A, 

306C, 306D, 306E, and 310B of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1926 et seq.) shall be used for a project 

for the construction, alteration, maintenance, or repair of a public 

water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. 

(2) In this section, the term ‘‘iron and steel products’’ means the 

following products made primarily of iron or steel: lined or unlined 

pipes and fittings, manhole covers and other municipal castings, 

hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. 

(b) Subsection (a) shall not apply in any case or category of cases 

in which the Secretary of Agriculture (in this section referred to as 

the ‘‘Secretary’’) or the designee of the Secretary finds that— 

(1) applying subsection (a) would be inconsistent with the 

public interest; 

(2) iron and steel products are not produced in the United 

States in sufficient and reasonably available quantities or of a 

satisfactory quality; or 

(3) inclusion of iron and steel products produced in the 

United States will increase the cost of the overall project by 

more than 25 percent. 

(c) If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make 

available to the public on an informal basis a copy of the request 

and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on 

the request for at least 15 days prior to making a finding based on 

the request. The Secretary or the designee shall make the request 
50

and accompanying information available by electronic means, including on the official public Internet Web site of the Department. 

(d) This section shall be applied in a manner consistent with 

United States obligations under international agreements. 

(e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for ‘‘Rural Utilities Service—Rural Water 

and Waste Disposal Program Account’’ for carrying out the provisions described in subsection (a)(1) for management and oversight 

of the requirements of this section. 

(f) Subsection (a) shall not apply with respect to a project for 

which the engineering plans and specifications include use of iron 

and steel products otherwise prohibited by such subsection if the 

plans and specifications have received required approvals from 

State agencies prior to the date of enactment of this Act. 

(g) For purposes of this section, the terms ‘‘United States’’ and 

‘‘State’’ shall include each of the several States, the District of Columbia, and each federally recognized Indian tribe. 

SEC. 747. (a) For the period beginning on the date of enactment 

of this Act through school year 2017–2018, with respect to the 

school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school 

breakfast program established under the Child Nutrition Act of 

1966 (42 U.S.C. 1771 et seq.) and final regulations published by the 

Department of Agriculture in the Federal Register on January 26, 

2012 (77 Fed. Reg. 4088 et seq.), the Secretary of Agriculture shall 

allow States to grant an exemption from the whole grain requirements that took effect on or after July 1, 2014, and the States shall 

establish a process for evaluating and responding, in a reasonable 

amount of time, to requests for an exemption: Provided, That 

school food authorities demonstrate hardship, including financial 

hardship, in procuring specific whole grain products which are acceptable to the students and compliant with the whole grain-rich 

requirements: Provided further, That school food authorities shall 

comply with the applicable grain component or standard with respect to the school lunch or school breakfast program that was in 

effect prior to July 1, 2014. 

(b) For the period beginning on the date of enactment of this Act 

through school year 2017–2018, none of the funds appropriated or 

otherwise made available by this or any other Act shall be used to 

pay the salaries and expenses of personnel to implement any regulations under the Richard B. Russell National School Lunch Act (42 

U.S.C. 1751 et seq.), the Child Nutrition Act of 1966 (42 U.S.C. 

1771 et seq.), the Healthy, Hunger-Free Kids Act of 2010 (Public 

Law 111–296), or any other law that would require a reduction in 

the quantity of sodium contained in federally reimbursed meals, 

foods, and snacks sold in schools below Target 1 (as described in 

section 220.8(f)(3) of title 7, Code of Federal Regulations (or successor regulations)). 

(c) For the period beginning on the date of enactment of this Act 

through school year 2017-2018, notwithstanding any other provision of law, the Secretary shall allow States to grant special exemptions for the service of flavored, low-fat fluid milk in the school 

lunch program established under the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast 
51

program established under the Child Nutrition Act of 1966 (42 

U.S.C. 1771 et seq.), and as a competitive food available on campus 

during the school day, to schools which demonstrate a reduction in 

student milk consumption or an increase in school milk waste. 

SEC. 748. In addition to amounts otherwise made available under 

this Act to carry out section 27(a)(1) of the Food and Nutrition Act 

of 2008 (7 U.S.C. 2036(a)(1)) for fiscal year 2017, there is appropriated $19,000,000 to carry out such section. 

SEC. 749. (a) Subject to subsection (b), the Secretary of Agriculture may conduct a pilot program in accordance with this section that authorizes not more than $600,000,000 in funds from 

rural electrification loans made by the Federal Financing Bank 

that are guaranteed under section 306 of the Rural Electrification 

Act of 1936 to be used for refinancing debt pursuant to section 

306C of such Act (including any associated prepayment penalties 

and prepayment or refinance premium), notwithstanding subsections (b) and (c)(4) of section 306C of such Act. 

(b) The Secretary of Agriculture may not provide an authorization under subsection (a) to a borrower unless the Secretary determines that the refinancing involved will benefit the ratepayers of 

the borrower. 

(c) The Federal Financing Bank shall make a new loan to each 

borrower refinancing a loan pursuant to this section and section 

306 of the Rural Electrification Act of 1936, for the purpose of providing funds for the refinancing, which loan shall be obligated from 

amounts made available for rural electrification loans, and the Secretary of Agriculture shall guarantee the new loan pursuant to section 306 of the Rural Electrification Act of 1936. 

(d) For the cost of refinancing a loan pursuant to this section for 

any borrower identified by the Federal Financing Bank as having 

opted since origination of the loan to pay an interest rate premium 

for the eligibility to prepay at par, including a borrower paying an 

interest rate premium in the near-term for the right to prepay at 

par starting in 2020, $13,800,000, to remain available until expended: Provided, That these funds shall also be available for refinancing a loan pursuant to any extension or expansion of this pilot 

program that is enacted subsequent to this Act for those same borrowers.

(e) The authority for the pilot program provided by this section 

shall remain in effect through September 30, 2019. 

SEC. 750. Of the total amounts made available by this Act for direct loans and grants in the following headings: ‘‘Rural Housing 

Service—Rural Housing Insurance Fund Program Account’’; ‘‘Rural 

Housing Service—Mutual and Self-Help Housing Grants’’; ‘‘Rural 

Housing Service—Rural Housing Assistance Grants’’; ‘‘Rural Housing Service—Rural Community Facilities Program Account’’; ‘‘Rural 

Business-Cooperative Service—Rural Business Program Account’’; 

‘‘Rural Business-Cooperative Service—Rural Economic Development Loans Program Account’’; ‘‘Rural Business- Cooperative Service—Rural Cooperative Development Grants’’; ‘‘Rural Utilities Service—Rural Water and Waste Disposal Program Account’’; ‘‘Rural 

Utilities Service—Rural Electrification and Telecommunications 

Loans Program Account’’; and ‘‘Rural Utilities Service—Distance 

Learning, Telemedicine, and Broadband Program’’, to the max-
52

imum extent feasible, at least 10 percent of the new unobligated 

balances remaining upon enactment shall be allocated for assistance in persistent poverty counties under this section: Provided, That for purposes of this section, the term ‘‘persistent poverty counties’’ means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 

1980, 1990, and 2000 decennial censuses, and 2007–2011 American 

Community Survey 5-year average: Provided further, That with respect to specific activities for which program levels have been made 

available by this Act that are not supported by budget authority, 

the requirements of this section shall be applied to such program 

level.

SEC. 751. For the purposes of determining eligibility or level of 

program assistance for Rural Development mission area programs 

the Secretary shall not include incarcerated prison populations. 

SEC. 752. For an additional amount for ‘‘Food and Drug Administration—Salaries and Expenses’’ to prevent, prepare for, and respond to emerging health threats, including the Ebola and Zika viruses, domestically and internationally and to develop necessary 

medical countermeasures and vaccines, including the review, regulation, and post market surveillance of vaccines and therapies, and 

for related administrative activities, $10,000,000, to remain available until expended. 

SEC. 753. There is hereby appropriated for the ‘‘Emergency Con- servation 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 
53

designated by the Congress as an emergency or disaster relief requirement pursuant to a concurrent resolution on the budget or the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 759. The unobligated balances resulting from offsetting collections identified by Treasury Appropriation Fund Symbols 

12X1951, 12X2002, 12X2006, 12X1902, 12X1900, 12X1232, and 

12X1980, respectively, are hereby rescinded: Provided, that no 

amounts may be rescinded from amounts that were designated by 

the Congress as an emergency or disaster relief requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 760. There is hereby appropriated $5,000,000, to remain 

available until September 30, 2018, for a pilot program for the National Institute of Food and Agriculture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans. 

SEC. 761. During fiscal year 2017, the Food and Drug Administration (FDA) shall not allow the introduction or delivery for introduction into interstate commerce of any food that contains genetically engineered salmon until FDA publishes final labeling guidelines for informing consumers of such content. 

SEC. 762. None of the funds made available in this Act may be 

used to pay the salary or expenses of personnel— 

(1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603); 

(2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 

note; Public Law 104–127); or 

(3) to implement or enforce section 352.19 of title 9, Code of 

Federal Regulations (or a successor regulation). 

SEC. 763. The Secretary shall set aside for Rural Economic Area 

Partnership (REAP) Zones, until August 15, 2017, an amount of 

funds made available in title III under the headings of Rural Housing Insurance Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community 

Facilities Program Account, Rural Business Program Account, 

Rural Development Loan Fund Program Account, and Rural Water 

and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such 

headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones. 

SEC. 764. There is hereby appropriated $600,000 for the purposes 

of section 727 of division A of Public Law 112–55. 

SEC. 765. None of the funds made available by this Act may be 

used to implement, administer, or enforce the ‘‘variety’’ requirements of the final rule entitled ‘‘Enhancing Retailer Standards in 

the Supplemental Nutrition Assistance Program (SNAP)’’ published 

by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of Agriculture amends the definition of the term ‘‘variety’’ as de fined in 

section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and 

‘‘variety’’ as applied in the definition of the term ‘‘staple food’’ as 

defined in section 271.2 of title 7, Code of Federal Regulations, to 

increase the number of items that qualify as acceptable varieties 
54

in each staple food category so that the total number of such items 

in each staple food category exceeds the number of such items in 

each staple food category included in the final rule as published on 

December 15, 2016: Provided, That until the Secretary promulgates 

such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to 

Supplemental Nutrition Assistance Program retailers that were in 

effect on the day before the date of the enactment of the Agricultural Act of 2014 (Public Law 113–79). 

SEC. 766. None of the funds made available by this Act may be 

used by the Food and Drug Administration to develop, issue, promote, or advance any regulations applicable to food manufacturers 

for population-wide sodium reduction actions or to develop, issue, 

promote or advance final guidance applicable to food manufacturers 

for long term population-wide sodium reduction actions until the 

date on which a dietary reference intake report with respect to sodium is completed. 

SEC. 767. There is hereby appropriated $1,000,000, to remain 

available until September 30, 2018, for the cost of loans and grants 

that is consistent with section 4206 of the Agricultural Act of 2014, 

for necessary expenses of the Secretary to support projects that 

provide access to healthy food in underserved areas, to create and 

preserve quality jobs, and to revitalize low-income communities. 

SEC. 768. In addition to funds appropriated in this Act, there is 

hereby appropriated $500,000, to remain available until September 

30, 2018, under the heading ‘‘Rural Development, Salaries and Expenses’’, for development of an implementation plan for increasing 

access to education in the fields of science, technology, engineering, 

and mathematics in rural communities through the Distance 

Learning and Telemedicine program. 

SEC. 769. There is hereby appropriated $8,000,000, to remain 

available until September 30, 2018, to carry out section 6407 of the 

Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a). 

SEC. 770. (a) Of the unobligated balances from amounts made 

available in fiscal year 2016 for the Comprehensive Loan Accounting System under the heading ‘‘Rural Development, Salaries and 

Expenses’’, $8,900,000 are hereby rescinded. 

(b) For an additional amount for ‘‘Rural Development, Salaries 

and Expenses’’, $8,900,000, to remain available until September 30, 

2018, is provided for Information Technology modernization activities.

SEC. 771. The Secretary shall modify the pilot program initiated 

March 1, 2017, designed to preserve affordable rental housing 

through non-profit transfer or acquisition of Section 515 properties 

with expiring mortgages. The program will study effective means 

to transfer Section 515 properties exiting the program due to mortgage maturity to qualified nonprofit organizations to preserve the 

properties in the Rural Housing Service multi-family program. The 

Secretary shall— 

(1) Conduct limited research under the authority found at 

section 506(b) of the Housing Act of 1949, as amended (41 

U.S.C. §1476(b)); 
55

(2) Track the results and identify ways or incentives to create additional opportunities for nonprofits to participate in the 

preservation of properties; 

(3) Work collaboratively with third-parties to address concerns identified on the Department issued guidance issued 

September 16, 2016 titled, ‘‘March 1, 2017, Pilot Program to 

Promote Non-Profit Participation in Transactions to Retain the 

Section 515 Portfolio’’ to maximize research benefits and potential application; and 

(4) Conduct research for two years after the date of the enactment of this Act and report the findings to the Committees 

on Appropriations of both Houses of Congress: 

Provided, That there is hereby appropriated $1,000,000, to remain 

available until September 30, 2018, to provide grants to qualified 

non-profit organizations and public housing authorities to provide 

technical assistance, including financial and legal services, to RHS 

multi-family housing borrowers to facilitate the acquisition of RHS 

multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing. 

SEC. 772. (a) The Secretary of Agriculture (referred to in this section as the ‘‘Secretary’’) shall carry out a pilot program during fiscal year 2017 with respect to the 2016 crop year for county-level 

agriculture risk coverage payments under section 1117(b)(1) of the 

Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), that provides all or 

some of the State Farm Service Agency offices in each State the opportunity to provide agricultural producers in the State a supplemental payment described in subsection (c) based on the alternate 

calculation method described in subsection (b) for 1 or more counties in a State if the office for that State determines that the alternate calculation method is necessary to ensure that, to the maximum extent practicable, there are not significant yield calculation 

disparities between comparable counties in the State. 

(b) The alternate calculation method referred to in subsection (a) 

is a method of calculating the actual yield for the 2016 crop year 

for county-level agriculture risk coverage payments under section 

1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), 

under which— 

(1) county data of the National Agricultural Statistics Service (referred to in this section as ‘‘NASS data’’) is used for the 

calculations;

(2) if there is insufficient NASS data for a county (as determined under standards of the Secretary in effect as of the date 

of enactment of this Act) or the available NASS data produces 

a substantially disparate result, the calculation of the county 

yield is determined using comparable contiguous county NASS 

data as determined by the Farm Service Agency office in the 

applicable State; and 

(3) if there is insufficient NASS data for a comparable contiguous county (as determined under standards of the Secretary 

in effect as of the date of enactment of this Act), the calculation of the county yield is determined using reliable yield data 

from other sources, such as Risk Management Agency data, 

National Agricultural Statistics Service district data, National 

Agricultural Statistics Service State yield data, or other data 
56

as determined by the Farm Service Agency office in the applicable State. 

(c)(1) A supplemental payment made under the pilot program established under this section may be made to an agricultural producer who is subject to the alternate calculation method described 

in subsection (b) if that agricultural producer would otherwise receive a county-level agriculture risk coverage payment for the 2016 

crop year in an amount that is less than the payment that the agricultural producer would receive under the alternate calculation 

method.

(2) The amount of a supplemental payment to an agricultural 

producer under this section may not exceed the difference between—

(A) the payment that the agricultural producer would have 

received without the alternate calculation method described in 

subsection (b); and 

(B) the payment that the agricultural producer would receive 

using the alternate calculation method. 

(d)(1) There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $5,000,000, to remain available until September 30, 2018, to carry out the pilot program described in this section. 

(2) Of the funds appropriated, the Secretary shall use not more than $5,000,000 to carry out the pilot program described in this 

section.

(e)(1) To the maximum extent practicable, the Secretary shall select States to participate in the pilot program under this section so 

the cost of the pilot program equals the amount provided under 

subsection (d). 

(2) To the extent that the cost of the pilot program exceeds the 

amount made available, the Secretary shall reduce all payments 

under the pilot program on a pro rata basis. 

(f) Nothing in this section affects the calculation of actual yield 

for purposes of county-level agriculture risk coverage payments 

under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 

9017(b)(1)) other than payments made in accordance with the pilot 

program under this section. 

(g) A calculation of actual yield made using the alternate calculation method described in subsection (b) shall not be used as a basis 

for any agriculture risk coverage payment determinations under 

section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) other 

than for purposes of the pilot program under this section. 

SEC. 773. None of the funds made available by this Act or any 

other Act may be used— 

(1) in contravention of section 7606 of the Agricultural Act 

of 2014 (7 U.S.C. 5940); or 

(2) to prohibit the transportation, processing, sale, or use of 

industrial hemp that is grown or cultivated in accordance with 

section 7606 of the Agricultural Act of 2014, within or outside 

the State in which the industrial hemp is grown or cultivated. 

SEC. 774. Notwithstanding any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 301 et seq.), the acceptable market name of Lithodes 

aequispinus is ‘‘golden king crab.’’ 
57

This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017’’. 

(59)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H3327, Book II.

[CLERK’S NOTE: Reproduced below is the material relating to division A contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, 

FOOD AND DRUG ADMINISTRATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2017 

CONGRESSIONAL DIRECTIVES 

The explanatory statement is silent on provisions that were in 

both the House Report (H. Rpt. 114–531) and Senate Report (S. 

Rpt. 114–259) that remain unchanged by this agreement, except as 

noted in this explanatory statement. 

The agreement restates that executive branch wishes cannot substitute for Congress’s own statements as to the best evidence of 

congressional intentions, which are the official reports of the Congress. The agreement further points out that funds in this Act 

must be used for the purposes for which appropriated, as required 

by section 1301 of title 31 of the United States Code, which provides: ‘‘Appropriations shall be applied only to the objects for which 

the appropriations were made except as otherwise provided by 

law.’’

The House and Senate report language that is not changed by 

the explanatory statement is approved and indicates congressional 

intentions. The explanatory statement, while repeating some report 

language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. 

In cases in which the House or the Senate have directed the submission of a report, such report is to be submitted to both the 

House and Senate Committees on Appropriations no later than 60 

days after enactment of this Act, unless otherwise directed. 

Hereafter, in division A of this statement, the term ‘the Committees’ refers to the Committees on Appropriations of the House of 

Representatives and the Senate. 

For the appropriations provided by this Act and previous Acts, 

the departments and agencies funded by this agreement are reminded that the Committees use the definitions for transfer, reprogramming, and program, project, and activity as defined by the 

Government Accountability Office (GAO) in GAO–04–261SP Appropriations Law—Vol. I and GAO–05–734SP Budget Glossary. 

A transfer is the shifting of funds between appropriations. It applies to (1) transfers from one agency to another, (2) transfers from 

one account to another within the same agency, and (3) transfers 
60

to an interagency or intra-agency working fund. In each instance, 

statutory authority is required. 

Reprogramming is the utilization of funds in an appropriation account for purposes other than those contemplated at the time of appropriation. It is the shifting of funds from one object to another 

within an appropriation. 

A program, project, or activity (PPA) is an element within a 

budget account. PPAs are identified by reference to include the 

most specific level of budget items identified in the Agriculture, 

Rural Development, Food and Drug Administration, and Related 

Agencies Act, 2017, accompanying Committee reports, explanatory 

statements, the Statement of Managers, and budget justifications. 

Program activity structures are intended to provide a meaningful 

representation of the operations financed by a specific budget account by project, activity, or organization. 

For fiscal year 2017, the Committees continue to include bill language requiring advanced notification of certain agency actions. 

Notification will be required at least 15 days in advance of any action if (1) a major capital investment is modified; (2) an office is 

realigned or reorganized; and (3) activities are carried out that 

were not described in the budget request. 

The agreement directs the Office of Budget and Program Analysis (OBPA) of the U.S. Department of Agriculture (USDA) to provide an organizational chart for each agency funded by this Act to 

the division and subdivision level, as appropriate, by June 1, 2017. 

The agreement also directs the Food and Drug Administration 

(FDA) and the Farm Credit Administration (FCA) to provide an organizational chart of each agency respectively to the division and 

subdivision level, as appropriate, by June 1, 2017. 

Further, USDA and FDA should be mindful of Congressional authority to determine and set final funding levels for fiscal year 

2018. Therefore, the agencies should not presuppose program funding outcomes and prematurely initiate action to redirect staffing 

prior to knowing final outcomes on fiscal year 2018 program funding. The agreement directs OBPA to provide the Committees with 

the number of staff years and employees on board for each agency 

funded by this Act on a quarterly basis. The agreement includes the authority to spend $8,608,000 to address expenses incurred at the National Finance Center resulting 

from the February 2017 tornado to ensure continuity of vital services at the existing location. 

The agreement directs NIFA to study the recent infestation of 

oak mites and focus on suppression and eradication possibilities. 

The U.S. cotton industry has experienced three years of market 

returns well below the cost of production without a viable safety 

net for producers under the current Farm Bill. Market projections 

for 2017 and subsequent years indicate an acute need for immediate relief and long-term program security. Within 60 days of the 

enactment of this Act, the Secretary is directed to issue a report 

detailing administrative options for financial relief and recommended legislative actions to provide the cotton industry with a 

viable safety net. 

The Margin Protection Program for Dairy Producers, which was 

included in the Agricultural Act of 2014, was intended to provide 
61

a safety net for dairy producers in times of low margins. However, 

that program has not worked as anticipated, and dairy farmers 

have been hit with milk prices that have plummeted since 2014, as 

well as new challenges with our export markets. This has resulted 

in sharply reduced incomes and a significant number of dairy operations going out of business, and many more dairy producers who 

are struggling to keep their operations financially sound. Prompt 

congressional action is needed to fix the program so that it provides 

the support that was intended. The Secretary is encouraged to use 

all available methods and authorities, including the use of the 

Commodity Credit Corporation Charter Act, to provide immediate 

assistance to these producers until such time as a revised safety 

net program can be provided. 

TITLE I—AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $44,555,000 for the Office of the Secretary.

The agreement recognizes the Department has statutory authorities and programs designed to help break the multi-generational 

trap of poverty in rural counties and supports USDA’s utilization 

of existing programs and funding within RD and FNS in order to 

assist families, create jobs, and develop a path towards self-sufficiency. Other existing resources such as the extension service and 

public universities can be used for coordination and outreach activities. The Committees have not received the detailed plan required 

to be submitted by the Secretary detailing all funding resources 

and bundled services to combat rural poverty. 

The following table reflects the agreement: 

OFFICE OF THE SECRETARY 

(Dollars in Thousands) 

Office of the Secretary ................................................................................................................................... $5,051 

Office of Tribal Relations ............................................................................................................................... 502 

Office of Homeland Security and Emergency Coordination ........................................................................... 1,496 

Office of Advocacy and Outreach .................................................................................................................. 1,209 

Office of Assistant Secretary for Administration ........................................................................................... 804 

Departmental Administration ......................................................................................................................... 24,124 

Office of Assistant Secretary for Congressional Relations ............................................................................ 3,869 

Office of Communications .............................................................................................................................. 7,500 

Total, Office of the Secretary ................................................................................................................ $44,555 

EXECUTIVE OPERATIONS

OFFICE OF THE CHIEF ECONOMIST

The agreement provides $18,917,000 for the Office of the Chief 

Economist.

The agreement provides a one-time increase of $2,000,000, available until the end of fiscal year 2018, to assist the OCE in acquir-
62

ing economic data, policy research support, analytics, and related 

activities for the upcoming Farm Bill. 

OFFICE OF HEARINGS AND APPEALS

The agreement provides $13,399,000 for the Office of Hearings 

and Appeals. 

OFFICE OF BUDGET AND PROGRAM ANALYSIS

The agreement provides $9,525,000 for the Office of Budget and 

Program Analysis. 

OFFICE OF THE CHIEF INFORMATION OFFICER

The agreement provides $49,538,000 for the Office of the Chief 

Information Officer. This amount includes $33,000,000 to support 

cybersecurity activities. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

The agreement provides $8,028,000 for the Office of the Chief Financial Officer. 

The agreement supports the work of the CFO to bring the Department into compliance with the Digital Accountability and 

Transparency Act (DATA) and includes an increase of $2,000,000 

for implementation of the DATA. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

The agreement provides $901,000 for the Office of the Assistant 

Secretary for Civil Rights. 

OFFICE OF CIVIL RIGHTS

The agreement provides $24,206,000 for the Office of Civil 

Rights.

AGRICULTURE BUILDINGS AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $84,189,000 for Agriculture Buildings 

and Facilities. 

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $3,633,000 for Hazardous Materials 

Management.

OFFICE OF INSPECTOR GENERAL

The agreement provides $98,208,000 for the Office of Inspector 

General, an increase of $1,370,000 for GSA rent costs and space 

modification and $1,100,000 for oversight of the Department’s IT 

investments.
63

OFFICE OF THE GENERAL COUNSEL

The agreement provides $44,697,000 for the Office of the General 

Counsel.

OFFICE OF ETHICS

The agreement provides $4,136,000 for the Office of Ethics. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION, AND

ECONOMICS

The agreement provides $893,000 for the Office of the Under Secretary for Research, Education, and Economics. 

ECONOMIC RESEARCH SERVICE

The agreement provides $86,757,000 for the Economic Research 

Service, including increases for cooperative agreements on groundwater modeling, drought resilience and pay costs as requested in 

the budget. 

NATIONAL AGRICULTURAL STATISTICS SERVICE

The agreement provides $171,239,000 for the National Agricultural Statistics Service (NASS), including up to $42,177,000 for the 

Census of Agriculture. 

The agreement includes an increase of $1,600,000 for NASS to 

expand its current feed cost component surveys nationally. 

The agreement recognizes the importance of the pecan survey 

and is pleased that NASS has conducted the survey as requested. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

The agreement provides $1,170,235,000 for the Agricultural Research Service (ARS), Salaries and Expenses. 

The agreement does not accept the President’s budget request regarding the termination of research programs, redirections of research programs, or closure of research locations. The agreement 

expects extramural research to be funded at no less than the fiscal 

year 2016 levels. The agreement provides funding increases for cotton ginning, cover crops, small grains genomics, long-term 

agroecosystem research, the National Bio and Agro-Defense Facility, the Office of Pest Management Policy, germplasm enhancement 

of maize, sustainable water use, wheat and sorghum, poultry, the 

U.S. Wheat and Barley Scab Initiative, safe and abundant water 

supply, intelligent spray technologies, sage steppe restoration, and 

a sorghum genetic database. 

ARS is directed to provide a plan within 90 days of enactment 

of this Act for conducting a study on the levels of sodium consumption in school-aged children. The plan shall include the methodology and timeframes necessary to conduct such a study, focusing 

on whether the consumption levels are within or outside the usual 

range of consumption, both domestically and worldwide. 
64

BUILDINGS AND FACILITIES

For ARS Buildings and Facilities, the agreement provides an appropriation of $99,600,000 for priorities identified in the USDA 

ARS Capital Investment Strategy, April 2012, including not less 

than $5,100,000 for planning and design purposes for the next 

highest priorities identified in the USDA Capital Investment Strategy.

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

The agreement provides $849,518,000 for the National Institute 

of Food and Agriculture’s research and education activities. 

The agreement provides an increase of $25,000,000 for the Agriculture and Food Research Initiative and directs that funding 

should be available to all priority areas, including conventional 

plant and animal breeding. 

The agreement continues to direct that not less than 15 percent 

of the competitive research grant funds be used for USDA’s agricultural research enhancement awards program, including USDA– 

EPSCoR.

The following table reflects the amounts provided by the agreement:

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION ACTIVITIES 

(Dollars in Thousands) 

Hatch Act ............................................................................................ 7 U.S.C. 361a–i ........................... $243,701 

McIntire-Stennis Cooperative Forestry Act .......................................... 16 U.S.C. 582a through a–7 ....... 33,961 

Research at 1890 Institutions (Evans-Allen Program) ...................... 7 U.S.C. 3222 .............................. 54,185 

Payments to the 1994 Institutions ..................................................... 7 U.S.C. 301 note ........................ 3,439

Education Grants for 1890 Institutions ............................................. 7 U.S.C. 3152(b) .......................... 19,336

Education Grants for Hispanic-Serving Institutions .......................... 7 U.S.C. 3241 .............................. 9,219 

Education Grants for Alaska Native and Native Hawaiian-Serving 

Institutions.

7 U.S.C. 3156 .............................. 3,194 

Research Grants for 1994 Institutions ............................................... 7 U.S.C. 301 note ........................ 1,801

Capacity Building for Non Land-Grant Colleges of Agriculture ......... 7 U.S.C. 3319i ............................. 5,000 

Grants for Insular Areas ..................................................................... 7 U.S.C. 3222b–2, 3362 and 

3363.

2,000

Agriculture and Food Research Initiative ........................................... 7 U.S.C. 450i(b) ........................... 375,000

Veterinary Medicine Loan Repayment ................................................. 7 U.S.C. 3151a ............................ 6,500

Veterinary Services Grant Program ..................................................... 7 U.S.C. 3151b ............................ 2,500 

Continuing Animal Health and Disease Research Program .............. 7 U.S.C. 3195 .............................. 4,000 

Supplemental and Alternative Crops .................................................. 7 U.S.C. 3319d ............................ 825

Multicultural Scholars, Graduate Fellowship and Institution Challenge Grants.7 U.S.C. 3152(b) .......................... 9,000 

Secondary and 2 year Post-Secondary Education .............................. 7 U.S.C. 3152(j) ........................... 900 

Aquaculture Centers ........................................................................... 7 U.S.C. 3322 .............................. 4,000 

Sustainable Agriculture Research and Education .............................. 7 U.S.C. 5811, 5812, 5831, and 

5832.

27,000

Farm Business Management .............................................................. 7 U.S.C. 5925f ............................. 1,450 

Sun Grant Program ............................................................................. 7 U.S.C. 8114 .............................. 3,000 

Alfalfa and Forage Research Program ............................................... 7 U.S.C. 5925 .............................. 2,250

Minor Crop Pest Management (IR–4) ................................................. 7 U.S.C. 450i(c) ........................... 11,913

Special Research Grants: ................................................................... 7 U.S.C. 450i(c).

Global Change/UV Monitoring .................................................... ...................................................... 1,405 

Potato Research ......................................................................... ...................................................... 2,250 

Aquaculture Research ................................................................ ...................................................... 1,350 

Total, Special Research Grants ........................................ ...................................................... 5,005

Necessary Expenses of Research and Education Activities: 
65

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION ACTIVITIES— 

Continued

(Dollars in Thousands) 

Grants Management System ...................................................... ...................................................... 7,830 

Federal Administration—Other Necessary Expenses for Research and Education Activities....................................................... 6,549 

GSA Rent and DHS Security Expenses ...................................... ...................................................... 5,960

Total, Necessary Expenses ................................................ ...................................................... 20,339

Total, Research and Education Activities ........................ ...................................................... $849,518 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

The agreement provides $11,880,000 for the Native American Institutions Endowment Fund. 

EXTENSION ACTIVITIES

The agreement provides $477,391,000 for the National Institute 

of Food and Agriculture’s extension activities. 

The agreement provides $3,000,000 for the Rural Health and 

Safety Education Program to address the opioid abuse epidemic 

and to combat opioid abuse in rural communities. 

The agreement directs the National Institute for Food and Agriculture to consult with the Farm Service Agency in developing the 

terms of the Notice of Funds Availability that will be used to implement the pilot program established by Section 760. 

The following table reflects the amounts provided by the agreement:

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES 

(Dollars in Thousands) 

Smith-Lever, Section 3(b) and (c) programs and Cooperative Extension.7 U.S.C. 343(b) and (c) and 

208(c) of P.L. 93–471.

$300,000

Extension Services at 1890 Institutions ............................................. 7 U.S.C. 3221 .............................. 45,620

Extension Services at 1994 Institutions ............................................. 7 U.S.C. 343(b)(3) ....................... 4,446

Facility Improvements at 1890 Institutions ....................................... 7 U.S.C. 3222b ............................ 19,730

Renewable Resources Extension Act .................................................. 16 U.S.C. 1671 et seq. ................ 4,060 

Rural Health and Safety Education Programs ................................... 7 U.S.C. 2662(i) ........................... 3,000 

Food Animal Residue Avoidance Database Program ......................... 7 U.S.C. 7642 .............................. 1,250 

Women and Minorities in STEM Fields ............................................... 7 U.S.C. 5925 .............................. 400

Food Safety Outreach Program ........................................................... 7 U.S.C. 7625 .............................. 5,000 

Smith-Lever, Section 3(d): 7 U.S.C. 343(d).

Food and Nutrition Education .................................................... ...................................................... 67,934 

Farm Safety and Youth Farm Safety Education Programs ....... ...................................................... 4,610 

New Technologies for Agricultural Extension ............................ ...................................................... 1,550

Children, Youth, and Families at Risk ...................................... ...................................................... 8,395 

Federally Recognized Tribes Extension Program ....................... ...................................................... 3,039

Total, Section 3(d) ............................................................ ...................................................... 85,528 

Necessary Expenses of Extension Activities: 

Agriculture in the K–12 Classroom ........................................... ...................................................... 552 

Federal Administration—Other Necessary Expenses for Extension Activities....................................................... 7,805 

Total, Necessary Expenses ................................................ ...................................................... 8,357

Total, Extension Activities ................................................. ...................................................... $477,391 
66

INTEGRATED ACTIVITIES

The agreement provides $36,000,000 for the National Institute of 

Food and Agriculture’s integrated activities. The agreement provides an increase of $1,300,000 for the Food 

and Agriculture Defense Initiative to expand the National Animal 

Health Laboratory Network (NAHLN), recognizing the critical contributions that NAHLN labs, including those located at colleges of 

veterinary medicine, make in responding to emerging threats to 

American agriculture. When expanding the network, the agreement 

encourages NIFA to take into consideration laboratories which 

would enhance the capacity for surveillance, monitoring, and response; the concentration of human and animal populations that 

are directly at risk; geography, ecology, and climate; evidence of active collaboration with, and support of, state animal health officials; and evidence of stakeholder support and engagement. 

The following table reflects the amounts provided by the agreement:

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES 

(Dollars in Thousands) 

Methyl Bromide Transition Program ................................................... 7 U.S.C. 7626 .............................. $2,000

Organic Transition Program ................................................................ 7 U.S.C. 7626 .............................. 4,000 

Regional Rural Development Centers ................................................. 7 U.S.C. 450i(c) ........................... 2,000

Food and Agriculture Defense Initiative ............................................. 7 U.S.C. 3351 .............................. 8,000

Crop Protection/Pest Management Program ....................................... 7 U.S.C. 7626 .............................. 20,000

Total, Integrated Activities ........................................................ ...................................................... $36,000 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

The agreement provides $901,000 for the Office of the Under Secretary for Marketing and Regulatory Programs. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $946,212,000 for the Animal and Plant 

Health Inspection Service (APHIS), Salaries and Expenses. The agreement includes a net increase of $51,797,000 for high 

priority initiatives in order to protect the plant and animal resources of the Nation from pests and diseases. Nearly half of this 

increase is applied to the agency’s request for $24,000,000 in new 

funding for Emergency Preparedness and Response. This increase 

stemmed from the agency’s experience with the 2015 outbreak of 

Highly Pathogenic Avian Influenza that cost taxpayers nearly $1 

billion. The agreement also provides increases within the total 

funding level of: $2,518,000 for Animal Health and Technical Services; $500,000 for the Equine, Cervid, and Small Ruminant Health 

Program; $1,175,000 for the National Veterinary Stockpile; 

$3,000,000 for the Veterinary Diagnostics program; $7,000,000 for 

the Zoonotic Disease Management program; $1,430,000 for the Agricultural Quarantine Inspection program; $8,500,000 for the Spe-
67

cialty Crop Pests program; $2,199,000 for the Wildlife Damage 

Management program; $500,000 for the Agriculture Import-Export 

program; and, $400,000 for Animal Welfare in order for APHIS to 

provide oversight of animal research at the Agricultural Research 

Service.

The agreement provides a one-time increase of $1,000,000 for the 

Animal Health Technical Services program to conduct a pilot program for the study of the effectiveness in improving disease 

traceability, cost, and durability of Ultra High Frequency (UHF) 

Radio-frequency identification (RFID) back tags in comparison to 

the other types of animal identification methods currently used by 

the livestock industry within USDA’s Animal Disease Traceability 

framework.

The agreement provides $28,810,000 for the Animal Welfare pro- gram, an increase of $400,000, and directs APHIS to continue its 

inspections of ARS facilities, to post its inspection reports online, 

and to provide copies of the reports to the Committees. 

The agreement includes funding to collect additional data that 

will inform policy related to the appropriate antibiotic use in all 

settings across agriculture and clinical medicine. The agreement 

provides an increase of $7,000,000 within Zoonotic Disease Management for on-farm surveillance, data collection, sampling, surveillance, and testing to enhance the understanding of on-farm levels of antibiotic use and the impact on antimicrobial resistance levels. The information collected should clearly delineate between 

antibiotics used for food-producing and companion animals. Further, to avoid duplication with existing programs like the National 

Antimicrobial Resistance Monitoring System, the agreement expects surveys regarding on-farm usage to be limited to collecting 

information about the antibiotics used and should not be utilized 

for other regulatory purposes. The agreement includes no less than $3,500,000 for cervid health 

activities. Within the funds provided, APHIS should give consideration to indemnity payments if warranted. The agreement provides an increase of $24,000,000 for emergency preparedness and response to establish a more robust agency 

framework for addressing animal and plant disease outbreaks. The 

Highly Pathogenic Avian Influenza outbreak of 2015 exposed a 

number of challenges facing the agency. Additional funds will allow 

APHIS to increase veterinarians and animal health technicians; 

health, safety and biosecurity officers; and develop resources and 

technologies for the early detection of foreign animal diseases and 

improved response options. 

The agreement includes $28,000,000 under Wildlife Damage 

Management for national rabies management, surveillance, and 

eradication efforts and $2,000,000 for Wildlife Services education 

and training. The agreement also provides $1,600,000 for combatting wildlife depredation to production aquaculture and an additional $5,000,000 for increased feral swine surveillance. 

The agreement remains concerned about the devastating impact 

citrus greening disease has had on our nation’s citrus production. 

The agreement maintains increased funding for Huanglongbing 

Emergency Response within the Specialty Crop Pests line item and 

provides an additional $5,500,000 to support the Huanglongbing 
68

Multi-Agency Coordination (HLB MAC) group. The agreement encourages APHIS to allocate sufficient resources to continue vital 

management, control, and associated activities to address citrus 

greening and to support priorities and strategies identified by the 

HLB MAC group. 

The agreement provides funding for NAHLN through both APHIS and NIFA at approximately $12,000,000 and $4,300,000, respectively, for a total investment of $16,300,000 for fiscal year 

2017.

The agreement expects that USDA will not fully implement the 

final rule allowing the importation of lemons from Argentina until 

the Operational Work Plan ensures that Argentina can meet the 

same phytosanitary risk standards required by the other current 

countries importing citrus into the United States. 

The following table reflects the agreement: 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE 

(Dollars in Thousands) 

Animal Health Technical Services .................................................................................................................. $37,857 

Aquatic Animal Health ................................................................................................................................... 2,253 

Avian Health ................................................................................................................................................... 55,340 

Cattle Health .................................................................................................................................................. 91,500 

Equine, Cervid & Small Ruminant Health ..................................................................................................... 20,000 

National Veterinary Stockpile ......................................................................................................................... 5,723 

Swine Health .................................................................................................................................................. 24,800 

Veterinary Biologics ........................................................................................................................................ 16,417 

Veterinary Diagnostics .................................................................................................................................... 39,540 

Zoonotic Disease Management ...................................................................................................................... 16,523 

Subtotal, Animal Health ........................................................................................................................ 309,953 

Agricultural Quarantine Inspection (Appropriated) ........................................................................................ 29,330 

Cotton Pests ................................................................................................................................................... 11,520 

Field Crop & Rangeland Ecosystems Pests ................................................................................................... 8,826 

Pest Detection ................................................................................................................................................ 27,446 

Plant Protection Methods Development ......................................................................................................... 20,686 

Specialty Crop Pests ...................................................................................................................................... 166,500 

Tree & Wood Pests ......................................................................................................................................... 54,000 

Subtotal, Plant Health ........................................................................................................................... 318,308 

Wildlife Damage Management ....................................................................................................................... 103,376 

Wildlife Services Methods Development ......................................................................................................... 18,856 

Subtotal, Wildlife Services .................................................................................................................... 122,232 

Animal & Plant Health Regulatory Enforcement ........................................................................................... 16,224 

Biotechnology Regulatory Services ................................................................................................................. 18,875 

Subtotal, Regulatory Services ............................................................................................................... 35,099 

Contingency Fund.

Emergency Preparedness & Response ........................................................................................................... 40,966 

Subtotal, Emergency Management ........................................................................................................ 41,436 

Agriculture Import/Export ............................................................................................................................... 15,599 

Overseas Technical & Trade Operations ........................................................................................................ 22,114 

Subtotal, Safe Trade ............................................................................................................................. 37,713 

Animal Welfare ............................................................................................................................................... 28,810 

Horse Protection ............................................................................................................................................. 697 

Subtotal, Animal Welfare ...................................................................................................................... 29,507 

APHIS Information Technology Infrastructure ................................................................................................ 4,251 

Physical/Operational Security ......................................................................................................................... 5,146 

Rent and DHS Security Payments .................................................................................................................. 42,567 

Subtotal, Agency Management .............................................................................................................. 51,964 

Total, Direct Appropriation ........................................................................................................... $946,212 
69

BUILDINGS AND FACILITIES

The agreement provides $3,175,000 for APHIS Buildings and Facilities.

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

The agreement provides $84,933,000 for the Agricultural Marketing Service. 

The National Organic Standards Board (NOSB) has concluded its 

sunset review process for substances and ingredients on the National List. As USDA reviews the NOSB’s recommendations, the 

agreement directs USDA to fully consider all currently available 

scientific information and stakeholder comments during the rulemaking process. Substances and ingredients should be evaluated 

pursuant to the criteria specified in the Organic Foods Production 

Act (7 U.S.C. 6517(c)(1)(A)) and the Agriculture Marketing Service 

implementing regulations 7 C.F.R. 205.600. The Department is reminded that the spirit of the organic program is to allow for the 

use of natural processes and materials to the greatest extent practicable.

The agreement directs the Department to stay within the parameters of the required study mandated by Section 293(c) of the National Bioengineered Food Disclosure Standard (Pub. L. 114–216). 

LIMITATION ON ADMINISTRATIVE EXPENSES

The agreement includes a limitation on administrative expenses of $61,227,000. 

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $20,705,000 for Funds for Strengthening 

Markets, Income, and Supply. 

The following table reflects the status of this fund for fiscal year 

2017:

ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD 

(Dollars in Thousands) 

Appropriation (30% of Customs Receipts) .................................................................................................... $10,929,841 

Less Transfers: 

Food and Nutrition Service .................................................................................................................... ¥9,503,998

Commerce Department .......................................................................................................................... ¥145,175

Total, Transfers ............................................................................................................................ ¥9,649,173

Prior Year Appropriation Available, Start of Year .......................................................................................... 166,333 

Transfer of Prior Year Funds to FNS (F&V) ................................................................................................... ¥125,000

Budget Authority, Farm Bill ......................................................................................................... 1,322,000 

Rescission of Current Year Funds ................................................................................................................. ¥231,374

Appropriations Temporarily Reduced—Sequestration ................................................................................... ¥79,626

Unavailable for Obligations (F&V Transfer to FNS) ....................................................................................... ¥125,000

Budget Authority, Appropriations Act ........................................................................................... 886,000

Less Obligations: 
70

ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD—Continued 

(Dollars in Thousands) 

Child Nutrition Programs (Entitlement Commodities) .......................................................................... 465,000

State Option Contract ........................................................................................................................... 5,000 

Removal of Defective Commodities ...................................................................................................... 2,500 

Emergency Surplus Removal ................................................................................................................. — 

Disaster Relief ....................................................................................................................................... 5,000 

Additional Fruits, Vegetables, and Nuts Purchases ............................................................................. 206,000

Fresh Fruit and Vegetable Program ...................................................................................................... 43,000 

Estimated Future Needs ........................................................................................................................ 103,355 

Total, Commodity Procurement .................................................................................................... 829,855 

Administrative Funds: 

Commodity Purchase Support ............................................................................................................... 35,440 

Marketing Agreements and Orders ....................................................................................................... 20,705 

Total, Administrative Funds ......................................................................................................... 56,145 

Total Obligations ................................................................................................................. 886,000 

Unavailable for Obligations (F&V Transfer to FNS) ....................................................................................... 125,000 

Total, End of Year Balances ............................................................................................... $125,000

PAYMENTS TO STATES AND POSSESSIONS

The agreement provides $1,235,000 for Payments to States and 

Possessions.

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

The agreement provides $43,482,000 for the Grain Inspection, 

Packers and Stockyards Administration, Salaries and Expenses. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

The agreement includes a limitation on inspection and weighing 

services expenses of $55,000,000. 

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

The agreement provides $819,000 for the Office of the Under Secretary for Food Safety. 

FOOD SAFETY AND INSPECTION SERVICE

The agreement provides $1,032,062,000 for the Food Safety and 

Inspection Service (FSIS). 

In addition to requiring the Siluriformes inspection report requested in H. Rpt. 114–531, the agreement recognizes FSIS’ diligent work in preventing from entering or removing 547,928 pounds 

(or more than 273 tons) of adulterated or ineligible imported 

Siluriformes product from U.S. commerce since April 15, 2016. In 

light of these alarming findings, the agreement directs FSIS to reinspect all imported Siluriformes fish and fish product shipments, 

just as all imported meat and poultry products from equivalent 

countries that export product to the United States are reinspected, 

upon the date of enactment of this Act. The agreement also directs 

FSIS to complete a determination of equivalence for the 

Siluriformes inspection program in a foreign country exporting 

Siluriformes fish and fish products to the United States not later 

than 180 days after the end of the 18 month transition period described in the preamble of the final rule entitled ‘‘Mandatory Inspection of Fish of the Order Siluriformes and Products Derived 
71

From Such Fish’’ issued on December 2, 2015 (80 Fed. Reg. 75590 

et seq.). 

The following table reflects the agreement: 

FOOD SAFETY AND INSPECTION SERVICE 

(Dollars in Thousands) 

Federal ............................................................................................................................................................ $915,755 

State ............................................................................................................................................................... 61,568 

International ................................................................................................................................................... 16,487 

Codex Alimentarius ......................................................................................................................................... 3,672 

Public Health Data Communications Infrastructure System ......................................................................... 34,580 

Total, Food Safety and Inspection Service ............................................................................................ $1,032,062 

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

The agreement provides $901,000 for the Office of the Under Secretary for Farm and Foreign Agricultural Services. 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $1,206,110,000 for the Farm Service 

Agency (FSA), Salaries and Expenses. The agreement includes 

$5,000,000 for personnel and physical security programs across 

county offices; $250,000 to establish a pilot network of mentors for 

beginning farmers; $500,000 to support youth-serving organizations; and $90,000 to support a certified training program for veteran farmers to be prequalified for direct farm ownership loans, as 

proposed in the budget. 

The following table reflects the agreement: 

(Dollars in Thousands) 

Salaries and expenses ................................................................................................................................... $1,206,110 

Transfer from P.L. 480 .......................................................................................................................... 149 

Transfer from export loans .................................................................................................................... 2,463 

Transfer from ACIF ................................................................................................................................ 306,998 

Total, FSA Salaries and expenses ................................................................................................ $1,515,720 

STATE MEDIATION GRANTS

The agreement provides $3,904,000 for State Mediation Grants. 

GRASSROOTS SOURCE WATER PROTECTION PROGRAM

The agreement provides $6,500,000 for the Grassroots Source 

Water Protection Program. 

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

The agreement provides $500,000 for the Dairy Indemnity Program.
72

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The agreement includes increased levels for Farm Operating and 

Ownership loans to meet demand for access to credit in the farm 

economy.

The following table reflects the agreement: 

(Dollars in Thousands) 

Loan Authorizations: 

Farm Ownership Loans: 

Direct ..................................................................................................................................................... ($1,500,000) 

Guaranteed ............................................................................................................................................ (2,750,000) 

Subtotal, Farm Ownership Loans ................................................................................................. (4,250,000)

Farm Operating Loans: 

Direct ..................................................................................................................................................... (1,530,000) 

Unsubsidized Guaranteed ...................................................................................................................... (1,960,000) 

Subtotal, Farm Operating Loans .................................................................................................. (3,490,000) 

Emergency Loans ............................................................................................................................................ (22,576) 

Indian Tribe Land Acquisition Loans ............................................................................................................. (20,000) 

Conservation Loans-Guaranteed .................................................................................................................... (150,000) 

Indian Highly Fractionated Land .................................................................................................................... (10,000) 

Boll Weevil Eradication .................................................................................................................................. (60,000) 

Total, Loan Authorizations ............................................................................................................ (8,002,576) 

Loan Subsidies: 

Farm Operating Loan Subsidies: 

Direct ..................................................................................................................................................... 65,178 

Unsubsidized Guaranteed ...................................................................................................................... 20,972 

Subtotal, Farm Operating Subsidies ............................................................................................ 86,150

Emergency Loans ............................................................................................................................................ 1,262 

Indian Highly Fractionated Land .................................................................................................................... 2,550 

Total, Loan Subsidies ..................................................................................................................................... 89,962 

ACIF Expenses:.

Salaries and Expenses .......................................................................................................................... 306,998 

Administrative Expenses ....................................................................................................................... 10,070 

Total, ACIF Expenses .................................................................................................................... $317,068 

RISK MANAGEMENT AGENCY

SALARIES AND EXPENSES

The agreement provides $74,829,000 for the Risk Management 

Agency (RMA), Salaries and Expenses. 

The agreement supports the development of insurance products 

that recognize and cover livestock products such as milk as ‘agricultural commodities’ separately and distinctly from coverage developed for ‘livestock.’ The statute only refers to livestock and lists 

types of livestock in the definition (7 U.S.C. 1523(b)), but lists no 

livestock products. There is no indication that Congress intended 

for livestock products to fall under the limitation of livestock insurance policies and this restriction has unnecessarily hindered the 

availability of policies for livestock products like milk. The agreement encourages RMA to present this reinterpretation to the Federal Crop Insurance Corporation board at the next scheduled meeting and develop additional policies for milk to provide dairy farm-
73

ers with more robust risk management options before the end of 

the year. 

CORPORATIONS

FEDERAL CROP INSURANCE CORPORATION FUND

The agreement provides an appropriation of such sums as may 

be necessary for the Federal Crop Insurance Corporation Fund. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides an appropriation of such sums as may 

be necessary for Reimbursement for Net Realized Losses of the 

Commodity Credit Corporation. 

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES)

The agreement provides a limitation of $5,000,000 for Hazardous 

Waste Management. 

TITLE II—CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

The agreement provides $901,000 for the Office of the Under Secretary for Natural Resources and Environment. 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

The agreement provides $864,474,000 for Conservation Operations.

The agreement provides $9,380,000 for the Snow Survey and 

Water Forecasting Program; $9,481,000 for the Plant Materials 

Centers; $80,802,000 for the Soil Surveys Program; and 

$759,211,000 for Conservation Technical Assistance, including an 

increase of $10,600,000 for written conservation plans and conservation program delivery. 

WATERSHED AND FLOOD PREVENTION OPERATIONS

The agreement provides $150,000,000 for Watershed and Flood 

Prevention Operations. 

The agreement recognizes the critical challenges facing rural 

water resource management and protection and supports needed 

investments in watershed operations that have been absent since 

fiscal year 2010. These Federal—State—local partnerships are 

uniquely positioned to identify critical watershed protection and 

flood prevention needs in rural communities and implement 

projects that deliver multiple streams of benefits for homes, businesses, and transportation infrastructure and natural resources. In 
74

selecting projects for funding, the agency is expected to balance the 

needs of addressing the project backlog, remediation of existing 

structures, and new projects. 

WATERSHED REHABILITATION PROGRAM

The agreement provides $12,000,000 for the Watershed Rehabilitation Program. 

TITLE III—RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

The agreement provides $896,000 for the Office of the Under Secretary for Rural Development. 

The agreement encourages the Department to work with community development financial institutions (as defined in section 103 of 

the Community Development Banking and Financial Institutions 

Act of 1994) in operating the Rural Microenterprise Assistance Program.

RURAL DEVELOPMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $225,835,000 for Rural Development 

(RD), Salaries and Expenses. 

The agreement includes a general provision directing that $500,000 made available for ‘Rural Development, Salaries and Expenses’ shall be used to develop an implementation plan for increasing access to education in the fields of science, technology, engineering, and mathematics (STEM) in rural communities through 

the Distance Learning and Telemedicine program. The agreement 

directs that the implementation plan also address the availability 

of, access to, and quality of access to STEM education in rural communities. The agreement further directs that it be developed not 

later than six months after the date of enactment of this Act and 

in close cooperation with land-grant colleges and universities. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides a total subsidy of $509,892,000 for activities under the Rural Housing Insurance Fund Program Account. 

This includes a transfer of $412,254,000 to the Rural Development, 

Salaries and Expenses account. 

The following table indicates loan, subsidy, and grant levels provided by the agreement: 

(Dollars in Thousands) 

Loan authorizations: 

Single family housing (sec. 502) 

Direct ..................................................................................................................................................... ($1,000,000) 

Unsubsidized guaranteed ...................................................................................................................... (24,000,000) 
75

(Dollars in Thousands) 

Housing repair (sec. 504) .............................................................................................................................. (26,278) 

Rental housing (sec. 515) ............................................................................................................................. (35,000) 

Multi-family guaranteed (sec. 538) ............................................................................................................... (230,000) 

Site development loans (sec. 524) ................................................................................................................ (5,000) 

Credit sales of acquired property .................................................................................................................. (10,000) 

Self-help housing land development (sec. 523) ........................................................................................... (5,000) 

Farm labor housing ........................................................................................................................................ (23,855) 

Total, Loan authorizations ............................................................................................................ ($25,335,133) 

Loan subsidies, grants & administrative expenses: 

Single family housing (sec. 502) 

Direct ..................................................................................................................................................... $67,700 

Housing repair (sec. 504) .............................................................................................................................. 3,663 

Rental housing (sec. 515) ............................................................................................................................. 10,360 

Farm labor housing (sec. 514) ...................................................................................................................... 7,051 

Site development loans (sec. 524) ................................................................................................................ 111 

Self-help land development (sec. 523) ......................................................................................................... 417 

Total, loan subsidies .................................................................................................................... 89,302 

Farm labor housing grants ............................................................................................................................ 8,336 

Total, loan subsidies and grants ................................................................................................. 97,638 

Administrative expenses (transfer to RD) ...................................................................................................... 412,254 

Total, Loan subsidies, grants, and administrative expenses ...................................................... $509,892 

RENTAL ASSISTANCE PROGRAM

The agreement provides $1,405,033,000 for the Rental Assistance 

Program.

Within 120 days of enactment of this Act, the agency is directed 

to provide the Committees with a detailed analysis of the accuracy 

of the project-based forecasting tool used to estimate rental assistance needs. 

MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

The agreement provides $41,400,000 for the Multi-Family Housing Revitalization Program Account. 

MUTUAL AND SELF-HELP HOUSING GRANTS

The agreement provides $30,000,000 for Mutual and Self-Help 

Housing Grants. 

RURAL HOUSING ASSISTANCE GRANTS

The agreement provides $33,701,000 for Rural Housing Assistance Grants. 

The following table reflects the grant levels provided by the 

agreement:

(Dollars in Thousands) 

Very low income housing repair grants ......................................................................................................... $28,701 

Housing preservation grants .......................................................................................................................... 5,000 

Total, grant program ............................................................................................................................. $33,701 
76

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $47,100,000 for the Rural Community 

Facilities Program Account. 

The agreement provides $2,600,000,000 for Community Facility 

direct loans to address increased demand. Given the increased demand, the agreement reiterates the program’s primary objective is 

to assist rural municipalities, nonprofit organizations, and Federally recognized Indian tribes to finance critical and essential community facilities needed to improve the quality of life for residents. 

The Department is directed to keep the Committees informed of 

any plans to continue the Community Facilities relending program 

in fiscal year 2017. 

The following table reflects the loan, subsidy, and grant amounts 

provided by the agreement: 

(Dollars in Thousands) 

Loan authorizations: 

CF direct loans ...................................................................................................................................... ($2,600,000) 

CF guaranteed loans ............................................................................................................................. (148,305) 

Loan subsidies and grants: 

CF guaranteed loans ............................................................................................................................. 3,322 

CF grants ............................................................................................................................................... 30,000 

Rural Community Development Initiative ............................................................................................. 4,000 

Economic Impact Initiative ................................................................................................................... 5,778 

Tribal college grants ............................................................................................................................. 4,000 

Total, subsidy and grants ............................................................................................................ $47,100 

RURAL BUSINESS–COOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $65,319,000 for the Rural Business Program Account. 

The agreement provides $24,000,000 for Rural Business Development Grants. Rural business development grants have a pivotal 

role in supporting the development or expansion of business in 

rural areas and should be awarded to applicants with sound proposals offering significant commercial potential. 

The following table reflects the loan, subsidy, and grant levels 

provided by the agreement: 

(Dollars in Thousands) 

Loan level: 

Business and industry guaranteed loans ............................................................................................. ($919,765) 

Loan subsidy and grants: 

Business and industry guaranteed loans ............................................................................................. 35,319 

Rural business development grants ..................................................................................................... 24,000 

Delta Regional Authority and Appalachian Regional Commission ....................................................... 6,000 

Total, Rural Business Program subsidy and grants ................................................................... $65,319 
77

INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The agreement provides $9,944,000 for the Intermediary Relending Program Fund Account. The agreement provides for a 

transfer of $4,468,000 to the Rural Development, Salaries and Expenses account. 

The following table reflects the loan and subsidy levels provided 

by the agreement: 

(Dollars in Thousands) 

Loan level: 

Estimated loan level ............................................................................................................................. $18,889 

Subsidies and administrative expenses: 

Direct loan subsidy level ....................................................................................................................... 5,476 

Administrative expenses ........................................................................................................................ 4,468 

Subtotal, subsidies and administrative expenses ....................................................................... $9,944 

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

The agreement provides $42,213,000 for the Rural Economic Development Loans Program Account. 

RURAL COOPERATIVE DEVELOPMENT GRANTS

The agreement provides $26,550,000 for Rural Cooperative Development Grants. 

RURAL ENERGY FOR AMERICA PROGRAM

The agreement provides $352,000 for the Rural Energy for America Program. 

RURAL UTILITIES SERVICE

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $571,190,000 for the Rural Utilities 

Service (RUS) Rural Water and Waste Disposal Program Account. 

The following table reflects the loan, subsidy, and grant levels 

provided by the agreement: 

(Dollars in Thousands) 

Loan authorizations: 

Water and waste direct loans ............................................................................................................... ($1,200,000) 

Water and waste guaranteed loans ...................................................................................................... (50,000) 

Subsidies and grants: 

Direct subsidy ........................................................................................................................................ 52,080 

Guaranteed loan subsidy ...................................................................................................................... 240 

Water and waste revolving fund ........................................................................................................... 1,000 

Water well system grants ..................................................................................................................... 993 

Grants for Colonias, Native Americans and Alaska ............................................................................. 64,000

Water and waste technical assistance grants ..................................................................................... 20,000 

Circuit Rider program ........................................................................................................................... 16,897 

Solid waste management grants .......................................................................................................... 4,000 

High energy cost grants ........................................................................................................................ 10,000 

Water and waste disposal grants ......................................................................................................... 391,980 
78

(Dollars in Thousands) 

306A(i)(2) grants ................................................................................................................................... 10,000 

Total, subsidies and grants ......................................................................................................... $571,190 

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The agreement provides $36,341,000 for activities under the 

Rural Electrification and Telecommunications Loans Program Account. The agreement provides for a transfer of $33,270,000 to the 

Rural Development, Salaries and Expenses account. 

The agreement strengthens the loan servicing tools within RUS 

by creating a pilot program to allow RUS to refinance existing electric loans. 

The following table indicates loan levels provided by the agreement:

(Dollars in Thousands) 

Loan authorizations: 

Electric:

Direct, FFB ............................................................................................................................................. ($5,500,000) 

Guaranteed underwriting ....................................................................................................................... (750,000) 

Subtotal, electric .......................................................................................................................... (6,250,000) 

Telecommunications:

Direct, treasury rate .............................................................................................................................. 345,000 

Direct, FFB ............................................................................................................................................. 345,000 

Subtotal, telecommunications ...................................................................................................... (690,000) 

Loan subsidy: 

Direct, treasury rate .............................................................................................................................. 3,071 

Total, loan authorizations ............................................................................................................ (6,940,000) 

Administrative expenses ................................................................................................................................. 33,270 

Total, budget authority ................................................................................................................. $36,341 

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

The agreement provides $65,600,000 for the Distance Learning, 

Telemedicine, and Broadband Program. The agreement directs that $1,600,000 of the funds made available for distance learning and telemedicine grants by such appropriation be used to provide for upgrades to the equipment and facilities of ambulances (and other emergency transportation vehicles) and to medical facilities, such as hospital and community 

health centers, and such technical assistance as may be needed. 

The following table indicates loan levels provided by the agreement:

(Dollars in Thousands) 

Loan authorization: 

Broadband telecommunications ............................................................................................................ ($27,043) 

Total, loan authorization .............................................................................................................. (27,043) 

Subsidy and grants: 

Distance learning and telemedicine grants ......................................................................................... 26,600 

Broadband telecommunications program:.

Direct (treasury rate loans) ................................................................................................................... 4,500 
79

(Dollars in Thousands) 

Grants .................................................................................................................................................... 34,500 

Total, subsidies and grants ......................................................................................................... 65,600 

TITLE IV—DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION, AND

CONSUMER SERVICES

The agreement provides $814,000 for the Office of the Under Secretary for Food, Nutrition, and Consumer Services. 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $22,793,982,000 for Child Nutrition Programs. Included in the total is an appropriated amount of 

$13,289,984,000 and a transfer from Section 32 of $9,503,998,000. 

The agreement provides the following for Child Nutrition Programs:

TOTAL OBLIGATIONAL AUTHORITY 

(Dollars in Thousands) 

School lunch program .................................................................................................................................... $12,339,758 

School breakfast program .............................................................................................................................. 4,470,247 

Child and adult care food program ............................................................................................................... 3,490,937 

Summer food service program ....................................................................................................................... 627,095 

Special milk program ..................................................................................................................................... 9,176 

State administrative expenses ....................................................................................................................... 279,058 

Commodity procurement ................................................................................................................................. 1,428,089 

Food safety education .................................................................................................................................... 2,897 

Coordinated review ......................................................................................................................................... 10,000 

Computer support and processing ................................................................................................................. 11,941 

CACFP training and technical assistance ..................................................................................................... 23,137 

Child Nutrition Program studies and evaluations ......................................................................................... 21,328 

Child Nutrition payment accuracy ................................................................................................................. 11,147 

Farm to school tactical team ........................................................................................................................ 4,168 

Team Nutrition ................................................................................................................................................ 15,504 

Healthier US Schools Challenge ..................................................................................................................... 1,500 

School meals equipment grants .................................................................................................................... 25,000 

Summer EBT demonstration ........................................................................................................................... 23,000 

Total ....................................................................................................................................................... $22,793,982 

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN (WIC)

The agreement provides $6,350,000,000 for the Special Supplemental Nutrition Program for Women, Infants, and Children 

(WIC). The agreement fully funds all eligible WIC participants in 

fiscal year 2017, and includes $60,000,000 for breastfeeding support initiatives and $13,600,000 for infrastructure. 

USDA data shows that WIC participation rates have decreased 

steadily since fiscal year 2010. The President’s budget request included a projection of an average monthly participation rate of 8.1 

million women, infants, and children for fiscal year 2017. However, 
80

the average monthly participation rate was 8.0 million for fiscal 

year 2015, and the average for fiscal year 2016 was 7.7 million. 

The agreement is supportive of ensuring pregnant women are 

educated on the various methods for preventing exposure to the 

Zika virus during pregnancy. The agreement directs the Department, in consultation with the Centers for Disease Control and 

Prevention, to either continue or expand its education and outreach 

efforts through the WIC program to provide pregnant women with 

the information they need to prevent Zika. 

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

The agreement provides $78,480,694,000 for the Supplemental 

Nutrition Assistance Program (SNAP). The agreement includes 

$3,000,000,000 to be made available for a contingency reserve. The 

agreement provides a funding level for SNAP benefits as reflected 

in OMB’s mid-session review of the budget. 

The agreement provides an increase of $4,000,000 for Nutrition 

Education and Program Information. 

The agreement provides the following for SNAP: 

TOTAL OBLIGATIONAL AUTHORITY 

(Dollars in Thousands) 

Benefits .......................................................................................................................................................... $67,754,435 

Contingency reserve ....................................................................................................................................... 3,000,000 

Administrative costs: 

State administrative costs .................................................................................................................... 4,230,476 

Nutrition Education and Obesity Prevention Grant Program ................................................................ 411,000

Employment and Training ..................................................................................................................... 456,018 

Mandatory other program costs ............................................................................................................ 196,726 

Discretionary other program costs ........................................................................................................ 998 

Administrative subtotal ................................................................................................................ 5,295,218 

Nutrition Assistance for Puerto Rico (NAP) ................................................................................................... 1,949,000 

American Samoa ............................................................................................................................................ 7,893 

Food Distribution Program on Indian Reservations ....................................................................................... 151,000 

TEFAP commodities ........................................................................................................................................ 297,000 

Commonwealth of the Northern Mariana Islands .......................................................................................... 12,148 

Community Food Projects ............................................................................................................................... 9,000 

Program access .............................................................................................................................................. 5,000 

Subtotal .......................................................................................................................................................... 2,431,041 

Total .............................................................................................................................................. $78,480,694 

COMMODITY ASSISTANCE PROGRAM

The agreement provides $315,139,000 for the Commodity Assistance Program. The agreement includes $236,120,000 for the Commodity Supplemental Food Program; $18,548,000 for the Farmers’ 

Market Nutrition Program; and $59,401,000 for the Emergency 

Food Assistance Program. 

NUTRITION PROGRAMS ADMINISTRATION

The agreement provides $170,716,000 for Nutrition Programs Administration. The agreement includes $17,700,000, to be available until expended, for office relocation expenses; $1,192,000 for 

DHS Security Payments; and $1,000,000 for an independent study 
81

to identify the best means of consolidating and coordinating reporting requirements under Child Nutrition Programs. 

TITLE V—FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS)

The agreement includes $196,571,000 for the Foreign Agricul- tural Service, Salaries and Expenses and transfers of $6,074,000. 

The agreement provides $2,300,000 for International Cooperative 

Administrative Support Services; $3,545,000 for pay costs; and 

$840,000 above estimated amounts for the Country Strategy Support Fund. 

FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS

PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS)

The agreement provides $149,000 for administrative expenses for 

the Food for Peace Title I Direct Credit and Food for Progress Program Account to be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

FOOD FOR PEACE TITLE II GRANTS

The agreement provides $1,466,000,000 for Food for Peace Title 

II Grants. The agreement also includes an additional one-time increase of $134,000,000, for a total level of $1,600,000,000. 

MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

The agreement provides $201,626,000 for the McGovern-Dole 

International Food for Education and Child Nutrition Program. 

COMMODITY CREDIT CORPORATION EXPORT (LOANS)

CREDIT GUARANTEE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $8,537,000 for the Commodity Credit 

Corporation Export Loans Credit Guarantee Program Account. 

TITLE VI—RELATED AGENCY AND FOOD AND DRUG 

ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

The agreement provides specific amounts by FDA activity as reflected in the following table: 

FOOD AND DRUG ADMINISTRATION—SALARIES & EXPENSES 

(Dollars in Thousands) 

Budget Authority: 
82

FOOD AND DRUG ADMINISTRATION—SALARIES & EXPENSES—Continued 

(Dollars in Thousands) 

Foods ..................................................................................................................................................... $1,025,503 

Center for Food Safety and Applied Nutrition ...................................................................................... 310,994 

Field Activities .............................................................................................................................. 714,509 

Human Drugs ........................................................................................................................................ 492,203 

Center for Drug Evaluation and Research ............................................................................................ 355,996 

Field Activities .............................................................................................................................. 136,207 

Biologics ................................................................................................................................................ 215,443 

Center for Biologics Evaluation and Research ..................................................................................... 174,052 

Field Activities .............................................................................................................................. 41,391 

Animal Drugs and Feeds ....................................................................................................................... 162,852 

Center for Veterinary Medicine .............................................................................................................. 98,205 

Field Activities .............................................................................................................................. 64,647 

Devices and Radiological Products ....................................................................................................... 329,764 

Center for Devices and Radiological Health ......................................................................................... 246,319 

Field Activities .............................................................................................................................. 83,445 

National Center for Toxicological Research ................................................................................................... 63,331 

Other Activities/Office of the Commissioner .................................................................................................. 185,087 

Office of the Commissioner .................................................................................................................. 56,178 

Office of Foods and Veterinary Medicine .............................................................................................. 23,843 

Office of Medical and Tobacco Products .............................................................................................. 11,259 

Office of Global Regulatory Operations and Policy .............................................................................. 23,564 

Office of Operations .............................................................................................................................. 38,015

Office of the Chief Scientist ................................................................................................................. 30,728 

Transfer to the HHS Office of Inspector General .................................................................................. 1,500 

White Oak Consolidation ................................................................................................................................ 43,044 

Other Rent and Rent Related Activities ........................................................................................................ 71,943 

GSA Rent ........................................................................................................................................................ 170,208 

Subtotal, Budget Authority ........................................................................................................... 2,759,378 

User Fees: 

Prescription Drug User Fee Act ............................................................................................................. 754,524 

Medical Device User Fee and Modernization Act .................................................................................. 126,083

Human Generic Drug User Fee Act ....................................................................................................... 323,011 

Biosimilar User Fee Act ......................................................................................................................... 22,079 

Animal Drug User Fee Act ..................................................................................................................... 23,673 

Animal Generic Drug User Fee Act ....................................................................................................... 11,341 

Tobacco Product User Fees ................................................................................................................... 635,000 

Subtotal, User Fees ...................................................................................................................... 1,895,711 

Total, FDA Program Level .................................................................................................... $4,655,089

The agreement provides $2,759,378,000 in new discretionary 

budget authority and $1,895,711,000 in definite user fees for a total 

of $4,655,089,000 for Food and Drug Administration (FDA), Salaries and Expenses. This total does not include permanent, indefinite user fees for the Mammography Quality Standards Act; Color 

Certification; Export Certification; Priority Review Vouchers Pediatric Disease; Food and Feed Recall; Food Reinspection; Voluntary 

Qualified Importer Program; the Third Party Auditor Program; 

Outsourcing Facility; and Medical Countermeasure Priority Review 

Vouchers. The agreement accepts $13,516,000 in proposed administrative savings and expects FDA to continue all projects, activities, 

laboratories, and programs as included in fiscal year 2016 unless 

otherwise specified. 

The agreement also includes a general provision providing 

$10,000,000 for FDA 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. 
83

As part of the increases, the agreement provides an additional $35,675,000 to support the implementation of the Food Safety Modernization Act (FSMA). Of this amount, $18,672,000 is provided for 

the National Integrated Food Safety System and $16,913,000 is 

provided for Import Safety. Funds for import safety should help 

FDA ensure an even playing field in the application of FSMA regulations as it relates to both domestic and imported producers, processors, and manufacturers of food and animal feed. The agreement 

notes that FSMA implementation places additional requirements 

on state governments and private stakeholders, and therefore urges 

the FDA to provide sufficient resources to State education and inspection programs to address these needs. The agreement continues to require quarterly reports to the Committees with a breakdown on funding allocations, as well as projections for future needs. The agreement provides an increase of $10,911,000 for medical product safety initiatives including $2,500,000 for efforts to support 

the Precision Medicine initiative. This increase should supplement 

efforts authorized in the 21st Century Cures Act. In addition, an 

increase of $4,000,000 is provided for Pediatric Device Consortium 

Grants and postmarket activities within the Medical Device program. Lastly, the agreement provides an increase of $4,411,000 for 

animal drug and medical device review activities. The agreement 

continues to include the fiscal year 2016 funding to evaluate overthe-counter sunscreen products. The $2,500,000 increase above the amount provided in fiscal year 

2016 for foreign high-risk inspections will allow FDA’s Office of the 

Global Regulatory Operations Policy to continue efforts to develop 

and utilize a targeted, risk-based, and efficient inspection model 

that incorporates commercially available information on high-risk 

establishments for onsite verifications. FDA is directed to provide 

the Committees with an update on these efforts, including estimated efficiencies and concerns, and plans to continue or expand 

this effort in the future. 

Employees charged with implementing federal programs are expected to carry out their duties in a legal and ethical manner, free 

from conflicts of interest, without seeking private gain or advancing 

a private agenda, and without giving preferential treatment to any 

outside organization or individual. The agency is reminded of its 

responsibility to ensure that federal employees handle information, 

including information received from the employees, offices, or Committees of the Congress, in a professional and confidential manner 

according to the federal government’s code of conduct, standards, 

regulations, and statutes. 

The agreement strongly urges the FDA to continue to work with 

Congress to address the issues and concerns regarding the regulation of Laboratory Developed Tests. 

The agreement provides $6,000,000 for Pediatric Device Consortia Grants. 

The agreement remains concerned with the draft MOU that the 

FDA proposed under Section 503A of the FDCA. Section 503A distinguishes between ‘‘distribution’’ and ‘‘dispensing’’ for the purposes 

of the MOU. In the DQSA, Congress only allowed the FDA to regulate ‘‘distribution.’’ The MOU appears to exceed the authority 

granted in the statute by redefining ‘‘distribution’’ in a manner that 
84

includes dispensing. Congress did not intend to include dispensing 

of compounded drugs over state lines within the scope of the MOU. 

The MOU should not address dispensing of compounded drugs to 

a patient over state lines if all other requirements of 503A are met. 

BUILDINGS AND FACILITIES

The agreement provides $11,788,000 for the Food and Drug Administration Buildings and Facilities. 

INDEPENDENT AGENCY 

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

The agreement includes a limitation of $68,600,000 on administrative expenses of the Farm Credit Administration. 

TITLE VII—GENERAL PROVISIONS 

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

Section 701.—The agreement includes language making funds 

available for the purchase, replacement, and hire of passenger 

motor vehicles. 

Section 702.—The agreement includes language regarding transfers of funds to the Working Capital Fund of the Department of Agriculture.

Section 703.—The agreement includes language limiting funding 

provided in the bill to one year unless otherwise specified. 

Section 704.—The agreement includes language regarding indirect cost rates on cooperative agreements between the Department 

of Agriculture and nonprofit institutions. 

Section 705.—The agreement includes language making appropriations to the Department of Agriculture for the cost of direct and 

guaranteed loans available until expended to disburse certain obligations for certain Rural Development programs. 

Section 706.—The agreement includes language regarding the 

transfer of funds to the Office of the Chief Information Officer and 

the acquisition of information technology systems. 

Section 707.—The agreement includes language making funds 

available until expended to the Department of Agriculture to disburse certain obligations for certain conservation programs. 

Section 708.—The agreement includes language regarding Rural 

Utilities Service program eligibility. 

Section 709.—The agreement includes language regarding funds 

for information technology expenses. 

Section 710.—The agreement includes language prohibiting firstclass airline travel. 

Section 711.—The agreement includes language regarding the 

availability of certain funds of the Commodity Credit Corporation. 

Section 712.—The agreement includes language regarding funding for advisory committees. 

Section 713.—The agreement includes language regarding the 

limitation on indirect costs for grants awarded by the National Institute of Food and Agriculture. 
85

Section 714.—The agreement includes language regarding a limitation and rescission of funds. 

Section 715.—The agreement includes language regarding child 

nutrition programs. 

Section 716.—The agreement includes language regarding user 

fee proposals without offsets. 

Section 717.—The agreement includes language regarding the reprogramming of funds and notification requirements. 

Section 718.—The agreement includes language regarding fees 

for the guaranteed business and industry loan program. 

Section 719.—The agreement includes language regarding the 

appropriations hearing process. 

Section 720.—The agreement includes language regarding government-sponsored news stories. 

Section 721.—The agreement includes language regarding details 

and assignments of Department of Agriculture employees. 

Section 722.—The agreement includes language regarding the 

Water Bank Act. 

Section 723.—The agreement includes language requiring spend 

plans.

Section 724.—The agreement includes language regarding the 

Food for Peace Act. 

Section 725.—The agreement includes language regarding Rural 

Development programs. 

Section 726.—The agreement includes language regarding USDA 

loan programs. 

Section 727.—The agreement includes language regarding the 

Working Capital Fund. 

Section 728.—The agreement includes language regarding purchases made through child nutrition programs. 

Section 729.—The agreement includes language regarding potable water supplies. 

Section 730.—The agreement includes language regarding the 

Agriculture and Food Research Initiative. 

Section 731.—The agreement includes language regarding Rural 

Development Programs. 

Section 732.—The agreement includes language regarding nutrition research. 

Section 733.—The agreement includes language regarding housing loan programs. 

Section 734.—The agreement includes language regarding consumer information. 

Section 735.—The agreement includes language regarding Rural 

Development loan programs. 

Section 736.—The agreement includes language regarding tissue 

regulation.

Section 737.—The agreement includes language regarding animal feed. 

Section 738.—The agreement includes language regarding 

APHIS regulation. 

Section 739.—The agreement includes language regarding animal research. 

Section 740.—The agreement includes language regarding FDA 

regulation.
86

Section 741.—The agreement includes language regarding the 

Rural Housing Service. 

Section 742.—The agreement includes language regarding IT systems.

Section 743.—The agreement includes language regarding 

APHIS Buildings & Facilities. 

Section 744.—The agreement includes language regarding nutrition programs. 

Section 745.—The agreement includes language regarding certain unobligated balances. 

Section 746.—The agreement includes language regarding domestic preference. 

Section 747.—The agreement includes language regarding child 

nutrition programs. 

Section 748.—The agreement includes language regarding emergency food assistance. 

Section 749.—The agreement includes language regarding loan 

refinancing.

Section 750.—The agreement includes language regarding persistent poverty. 

Section 751.—The agreement includes language regarding community eligibility. 

Section 752.—The agreement includes language regarding emerging disease funding. 

Section 753.—The agreement includes language regarding emergency programs. 

Section 754.—The agreement includes language regarding lobbying.

Section 755.—The agreement includes language regarding the 

Food for Peace Act. 

Section 756.—The agreement includes language regarding FDA 

regulation.

Section 757.—The agreement includes language regarding citrus 

greening.

Section 758.—The agreement includes language regarding certain unobligated balances. 

Section 759.—The agreement includes language regarding certain unobligated balances. 

Section 760.—The agreement includes language regarding assistance for military veterans. 

Section 761.—The agreement includes language regarding genetically engineered salmon. 

Section 762.—The agreement includes language regarding certain horse inspection activities. 

Section 763.—The agreement includes language regarding Rural 

Economic Area Partnership Zones. 

Section 764.—The agreement includes language regarding hardwood trees. 

Section 765.—The agreement includes language regarding the 

SNAP program. 

Section 766.—The agreement includes language regarding FDA 

guidance.

Section 767.—The agreement includes language regarding food 

retailer financing. 
87

Section 768.—The agreement includes language regarding STEM 

programs.

Section 769.—The agreement includes language regarding Rural 

Development programs. 

Section 770.—The agreement includes language regarding certain unobligated balances. 

Section 771.—The agreement includes language regarding the 

Rural Housing Service. 

Section 772.—The agreement includes language regarding the 

Agriculture Risk Coverage program. 

Section 773.—The agreement includes language regarding industrial hemp. 

Section 774.—The agreement includes language regarding crab 

nomenclature.
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(117)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, 

AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2017 

(119)

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2017 

TITLE I 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of the 

Department of Commerce provided for by law, and for engaging in 

trade promotional activities abroad, including expenses of grants 

and cooperative agreements for the purpose of promoting exports of 

United States firms, without regard to sections 3702 and 3703 of 

title 44, United States Code; full medical coverage for dependent 

members of immediate families of employees stationed overseas 

and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 

49, United States Code; employment of citizens of the United 

States and aliens by contract for services; rental of space abroad 

for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort 

claims, in the manner authorized in the first paragraph of section 

2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use 

abroad, not to exceed $45,000 per vehicle; obtaining insurance on 

official motor vehicles; and rental of tie lines, $495,000,000, to remain available until September 30, 2018, of which $12,000,000 is 

to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of 

title 31, United States Code: Provided, That, of amounts provided 

under this heading, not less than $16,400,000 shall be for China 

antidumping and countervailing duty enforcement and compliance 

activities: Provided further, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 

2458(c)) shall apply in carrying out these activities; and that for 

the purpose of this Act, contributions under the provisions of the 

Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of 

these activities. 
120

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national 

security activities of the Department of Commerce, including costs 

associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed 

overseas; employment of citizens of the United States and aliens by 

contract for services abroad; payment of tort claims, in the manner 

authorized in the first paragraph of section 2672 of title 28, United 

States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of 

compensation to informers under the Export Administration Act of 

1979, and as authorized by section 1(b) of the Act of June 15, 1917 

(40 Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger motor 

vehicles for official use and motor vehicles for law enforcement use 

with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, 

$112,500,000, to remain available until expended: Provided, That 

the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act 

of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out 

these activities: Provided further, That payments and contributions 

collected and accepted for materials or services provided as part of 

such activities may be retained for use in covering the cost of such 

activities, and for providing information to the public with respect 

to the export administration and national security activities of the 

Department of Commerce and other export control programs of the 

United States and other governments. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided by 

the Public Works and Economic Development Act of 1965, for trade 

adjustment assistance, and for grants authorized by section 27 of 

the Stevenson-Wydler Technology Innovation Act of 1980 (15 

U.S.C. 3722), $237,000,000, to remain available until expended, of 

which $17,000,000 shall be for grants under such section 27. 

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $39,000,000: Provided, That these funds may be used to monitor projects approved 

pursuant to title I of the Public Works Employment Act of 1976, 

title II of the Trade Act of 1974, section 27 of the Stevenson-Wydler 

Technology Innovation Act of 1980 (15 U.S.C. 3722), and the Community Emergency Drought Relief Act of 1977. 
121

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with 

public or private organizations, $34,000,000. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic and 

statistical analysis programs of the Department of Commerce, 

$107,300,000, to remain available until September 30, 2018. 

BUREAU OF THE CENSUS

CURRENT SURVEYS AND PROGRAMS

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $270,000,000: 

Provided, That, from amounts provided herein, funds may be used 

for promotion, outreach, and marketing activities: Provided further,

That the Bureau of the Census shall collect and analyze data for 

the Annual Social and Economic Supplement to the Current Population Survey using the same health insurance questions included 

in previous years, in addition to the revised questions implemented 

in the Current Population Survey beginning in February 2014. 

PERIODIC CENSUSES AND PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs 

provided for by law, $1,200,000,000, to remain available until September 30, 2018: Provided, That, from amounts provided herein, 

funds may be used for promotion, outreach, and marketing activities: Provided further, That within the amounts appropriated, 

$2,580,000 shall be transferred to the ‘‘Office of Inspector General’’ 

account for activities associated with carrying out investigations 

and audits related to the Bureau of the Census: Provided further,

That not more than 50 percent of the amounts made available 

under this heading for information technology related to 2020 census delivery, including the Census Enterprise Data Collection and 

Processing (CEDCaP) program, may be obligated until the Secretary submits to the Committees on Appropriations of the House 

of Representatives and the Senate a plan for expenditure that: (1) 

identifies for each CEDCaP project/investment over $25,000: (A) 

the functional and performance capabilities to be delivered and the 

mission benefits to be realized; (B) the estimated lifecycle cost, including estimates for development as well as maintenance and operations; and (C) key milestones to be met; (2) details for each 

project/investment: (A) reasons for any cost and schedule variances; 
122

and (B) top risks and mitigation strategies; and (3) has been submitted to the Government Accountability Office. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National 

Telecommunications and Information Administration (NTIA), 

$32,000,000, to remain available until September 30, 2018: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of 

Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and 

such fees shall be retained and used as offsetting collections for 

costs of such spectrum services, to remain available until expended: 

Provided further, That the Secretary of Commerce is authorized to 

retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs 

incurred in telecommunications research, engineering, and related 

activities by the Institute for Telecommunication Sciences of NTIA, 

in furtherance of its assigned functions under this paragraph, and 

such funds received from other Government agencies shall remain 

available until expended. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for 

the administration of all open grants until their expiration. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of 

suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $3,230,000,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the 

USPTO under any law are received during fiscal year 2017, so as 

to result in a fiscal year 2017 appropriation from the general fund 

estimated at $0: Provided further, That during fiscal year 2017, 

should the total amount of such offsetting collections be less than 

$3,230,000,000 this amount shall be reduced accordingly: Provided

further, That any amount received in excess of $3,230,000,000 in 

fiscal year 2017 and deposited in the Patent and Trademark Fee 

Reserve Fund shall remain available until expended: Provided further, That the Director of USPTO shall submit a spending plan to 

the Committees on Appropriations of the House of Representatives 

and the Senate for any amounts made available by the preceding 
123

proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for 

obligation or expenditure except in compliance with the procedures 

set forth in that section: Provided further, That any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the United States Patent and Trademark Office ‘‘Salaries 

and Expenses’’ account: Provided further, That from amounts provided herein, not to exceed $900 shall be made available in fiscal 

year 2017 for official reception and representation expenses: Provided further, That in fiscal year 2017 from the amounts made 

available for ‘‘Salaries and Expenses’’ for the USPTO, the amounts 

necessary to pay (1) the difference between the percentage of basic 

pay contributed by the USPTO and employees under section 

8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the 

Office of Personnel Management (OPM) for USPTO’s specific use, 

of basic pay, of employees subject to subchapter III of chapter 83 

of that title, and (2) the present value of the otherwise unfunded 

accruing costs, as determined by OPM for USPTO’s specific use of 

post-retirement life insurance and post-retirement health benefits 

coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life 

Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, 

as appropriate, and shall be available for the authorized purposes 

of those accounts: Provided further, That any differences between 

the present value factors published in OPM’s yearly 300 series benefit letters and the factors that OPM provides for USPTO’s specific 

use shall be recognized as an imputed cost on USPTO’s financial 

statements, where applicable: Provided further, That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amended 

by section 22 of the Leahy-Smith America Invents Act (Public Law 

112–29): Provided further, That within the amounts appropriated, 

$2,000,000 shall be transferred to the ‘‘Office of Inspector General’’ 

account for activities associated with carrying out investigations 

and audits related to the USPTO. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the National Institute of Standards 

and Technology (NIST), $690,000,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to 

the ‘‘Working Capital Fund’’: Provided, That not to exceed $5,000 

shall be for official reception and representation expenses: Provided

further, That NIST may provide local transportation for summer 

undergraduate research fellowship program participants. 
124

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses for industrial technology services, $155,000,000, to remain available until expended, of which 

$130,000,000 shall be for the Hollings Manufacturing Extension 

Partnership, and of which $25,000,000 shall be for the National 

Network for Manufacturing Innovation: Provided, That of the 

amount provided under this heading, $2,000,000 shall be derived 

from recoveries of prior year obligations. 

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance 

of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 

through 15 of the National Institute of Standards and Technology 

Act (15 U.S.C. 278c–278e), $109,000,000, to remain available until 

expended: Provided, That the Secretary of Commerce shall include 

in the budget justification materials that the Secretary submits to 

Congress in support of the Department of Commerce budget (as 

submitted with the budget of the President under section 1105(a) 

of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a 

total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each 

of the 5 subsequent fiscal years. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the 

National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; 

and relocation of facilities, $3,367,875,000, to remain available 

until September 30, 2018, except that funds provided for cooperative enforcement shall remain available until September 30, 2019: 

Provided, That fees and donations received by the National Ocean 

Service for the management of national marine sanctuaries may be 

retained and used for the salaries and expenses associated with 

those activities, notwithstanding section 3302 of title 31, United 

States Code: Provided further, That in addition, $130,164,000 shall 

be derived by transfer from the fund entitled ‘‘Promote and Develop 

Fishery Products and Research Pertaining to American Fisheries’’, 

which shall only be used for fishery activities related to the 

Saltonstall-Kennedy Grant Program, Cooperative Research, Annual 

Stock Assessments, Survey and Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish Information Networks: Provided

further, That of the $3,515,539,000 provided for in direct obliga- tions under this heading, $3,367,875,000 is appropriated from the 
125

general fund, $130,164,000 is provided by transfer and $17,500,000 

is derived from recoveries of prior year obligations: Provided further, That the total amount available for National Oceanic and Atmospheric Administration corporate services administrative support costs shall not exceed $228,440,000: Provided further, That 

any deviation from the amounts designated for specific activities in 

the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act), or any use of 

deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 

505 of this Act: Provided further, That in addition, for necessary retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, and for payments for the medical 

care of retired personnel and their dependents under the Dependents’ Medical Care Act (10 U.S.C. ch. 55), such sums as may be 

necessary.

PROCUREMENT, ACQUISITION AND CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For procurement, acquisition and construction of capital assets, 

including alteration and modification costs, of the National Oceanic 

and Atmospheric Administration, $2,242,610,000, to remain available until September 30, 2019, except that funds provided for acquisition and construction of vessels and construction of facilities 

shall remain available until expended: Provided, That of the 

$2,255,610,000 provided for in direct obligations under this heading, $2,242,610,000 is appropriated from the general fund and 

$13,000,000 is provided from recoveries of prior year obligations: 

Provided further, That any deviation from the amounts designated 

for specific activities in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), 

or any use of deobligated balances of funds provided under this 

heading in previous years, shall be subject to the procedures set 

forth in section 505 of this Act: Provided further, That the Secretary of Commerce shall include in budget justification materials 

that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the 

President under section 1105(a) of title 31, United States Code) an 

estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total 

of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for 

each such project for each of the 5 subsequent fiscal years: Provided further, That, within the amounts appropriated, $1,302,000 

shall be transferred to the ‘‘Office of Inspector General’’ account for 

activities associated with carrying out investigations and audits related to satellite procurement, acquisition and construction. 

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of Pacific 

salmon populations, $65,000,000, to remain available until September 30, 2018: Provided, That, of the funds provided herein, the 
126

Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the 

Federally recognized tribes of the Columbia River and Pacific Coast 

(including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, 

for maintaining populations necessary for exercise of tribal treaty 

fishing rights or native subsistence fishing, or for conservation of 

Pacific coastal salmon and steelhead habitat, based on guidelines 

to be developed by the Secretary of Commerce: Provided further,

That all funds shall be allocated based on scientific and other merit 

principles and shall not be available for marketing activities: Provided further, That funds disbursed to States shall be subject to a 

matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds. 

FISHERMEN’S CONTINGENCY FUND

For carrying out the provisions of title IV of Public Law 95–372, 

not to exceed $350,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. 

FISHERIES FINANCE PROGRAM ACCOUNT

Subject to section 502 of the Congressional Budget Act of 1974, 

during fiscal year 2017, obligations of direct loans may not exceed 

$24,000,000 for Individual Fishing Quota loans and not to exceed 

$100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for the management of the Department 

of Commerce provided for by law, including not to exceed $4,500 

for official reception and representation, $58,000,000: Provided,

That within amounts provided, the Secretary of Commerce may use 

up to $2,500,000 to engage in activities to provide businesses and 

communities with information about and referrals to relevant Federal, State, and local government programs. 

RENOVATION AND MODERNIZATION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the renovation and modernization of 

the Herbert C. Hoover Building, including security-related costs, 

$4,000,000, to remain available until expended: Provided, That the 

Secretary of Commerce may transfer up to $8,224,000 to this account from funds available to the Department of Commerce: Provided further, That the transfer authority provided in the first proviso is in addition to any other transfer authority contained in this 

Act: Provided further, That any transfer pursuant to the authority 

provided under this heading shall be treated as a reprogramming 

under section 505 of this Act and shall not be available for obliga-
127

tion or expenditure except in compliance with the procedures set 

forth in that section. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 

U.S.C. App.), $32,744,000. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by 

this Act shall be available for the activities specified in the Act of 

October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 

prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may 

be used for advanced payments not otherwise authorized only upon 

the certification of officials designated by the Secretary of Commerce that such payments are in the public interest. 

SEC. 102. During the current fiscal year, appropriations made 

available to the Department of Commerce by this Act for salaries 

and expenses shall be available for hire of passenger motor vehicles 

as authorized by 31 U.S.C. 1343 and 1344; services as authorized 

by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). 

SEC. 103. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, 

but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant 

to this section shall be treated as a reprogramming of funds under 

section 505 of this Act and shall not be available for obligation or 

expenditure except in compliance with the procedures set forth in 

that section: Provided further, That the Secretary of Commerce 

shall notify the Committees on Appropriations at least 15 days in 

advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in 

this Act or any other law appropriating funds for the Department 

of Commerce. 

SEC. 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 

2012 (Public Law 112–55), as amended by section 105 of title I of 

division B of Public Law 113–6, are hereby adopted by reference 

and made applicable with respect to fiscal year 2017: Provided,

That the life cycle cost for the Joint Polar Satellite System is 

$11,322,125,000 and the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is 

$10,828,059,000.

SEC. 105. Notwithstanding any other provision of law, the Secretary may furnish services (including but not limited to utilities, 

telecommunications, and security services) necessary to support the 

operation, maintenance, and improvement of space that persons, 

firms, or organizations are authorized, pursuant to the Public 
128

Buildings Cooperative Use Act of 1976 or other authority, to use 

or occupy in the Herbert C. Hoover Building, Washington, DC, or 

other buildings, the maintenance, operation, and protection of 

which has been delegated to the Secretary from the Administrator 

of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable 

basis. Amounts received as reimbursement for services provided 

under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited 

to the appropriation or fund which initially bears the costs of such 

services.

SEC. 106. Nothing in this title shall be construed to prevent a 

grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. 

SEC. 107. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with 

reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any 

department, agency, or instrumentality of the United States, or of 

any State, local government, Indian tribal government, Territory, 

or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related 

to carrying out the responsibilities of any statute administered by 

the National Oceanic and Atmospheric Administration. 

SEC. 108. The National Technical Information Service shall not 

charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided 

information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. 

Should a customer still require the Service to provide a printed or 

digital copy of the report or document, the charge shall be limited 

to recovering the Service’s cost of processing, reproducing, and delivering such report or document. 

SEC. 109. The Secretary of Commerce may waive the requirement for bonds under 40 U.S.C. 3131 with respect to contracts for 

the construction, alteration, or repair of vessels, regardless of the 

terms of the contracts as to payment or title, when the contract is 

made under the Coast and Geodetic Survey Act of 1947 (33 U.S.C. 

883a et seq.). 

SEC. 110. None of the funds appropriated or otherwise made 

available in this or any other Act, with respect to any fiscal year, 

may be used in contravention of section 110 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 (Public Law 114–113). 

SEC. 111. To carry out the responsibilities of the National Oceanic and Atmospheric Administration (NOAA), the Administrator 

of NOAA is authorized to: (1) enter into grants and cooperative 

agreements with; (2) use on a non-reimbursable basis land, services, equipment, personnel, and facilities provided by; and (3) receive and expend funds made available on a consensual basis from: 

a Federal agency, State or subdivision thereof, local government, 

tribal government, territory, or possession or any subdivisions 

thereof: Provided, That funds received for permitting and related 

regulatory activities pursuant to this section shall be deposited 
129

under the heading ‘‘National Oceanic and Atmospheric Administration—Operations, Research, and Facilities’’ and shall remain available until September 30, 2019, for such purposes: Provided further,

That all funds within this section and their corresponding uses are 

subject to section 505 of this Act. 

SEC. 112. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided 

for programs of the Bureau of Economic Analysis and the U.S. Census Bureau, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or 

local governmental unit, or institution of higher education, to aid 

and promote statistical, research, and methodology activities which 

further the purposes for which such amounts have been made 

available.

SEC. 113. For fiscal year 2017 and each fiscal year thereafter, no 

person shall conduct any research, exploration, salvage, or other 

activity that would physically alter or disturb the wreck or wreck 

site of the RMS Titanic unless authorized by the Secretary of Commerce per the provisions of the Agreement Concerning the Shipwrecked Vessel RMS Titanic. The Secretary of Commerce shall 

take appropriate actions to carry out this section consistent with 

the Agreement. 

This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2017’’. 

TITLE II 

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 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 
130

be available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the administration of immigration-related activities of the Executive Office for Immigration Review, 

$440,000,000, of which $4,000,000 shall be derived by transfer from 

the Executive Office for Immigration Review fees deposited in the 

‘‘Immigration Examinations Fee’’ account: Provided, That not to exceed $15,000,000 of the total amount made available under this 

heading shall remain available until expended: Provided further,

That any unobligated balances available from funds appropriated 

for the Executive Office for Immigration Review under the heading 

‘‘General Administration, Administrative Review and Appeals’’ 

shall be transferred to and merged with the appropriation under 

this heading. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, $95,583,000, including not to exceed $10,000 to meet unforeseen 

emergencies of a confidential character. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission 

as authorized, $13,308,000: Provided, That, notwithstanding any 

other provision of law, upon the expiration of a term of office of a 

Commissioner, the Commissioner may continue to act until a successor has been appointed. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department 

of Justice, not otherwise provided for, including not to exceed 

$20,000 for expenses of collecting evidence, to be expended under 

the direction of, and to be accounted for solely under the certificate 

of, the Attorney General; the administration of pardon and clemency petitions; and rent of private or Government-owned space in 

the District of Columbia, $897,500,000, of which not to exceed 

$20,000,000 for litigation support contracts shall remain available 

until expended: Provided, That of the amount provided for 

INTERPOL Washington dues payments, not to exceed $685,000 

shall remain available until expended: Provided further, That of 

the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further, That notwithstanding section 

205 of this Act, upon a determination by the Attorney General that 

emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer 
131

such amounts to ‘‘Salaries and Expenses, General Legal Activities’’ 

from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the 

preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in 

that section: Provided further, That of the amount appropriated, 

such sums as may be necessary shall be available to the Civil 

Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act 

of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel 

Management for such salaries and expenses: Provided further, That 

of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended. 

In addition, for reimbursement of expenses of the Department of 

Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $10,000,000, to be 

appropriated from the Vaccine Injury Compensation Trust Fund. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $164,977,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $125,000,000 in 

fiscal year 2017), shall be retained and used for necessary expenses 

in this appropriation, and shall remain available until expended: 

Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2017, so as to result in a final fiscal year 

2017 appropriation from the general fund estimated at 

$39,977,000.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, 

$2,035,000,000: Provided, That of the total amount appropriated, 

not to exceed $7,200 shall be available for official reception and 

representation expenses: Provided further, That not to exceed 

$25,000,000 shall remain available until expended: Provided further, That each United States Attorney shall establish or participate in a task force on human trafficking. 

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program, as 

authorized, $225,908,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, deposits 

to the United States Trustee System Fund and amounts herein appropriated shall be available in such amounts as may be necessary 

to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, fees collected pursuant to sec-
132

tion 589a(b) of title 28, United States Code, shall be retained and 

used for necessary expenses in this appropriation and shall remain 

available until expended: Provided further, That to the extent that 

fees collected in fiscal year 2017, net of amounts necessary to pay 

refunds due depositors, exceed $225,908,000, those excess amounts 

shall be available in future fiscal years only to the extent provided 

in advance in appropriations Acts: Provided further, That the sum 

herein appropriated from the general fund shall be reduced (1) as 

such fees are received during fiscal year 2017, net of amounts necessary to pay refunds due depositors, (estimated at $163,000,000) 

and (2) to the extent that any remaining general fund appropriations can be derived from amounts deposited in the Fund in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2017 appropriation from the general fund 

estimated at $62,908,000. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign 

Claims Settlement Commission, including services as authorized by 

section 3109 of title 5, United States Code, $2,374,000. 

FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts for 

the procurement and supervision of expert witnesses, for private 

counsel expenses, including advances, and for expenses of foreign 

counsel, $270,000,000, to remain available until expended, of which 

not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness 

security caravans; and not to exceed $13,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information 

network to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under 

this heading may not be transferred pursuant to section 205 of this 

Act.

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Community Relations Service, 

$15,500,000: Provided, That notwithstanding section 205 of this 

Act, upon a determination by the Attorney General that emergent 

circumstances require additional funding for conflict resolution and 

violence prevention activities of the Community Relations Service, 

the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary 

to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the 

procedures set forth in that section. 
133

ASSETS FORFEITURE FUND

For expenses authorized by subparagraphs (B), (F), and (G) of 

section 524(c)(1) of title 28, United States Code, $20,514,000, to be 

derived from the Department of Justice Assets Forfeiture Fund. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service, 

$1,249,040,000, of which not to exceed $6,000 shall be available for 

official reception and representation expenses, and not to exceed 

$15,000,000 shall remain available until expended. 

CONSTRUCTION

For construction in space controlled, occupied or utilized by the 

United States Marshals Service for prisoner holding and related 

support, $10,000,000, to remain available until expended. 

FEDERAL PRISONER DETENTION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses related to United States prisoners in the 

custody of the United States Marshals Service as authorized by 

section 4013 of title 18, United States Code, $1,454,414,000, to remain available until expended: Provided, That not to exceed 

$20,000,000 shall be considered ‘‘funds appropriated for State and 

local law enforcement assistance’’ pursuant to section 4013(b) of 

title 18, United States Code: Provided further, That the United 

States Marshals Service shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further,

That any unobligated balances available from funds appropriated 

under the heading ‘‘General Administration, Detention Trustee’’ 

shall be transferred to and merged with the appropriation under 

this heading. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to carry out the activities of the National 

Security Division, $96,000,000, of which not to exceed $5,000,000 

for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, 

upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such 

amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary 

to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be avail-
134

able for obligation or expenditure except in compliance with the 

procedures set forth in that section. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and 

prosecution of individuals associated with the most significant drug 

trafficking organizations, transnational organized crime, and 

money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of 

individuals involved in transnational organized crime and drug 

trafficking, $517,000,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from 

appropriations under this heading may be used under authorities 

available to the organizations reimbursed from this appropriation. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation 

for detection, investigation, and prosecution of crimes against the 

United States, $8,767,201,000, of which not to exceed $285,882,000 

shall remain available until expended: Provided, That not to exceed 

$184,500 shall be available for official reception and representation 

expenses: Provided further, That in addition to other funds provided for Construction projects, the Federal Bureau of Investigation 

may use up to $68,982,000 under this heading for all costs related 

to construction, conversion, modification and extension of federally 

owned and leased space; preliminary planning and design of 

projects; and operation and maintenance of secure work environment facilities and secure networking capabilities. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification 

and extension of federally owned buildings; preliminary planning 

and design of projects; and operation and maintenance of secure 

work environment facilities and secure networking capabilities; 

$420,178,000, to remain available until expended, of which 

$181,000,000 shall be derived by transfer from the Department of 

Justice’s Working Capital Fund: Provided, That $323,000,000 shall 

be for the new Federal Bureau of Investigation consolidated headquarters facility in the National Capital Region. 
135

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, 

including not to exceed $70,000 to meet unforeseen emergencies of 

a confidential character pursuant to section 530C of title 28, United 

States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value 

that promote the goals of such programs, $2,102,976,000, of which 

not to exceed $75,000,000 shall remain available until expended 

and not to exceed $90,000 shall be available for official reception 

and representation expenses. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training 

in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory 

assistance to State and local law enforcement agencies, with or 

without reimbursement, $1,258,600,000, of which not to exceed 

$36,000 shall be for official reception and representation expenses, 

not to exceed $1,000,000 shall be available for the payment of attorneys’ fees as provided by section 924(d)(2) of title 18, United 

States Code, and not to exceed $20,000,000 shall remain available 

until expended: Provided, That none of the funds appropriated 

herein shall be available to investigate or act upon applications for 

relief from Federal firearms disabilities under section 925(c) of title 

18, United States Code: Provided further, That such funds shall be 

available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 

925(c) of title 18, United States Code: Provided further, That no 

funds made available by this or any other Act may be used to 

transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments.

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance 

and advice on corrections related issues to foreign governments, 

$7,008,800,000: Provided, That the Attorney General may transfer 

to the Department of Health and Human Services such amounts as 

may be necessary for direct expenditures by that Department for 

medical relief for inmates of Federal penal and correctional institu-
136

tions: 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 pro- vided 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 prerelease services, halfway houses, or other custodial facilities. 

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and 

equipping of such facilities for penal and correctional use, including 

all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary 

buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract 

or force account, $130,000,000, to remain available until expended, 

of which $50,000,000 shall be available only for costs related to 

construction of new facilities: Provided, That labor of United States 

prisoners may be used for work performed under this appropriation.

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to 

make such contracts and commitments without regard to fiscal 

year limitations as provided by section 9104 of title 31, United 

States Code, as may be necessary in carrying out the program set 

forth in the budget for the current fiscal year for such corporation. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, 

United States Code, to be computed on an accrual basis to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting 
137

system requires to be capitalized or charged to cost of commodities 

acquired or produced, including selling and shipping expenses, and 

expenses in connection with acquisition, construction, operation, 

maintenance, improvement, protection, or disposition of facilities 

and other property belonging to the corporation or in which it has 

an interest. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, 

as authorized by the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Violent Crime 

Control and Law Enforcement Act of 1994 (Public Law 103–322) 

(‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 (Public 

Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies and 

Other Tools to end the Exploitation of Children Today Act of 2003 

(Public Law 108–21); the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 

106–386) (‘‘the 2000 Act’’); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109– 

162) (‘‘the 2005 Act’’); the Violence Against Women Reauthorization 

Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); and the Rape Survivor Child Custody Act of 2015 (Public Law 114–22) (‘‘the 2015 

Act’’); and for related victims services, $481,500,000, to remain 

available until expended, of which $326,000,000 shall be derived by 

transfer from amounts available for obligation in this Act from the 

Fund established by section 1402 of chapter XIV of title II of Public 

Law 98–473 (42 U.S.C. 10601), notwithstanding section 1402(d) of 

such Act of 1984, and merged with the amounts otherwise made 

available under this heading: Provided, That except as otherwise 

provided by law, not to exceed 5 percent of funds made available 

under this heading may be used for expenses related to evaluation, 

training, and technical assistance: Provided further, That of the 

amount provided— 

(1) $215,000,000 is for grants to combat violence against 

women, as authorized by part T of the 1968 Act; 

(2) $30,000,000 is for transitional housing assistance grants 

for victims of domestic violence, dating violence, stalking, or 

sexual assault as authorized by section 40299 of the 1994 Act; 

(3) $3,000,000 is for the National Institute of Justice for research and evaluation of violence against women and related 

issues addressed by grant programs of the Office on Violence 

Against Women, which shall be transferred to ‘‘Research, Evaluation and Statistics’’ for administration by the Office of Justice Programs; 
138

(4) $11,000,000 is for a grant program to provide services to 

advocate for and respond to youth victims of domestic violence, 

dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage 

men and youth in preventing such violence; and assistance to 

middle and high school students through education and other 

services related to such violence: Provided, That unobligated 

balances available for the programs authorized by sections 

41201, 41204, 41303, and 41305 of the 1994 Act, prior to its 

amendment by the 2013 Act, shall be available for this program: Provided further, That 10 percent of the total amount 

available for this grant program shall be available for grants 

under the program authorized by section 2015 of the 1968 Act: 

Provided further, That the definitions and grant conditions in 

section 40002 of the 1994 Act shall apply to this program; (5) $53,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $4,000,000 is 

for a homicide reduction initiative; 

(6) $35,000,000 is for sexual assault victims assistance, as 

authorized by section 41601 of the 1994 Act; (7) $35,000,000 is for rural domestic violence and child abuse 

enforcement assistance grants, as authorized by section 40295 

of the 1994 Act; 

(8) $20,000,000 is for grants to reduce violent crimes against 

women on campus, as authorized by section 304 of the 2005 

Act;

(9) $45,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $5,000,000 is for enhanced training and services to end 

violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act; (11) $16,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided, That unobligated balances available for the programs 

authorized by section 1301 of the 2000 Act and section 41002 

of the 1994 Act, prior to their amendment by the 2013 Act, 

shall be available for this program; (12) $6,000,000 is for education and training to end violence 

against and abuse of women with disabilities, as authorized by 

section 1402 of the 2000 Act; 

(13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; 

(14) $1,000,000 is for analysis and research on violence 

against Indian women, including as authorized by section 904 

of the 2005 Act: Provided, That such funds may be transferred 

to ‘‘Research, Evaluation and Statistics’’ for administration by 

the Office of Justice Programs; 

(15) $500,000 is for a national clearinghouse that provides 

training and technical assistance on issues relating to sexual 

assault of American Indian and Alaska Native women; 

(16) $4,000,000 is for grants to assist tribal governments in 

exercising special domestic violence criminal jurisdiction, as 

authorized by section 904 of the 2013 Act: Provided, That the 
139

grant conditions in section 40002(b) of the 1994 Act shall apply 

to this program; and (17) $1,500,000 for the purposes authorized under the 2015 

Act.

OFFICE OF JUSTICE PROGRAMS

RESEARCH, EVALUATION AND STATISTICS

(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (‘‘the 1968 Act’’); the Juvenile Justice and Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Missing 

Children’s Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21); the Justice for All Act 

of 2004 (Public Law 108–405); the Violence Against Women and 

Department of Justice Reauthorization Act of 2005 (Public Law 

109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990 

(Public Law 101–647); the Second Chance Act of 2007 (Public Law 

110–199); the Victims of Crime Act of 1984 (Public Law 98–473); 

the Adam Walsh Child Protection and Safety Act of 2006 (Public 

Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children Act of 2008 (Public Law 110–401); subtitle D of title II of the 

Homeland Security Act of 2002 (Public Law 107–296) (‘‘the 2002 

Act’’); the NICS Improvement Amendments Act of 2007 (Public 

Law 110–180); the Violence Against Women Reauthorization Act of 

2013 (Public Law 113–4) (‘‘the 2013 Act’’); and other programs, 

$89,000,000, to remain available until expended, of which— 

(1) $45,500,000 is for criminal justice statistics programs, 

and other activities, as authorized by part C of title I of the 

1968 Act, of which $5,000,000 is for a nationwide 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 
140

of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

the Trafficking Victims Protection Reauthorization Act of 2005 

(Public Law 109–164); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) 

(‘‘the 2005 Act’’); the Adam Walsh Child Protection and Safety Act 

of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Victims 

of Trafficking and Violence Protection Act of 2000 (Public Law 106– 

386); the NICS Improvement Amendments Act of 2007 (Public Law 

110–180); subtitle D of title II of the Homeland Security Act of 

2002 (Public Law 107–296) (‘‘the 2002 Act’’); the Second Chance Act 

of 2007 (Public Law 110–199); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110–403); 

the Victims of Crime Act of 1984 (Public Law 98–473); the Mentally Ill Offender Treatment and Crime Reduction Reauthorization 

and Improvement Act of 2008 (Public Law 110–416); the Violence 

Against Women Reauthorization Act of 2013 (Public Law 113–4) 

(‘‘the 2013 Act’’); the Comprehensive Addiction and Recovery Act of 

2016 (Public Law 114–198) (‘‘CARA’’); and other programs, 

$1,258,500,000, to remain available until expended as follows— (1) $396,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E 

of title I of the 1968 Act (except that section 1001(c), and the 

special rules for Puerto Rico under section 505(g) of title I of 

the 1968 Act shall not apply for purposes of this Act), of which, 

notwithstanding such subpart 1, $7,500,000 is for the Officer 

Robert Wilson III Memorial Initiative on Preventing Violence 

Against Law Enforcement Officer Resilience and Survivability 

(VALOR), $5,000,000 is for an initiative to support evidencebased 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 
141

114–223), as amended by the Further Continuing and Security 

Assistance Appropriations Act, 2017 (Public Law 114–254), is 

amended by inserting after ‘‘$7,000,000’’ the following: ‘‘, to remain available until September 30, 2017,’’; 

(2) $210,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and 

Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no jurisdiction shall request compensation for any cost greater than 

the actual cost for Federal immigration and other detainees 

housed in State and local detention facilities; 

(3) $45,000,000 for victim services programs for victims of 

trafficking, as authorized by section 107(b)(2) of Public Law 

106–386, for programs authorized under Public Law 109–164, 

or programs authorized under Public Law 113–4; 

(4) $13,000,000 for economic, high technology, white collar 

and Internet crime prevention grants, including as authorized 

by section 401 of Public Law 110–403; 

(5) $20,000,000 for sex offender management assistance, as 

authorized by the Adam Walsh Act, and related activities; 

(6) $22,500,000 for the matching grant program for law enforcement armor vests, as authorized by section 2501 of title I 

of the 1968 Act: Provided, That $1,500,000 is transferred directly to the National Institute of Standards and Technology’s 

Office of Law Enforcement Standards for research, testing and 

evaluation programs; 

(7) $1,000,000 for the National Sex Offender Public Website; 

(8) $73,000,000 for grants to States to upgrade criminal and 

mental health records for the National Instant Criminal Background Check System, of which no less than $25,000,000 shall 

be for grants made under the authorities of the NICS Improvement Amendments Act of 2007 (Public Law 110–180); 

(9) $13,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; 

(10) $125,000,000 for DNA-related and forensic programs 

and activities, of which— 

(A) $117,000,000 is for a DNA analysis and capacity enhancement program and for other local, State, and Federal 

forensic activities, including the purposes authorized under 

section 2 of the DNA Analysis Backlog Elimination Act of 

2000 (Public Law 106–546) (the Debbie Smith DNA Backlog Grant Program): Provided, That up to 4 percent of 

funds made available under this paragraph may be used 

for the purposes described in the DNA Training and Education for Law Enforcement, Correctional Personnel, and 

Court Officers program (Public Law 108–405, section 303); 

(B) $4,000,000 is for the purposes described in the Kirk 

Bloodsworth Post-Conviction DNA Testing Grant Program 

(Public Law 108–405, section 412); and 

(C) $4,000,000 is for Sexual Assault Forensic Exam Program grants, including as authorized by section 304 of 

Public Law 108–405; 

(11) $45,000,000 for a grant program for community-based 

sexual assault response reform; 
142

(12) $9,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; 

(13) $68,000,000 for offender reentry programs and research, 

as authorized by the Second Chance Act of 2007 (Public Law 

110–199), without regard to the time limitations specified at 

section 6(1) of such Act, of which not to exceed $6,000,000 is 

for a program to improve State, local, and tribal probation or 

parole supervision efforts and strategies, $5,000,000 is for Children of Incarcerated Parents Demonstrations to enhance and 

maintain parental and family relationships for incarcerated 

parents as a reentry or recidivism reduction strategy, and 

$4,000,000 is for additional replication sites employing the 

Project HOPE Opportunity Probation with Enforcement model 

implementing swift and certain sanctions in probation, and for 

a research project on the effectiveness of the model: Provided,

That up to $7,500,000 of funds made available in this paragraph may be used for performance-based awards for Pay for 

Success projects, of which up to $5,000,000 shall be for Pay for 

Success programs implementing the Permanent Supportive 

Housing Model; 

(14) $50,000,000 for the Comprehensive School Safety Initiative;

(15) $65,000,000 for initiatives to improve police-community 

relations, of which $22,500,000 is for a competitive matching 

grant program for purchases of body-worn cameras for State, 

local and tribal law enforcement, $25,000,000 is for a justice 

reinvestment initiative, for activities related to criminal justice 

reform and recidivism reduction, and $17,500,000 is for an Edward Byrne Memorial criminal justice innovation program; and 

(16) $103,000,000 for comprehensive opioid abuse reduction 

activities, including as authorized by CARA, and for the following programs, which shall address opioid abuse reduction 

consistent with underlying program authorities— 

(A) $43,000,000 for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; 

(B) $12,000,000 for mental health courts and adult and 

juvenile collaboration program grants, as authorized by 

parts V and HH of title I of the 1968 Act, and the Mentally 

Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110–416); 

(C) $14,000,000 for grants for Residential Substance 

Abuse Treatment for State Prisoners, as authorized by 

part S of title I of the 1968 Act; 

(D) $7,000,000 for a veterans treatment courts program; 

and

(E) $14,000,000 for a program to monitor prescription 

drugs and scheduled listed chemical products: 

Provided, That, if a unit of local government uses any of the funds 

made available under this heading to increase the number of law 

enforcement officers, the unit of local government will achieve a net 

gain in the number of law enforcement officers who perform nonadministrative public sector safety service. 
143

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and 

Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against 

Women and Department of Justice Reauthorization Act of 2005 

(Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies 

and Other Tools to end the Exploitation of Children Today Act of 

2003 (Public Law 108–21); the Victims of Child Abuse Act of 1990 

(Public Law 101–647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (‘‘the Adam 

Walsh Act’’); the PROTECT Our Children Act of 2008 (Public Law 

110–401); the Violence Against Women Reauthorization Act of 2013 

(Public Law 113–4) (‘‘the 2013 Act’’); and other juvenile justice programs, $247,000,000, to remain available until expended as follows—

(1) $55,000,000 for programs authorized by section 221 of the 

1974 Act, and for training and technical assistance to assist 

small, nonprofit organizations with the Federal grants process: 

Provided, That of the amounts provided under this paragraph, 

$500,000 shall be for a competitive demonstration grant program to support emergency planning among State, local and 

tribal juvenile justice residential facilities; 

(2) $80,000,000 for youth mentoring grants; 

(3) $14,500,000 for delinquency prevention, as authorized by 

section 505 of the 1974 Act, of which, pursuant to sections 261 

and 262 thereof— 

(A) $4,000,000 shall be for gang and youth violence education, prevention and intervention, and related activities; 

(B) $500,000 shall be for an Internet site providing information and resources on children of incarcerated parents; 

(C) $2,000,000 shall be for competitive grants focusing 

on girls in the juvenile justice system; and 

(D) $8,000,000 shall be for community-based violence 

prevention initiatives, including for public health approaches to reducing shootings and violence; 

(4) $21,000,000 for programs authorized by the Victims of 

Child Abuse Act of 1990; 

(5) $72,500,000 for missing and exploited children programs, 

including as authorized by sections 404(b) and 405(a) of the 

1974 Act (except that section 102(b)(4)(B) of the PROTECT Our 

Children Act of 2008 (Public Law 110–401) shall not apply for 

purposes of this Act); 

(6) $2,000,000 for child abuse training programs for judicial 

personnel and practitioners, as authorized by section 222 of the 

1990 Act; and 

(7) $2,000,000 for a program to improve juvenile indigent defense:

Provided, That not more than 10 percent of each amount may be 

used for research, evaluation, and statistics activities designed to 

benefit the programs or activities authorized: Provided further,

That not more than 2 percent of the amounts designated under 
144

paragraphs (1) through (4) and (6) may be used for training and 

technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant 

to sections 261 and 262 of the 1974 Act and to missing and exploited children programs. 

PUBLIC SAFETY OFFICER BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For payments and expenses authorized under section 1001(a)(4) 

of title I of the Omnibus Crime Control and Safe Streets Act of 

1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000 

for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General 

that emergent circumstances require additional funding for such 

disability and education payments, the Attorney General may 

transfer such amounts to ‘‘Public Safety Officer Benefits’’ from 

available appropriations for the Department of Justice as may be 

necessary to respond to such circumstances: Provided further, That 

any transfer pursuant to the preceding proviso shall be treated as 

a reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

COMMUNITY ORIENTED POLICING SERVICES

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For activities authorized by the Violent Crime Control and Law 

Enforcement Act of 1994 (Public Law 103–322); the Omnibus 

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); and 

the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’), 

$221,500,000, to remain available until expended: Provided, That 

any balances made available through prior year deobligations shall 

only be available in accordance with section 505 of this Act: Provided further, That of the amount provided under this heading— 

(1) $10,000,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement Administration upon enactment of this Act; 

(2) $194,500,000 is for grants under section 1701 of title I of 

the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of 

additional career law enforcement officers under part Q of such 

title notwithstanding subsection (i) of such section: Provided,

That, notwithstanding section 1704(c) of such title (42 U.S.C. 

3796dd–3(c)), funding for hiring or rehiring a career law enforcement officer may not exceed $125,000 unless the Director 

of the Office of Community Oriented Policing Services grants 

a waiver from this limitation: Provided further, That of the 

amounts appropriated under this paragraph, $5,000,000 is for 
145

community policing development activities in furtherance of 

the purposes in section 1701: Provided further, That within the 

amounts appropriated under this paragraph, $10,000,000 is for 

the collaborative reform model of technical assistance in furtherance of the purposes in section 1701: Provided further,

That of the amounts appropriated under this paragraph 

$35,000,000 is for regional information sharing activities, as 

authorized by part M of title I of the 1968 Act, which shall be 

transferred to and merged with ‘‘Research, Evaluation, and 

Statistics’’ for administration by the Office of Justice Programs: 

Provided further, That of the amounts appropriated under this 

paragraph, $7,500,000 is for activities authorized by the POLICE Act of 2016 (Public Law 114–199); 

(3) $7,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory 

dump seizures: Provided, That funds appropriated under this 

paragraph shall be utilized for investigative purposes to locate 

or investigate illicit activities, including precursor diversion, 

laboratories, or methamphetamine traffickers; and 

(4) $10,000,000 is for competitive grants to statewide law enforcement agencies in States with high rates of primary treatment admissions for heroin and other opioids: Provided, That 

these funds shall be utilized for investigative purposes to locate 

or investigate illicit activities, including activities related to 

the distribution of heroin or unlawful distribution of prescription opioids, or unlawful heroin and prescription opioid traffickers through statewide collaboration. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. In addition to amounts otherwise made available in 

this title for official reception and representation expenses, a total 

of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. 

SEC. 202. None of the funds appropriated by this title shall be 

available to pay for an abortion, except where the life of the mother 

would be endangered if the fetus were carried to term, or in the 

case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this 

section shall be null and void. 

SEC. 203. None of the funds appropriated under this title shall 

be used to require any person to perform, or facilitate in any way 

the performance of, any abortion. 

SEC. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort 

services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in 

any way diminishes the effect of section 203 intended to address 

the philosophical beliefs of individual employees of the Bureau of 

Prisons.
146

SEC. 205. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Justice 

in this Act may be transferred between such appropriations, but no 

such appropriation, except as otherwise specifically provided, shall 

be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated 

as a reprogramming of funds under section 505 of this Act and 

shall not be available for obligation except in compliance with the 

procedures set forth in that section. 

SEC. 206. None of the funds made available under this title may 

be used by the Federal Bureau of Prisons or the United States 

Marshals Service for the purpose of transporting an individual who 

is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, 

other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. 

SEC. 207. (a) None of the funds appropriated by this Act may be 

used by Federal prisons to purchase cable television services, or to 

rent or purchase audiovisual or electronic media or equipment used 

primarily for recreational purposes. 

(b) Subsection (a) does not preclude the rental, maintenance, or 

purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. 

SEC. 208. None of the funds made available under this title shall 

be obligated or expended for any new or enhanced information 

technology program having total estimated development costs in 

excess of $100,000,000, unless the Deputy Attorney General and 

the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the 

information technology program has appropriate program management controls and contractor oversight mechanisms in place, and 

that the program is compatible with the enterprise architecture of 

the Department of Justice. 

SEC. 209. The notification thresholds and procedures set forth in 

section 505 of this Act shall apply to deviations from the amounts 

designated for specific activities in this Act and in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act), and to any use of deobligated balances 

of funds provided under this title in previous years. 

SEC. 210. None of the funds appropriated by this Act may be 

used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget 

Circular A–76 or any successor administrative regulation, directive, 

or policy for work performed by employees of the Bureau of Prisons 

or of Federal Prison Industries, Incorporated. 

SEC. 211. Notwithstanding any other provision of law, no funds 

shall be available for the salary, benefits, or expenses of any 

United States Attorney assigned dual or additional responsibilities 

by the Attorney General or his designee that exempt that United 

States Attorney from the residency requirements of section 545 of 

title 28, United States Code. 

SEC. 212. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized 

to be made available) by law, with respect to funds appropriated 
147

by this title under the headings ‘‘Research, Evaluation and Statistics’’, ‘‘State and Local Law Enforcement Assistance’’, and ‘‘Juvenile 

Justice Programs’’— 

(1) up to 3 percent of funds made available to the Office of 

Justice Programs for grant or reimbursement programs may be 

used by such Office to provide training and technical assistance; and 

(2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts 

appropriated specifically for research, evaluation, or statistical 

programs administered by the National Institute of Justice and 

the Bureau of Justice Statistics, shall be transferred to and 

merged with funds provided to the National Institute of Justice 

and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to 

the authorizations for such grant or reimbursement programs. 

SEC. 213. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized 

to be made available) by law, up to 7 percent of funds made available for grant or reimbursement programs— 

(1) under the heading ‘‘State and Local Law Enforcement Assistance’’ (except for funds made available under paragraphs 

(1), (2), and (16) under such heading); and 

(2) under the headings ‘‘Juvenile Justice Programs’’ (except 

for funds made available under paragraph (5) under such 

heading) and ‘‘Community Oriented Policing Services Programs’’, to be transferred to and merged with funds made 

available under the heading ‘‘State and Local Law Enforcement Assistance’’, 

shall be available for tribal criminal justice assistance without regard to the authorizations for such grant or reimbursement programs.

SEC. 214. Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other 

Act making appropriations for fiscal years 2014 through 2017 for 

the following programs, waive the following requirements: 

(1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the 

Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3797w(g)(1)), the requirements under section 2976(g)(1) 

of such part. 

(2) For State, Tribal, and local reentry courts under part FF 

of title I of such Act of 1968 (42 U.S.C. 3797w–2(e)(1) and (2)), 

the requirements under section 2978(e)(1) and (2) of such part. 

(3) For the prosecution drug treatment alternatives to prison 

program under part CC of title I of such Act of 1968 (42 U.S.C. 

3797q–3), the requirements under section 2904 of such part. 

(4) For grants to protect inmates and safeguard communities 

as authorized by section 6 of the Prison Rape Elimination Act 

of 2003 (42 U.S.C. 15605(c)(3)), the requirements of section 

6(c)(3) of such Act. 

SEC. 215. Notwithstanding any other provision of law, section 

20109(a) of subtitle A of title II of the Violent Crime Control and 
148

Law Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not apply 

to amounts made available by this or any other Act. 

SEC. 216. None of the funds made available under this Act, other 

than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to 

an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law 

enforcement personnel of the United States continuously monitor 

or control the firearm at all times. 

SEC. 217. (a) None of the income retained in the Department of 

Justice Working Capital Fund pursuant to title I of Public Law 

102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for 

obligation during fiscal year 2017, except up to $40,000,000 may be 

obligated for implementation of a unified Department of Justice financial management system. (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working 

Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 

784; 28 U.S.C. 527 note) shall be available for obligation in fiscal 

year 2017, and any use, obligation, transfer or allocation of such 

funds shall be treated as a reprogramming of funds under section 

505 of this Act. 

(c) Not to exceed $10,000,000 of the excess unobligated balances 

available under section 524(c)(8)(E) of title 28, United States Code, 

shall be available for obligation during fiscal year 2017, and any 

use, obligation, transfer or allocation of such funds shall be treated 

as a reprogramming of funds under section 505 of this Act. 

SEC. 218. Discretionary funds that are made available in this Act 

for the Office of Justice Programs may be used to participate in 

Performance Partnership Pilots authorized under section 526 of division H of Public Law 113–76, section 524 of division G of Public 

Law 113–235, section 525 of division H of Public Law 114–113, and 

such authorities as are enacted for Performance Partnership Pilots 

in an appropriations Act for fiscal year 2017. 

SEC. 219. In addition to any other transfer authority available to 

the Department of Justice, for fiscal years 2017 through 2022, unobligated balances available in the Department of Justice Working 

Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 

784; 28 U.S.C. 527 note) may be transferred to the ‘‘Federal Bureau 

of Investigation, Construction’’ account, to remain available until 

expended for the new Federal Bureau of Investigation headquarters in the National Capital Region: Provided, That the cumulative total amount of funds transferred from the Working Capital 

Fund from fiscal year 2017 through 2022 pursuant to this section 

shall not exceed $315,000,000: Provided further, That transfers 

pursuant to this section shall not count against any ceiling on the 

use of unobligated balances transferred to the capital account of 

the Working Capital Fund in this or any other Act in any such fiscal year: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming under section 505 of this 

Act and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section. 
149

This title may be cited as the ‘‘Department of Justice Appropriations Act, 2017’’. 

TITLE III 

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, 

and rental of conference rooms in the District of Columbia, 

$5,555,000.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE

For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; 

maintenance and repair, facility planning and design; space flight, 

spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, 

United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, 

and operation of mission and administrative aircraft, 

$5,764,900,000, to remain available until September 30, 2018: Provided, That the formulation and development costs (with development cost as defined under section 30104 of title 51, United States 

Code) for the James Webb Space Telescope shall not exceed 

$8,000,000,000: Provided further, That should the individual identified under subsection (c)(2)(E) of section 30104 of title 51, United 

States Code, as responsible for the James Webb Space Telescope 

determine that the development cost of the program is likely to exceed that limitation, the individual shall immediately notify the 

Administrator and the increase shall be treated as if it meets the 

30 percent threshold described in subsection (f) of section 30104: 

Provided further, That, of the amounts provided, $275,000,000 is 

for an orbiter and a lander to meet the science goals for the Jupiter 

Europa mission as outlined in the most recent planetary science 

decadal survey: Provided further, That the National Aeronautics 

and Space Administration shall use the Space Launch System as 

the launch vehicle or vehicles for the Jupiter Europa mission, plan 

for an orbiter launch no later than 2022 and a lander launch no 

later than 2024, and include in the fiscal year 2018 budget the 5- 

year funding profile necessary to achieve these goals. 
150

AERONAUTICS

For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and 

services; maintenance and repair, facility planning and design; 

space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms 

or allowances therefor, as authorized by sections 5901 and 5902 of 

title 5, United States Code; travel expenses; purchase and hire of 

passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, 

$660,000,000, to remain available until September 30, 2018. 

SPACE TECHNOLOGY

For necessary expenses, not otherwise provided for, in the conduct and support of space technology research and development activities, including research, development, operations, support, and 

services; maintenance and repair, facility planning and design; 

space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms 

or allowances therefor, as authorized by sections 5901 and 5902 of 

title 5, United States Code; travel expenses; purchase and hire of 

passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, 

$686,500,000, to remain available until September 30, 2018: Provided, That $130,000,000 shall be for the RESTORE satellite servicing program for continuation of formulation and development activities for RESTORE and such funds shall not support activities 

solely needed for the asteroid redirect mission. 

EXPLORATION

For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and 

services; maintenance and repair, facility planning and design; 

space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms 

or allowances therefor, as authorized by sections 5901 and 5902 of 

title 5, United States Code; travel expenses; purchase and hire of 

passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, 

$4,324,000,000, to remain available until September 30, 2018: Provided, That not less than $1,350,000,000 shall be for the Orion 

Multi-Purpose Crew Vehicle: Provided further, That not less than 

$2,150,000,000 shall be for the Space Launch System (SLS) launch 

vehicle, which shall have a lift capability not less than 130 metric 

tons and which shall have core elements and an Exploration Upper 

Stage developed simultaneously: Provided further, That of the 

amounts provided for SLS, not less than $300,000,000 shall be for 

Exploration Upper Stage development: Provided further, That 

$429,000,000 shall be for exploration ground systems: Provided further, That the National Aeronautics and Space Administration 

(NASA) shall provide to the Committees on Appropriations of the 
151

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 Multi-Purpose 

Crew Vehicle: Provided further, That $395,000,000 shall be for exploration research and development. 

SPACE OPERATIONS

For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and 

services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance 

and repair, facility planning and design; program management; 

personnel and related costs, including uniforms or allowances 

therefor, as authorized by sections 5901 and 5902 of title 5, United 

States Code; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance and operation 

of mission and administrative aircraft, $4,950,700,000, to remain 

available until September 30, 2018. 

EDUCATION

For necessary expenses, not otherwise provided for, in the conduct and support of aerospace and aeronautical education research 

and development activities, including research, development, operations, support, and services; program management; personnel and 

related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and 

purchase, lease, charter, maintenance, and operation of mission 

and administrative aircraft, $100,000,000, to remain available until 

September 30, 2018, of which $18,000,000 shall be for the Experimental Program to Stimulate Competitive Research and 

$40,000,000 shall be for the National Space Grant College and Fellowship Program. 

SAFETY, SECURITY AND MISSION SERVICES

For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development 

activities, including research, development, operations, support, 

and services; maintenance and repair, facility planning and design; 

space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms 

or allowances therefor, as authorized by sections 5901 and 5902 of 

title 5, United States Code; travel expenses; purchase and hire of 

passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, 

maintenance, and operation of mission and administrative aircraft, 

$2,768,600,000, to remain available until September 30, 2018. 
152

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, 

construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $360,700,000, to remain available until September 30, 2022: Provided, That proceeds from leases 

deposited into this account shall be available for a period of 5 years 

to the extent and in amounts as provided in annual appropriations 

Acts: Provided further, That such proceeds referred to in the preceding proviso shall be available for obligation for fiscal year 2017 

in an amount not to exceed $9,470,300: Provided further, That each 

annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 20145 of title 51, United States Code. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $37,900,000, of which 

$500,000 shall remain available until September 30, 2018. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is 

claimed or the offer is withdrawn. 

Not to exceed 5 percent of any appropriation made available for 

the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any 

such transfers, except that ‘‘Construction and Environmental Compliance and Restoration’’ may be increased up to 15 percent by such 

transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 

505 of this Act and shall not be available for obligation except in 

compliance with the procedures set forth in that section. 

The spending plan required by this Act shall be provided by 

NASA at the theme, program, project and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for 

obligation or expenditure except in compliance with the procedures 

set forth in that section. 
153

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science 

Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 

86–209 (42 U.S.C. 1880 et seq.); services as authorized by section 

3109 of title 5, United States Code; maintenance and operation of 

aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $6,033,645,000, to remain 

available until September 30, 2018, of which not to exceed 

$544,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other 

Federal agencies for operational and science support and logistical 

and other related activities for the United States Antarctic program: Provided, That receipts for scientific support services and 

materials furnished by the National Research Centers and other 

National Science Foundation supported research facilities may be 

credited to this appropriation. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and 

other such capital assets pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized travel, $209,000,000, to remain available until expended. 

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science, mathematics and 

engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 (42 

U.S.C. 1861 et seq.), including services as authorized by section 

3109 of title 5, United States Code, authorized travel, and rental 

of conference rooms in the District of Columbia, $880,000,000, to 

remain available until September 30, 2018. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 

1861 et seq.); services authorized by section 3109 of title 5, United 

States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, 

United States Code; rental of conference rooms in the District of 

Columbia; and reimbursement of the Department of Homeland Security for security guard services; $330,000,000: Provided, That not 

to exceed $8,280 is for official reception and representation expenses: Provided further, That contracts may be entered into under 

this heading in fiscal year 2017 for maintenance and operation of 

facilities and for other services to be provided during the next fiscal 

year: Provided further, That of the amount provided for costs associated with the acquisition, occupancy, and related costs of new 

headquarters space, not more than $40,700,000 shall remain available until expended. 
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OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of 

experts and consultants under section 3109 of title 5, United States 

Code) involved in carrying out section 4 of the National Science 

Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 

(42 U.S.C. 1880 et seq.), $4,370,000: Provided, That not to exceed 

$2,500 shall be available for official reception and representation 

expenses.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $15,200,000, of 

which $400,000 shall remain available until September 30, 2018. 

ADMINISTRATIVE PROVISION

(INCLUDING TRANSFER OF FUNDS)

Not to exceed 5 percent of any appropriation made available for 

the current fiscal year for the National Science Foundation in this 

Act may be transferred between such appropriations, but no such 

appropriation shall be increased by more than 15 percent by any 

such transfers. Any transfer pursuant to this paragraph shall be 

treated as a reprogramming of funds under section 505 of this Act 

and shall not be available for obligation except in compliance with 

the procedures set forth in that section. 

This title may be cited as the ‘‘Science Appropriations Act, 2017’’. 

TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,200,000: Provided,

That none of the funds appropriated in this paragraph may be used 

to employ any individuals under Schedule C of subpart C of part 

213 of title 5 of the Code of Federal Regulations exclusive of one 

special assistant for each Commissioner: Provided further, That 

none of the funds appropriated in this paragraph shall be used to 

reimburse Commissioners for more than 75 billable days, with the 

exception of the chairperson, who is permitted 125 billable days: 

Provided further, That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly 

authorized by section 3 of the Civil Rights Commission Act of 1983 

(42 U.S.C. 1975a). 
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity 

Commission as authorized by title VII of the Civil Rights Act of 

1964, the Age Discrimination in Employment Act of 1967, the 

Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, 

section 501 of the Rehabilitation Act of 1973, the Civil Rights Act 

of 1991, the Genetic Information Nondiscrimination Act (GINA) of 

2008 (Public Law 110–233), the ADA Amendments Act of 2008 

(Public Law 110–325), and the Lilly Ledbetter Fair Pay Act of 2009 

(Public Law 111–2), including services as authorized by section 

3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States 

Code; nonmonetary awards to private citizens; and up to 

$29,500,000 for payments to State and local enforcement agencies 

for authorized services to the Commission, $364,500,000: Provided,

That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from 

available funds: Provided further, That the Commission may take 

no action to implement any workforce repositioning, restructuring, 

or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the 

Chair is authorized to accept and use any gift or donation to carry 

out the work of the Commission. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission, 

including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, 

$91,500,000, to remain available until expended. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out the 

purposes of the Legal Services Corporation Act of 1974, 

$385,000,000, of which $352,000,000 is for basic field programs and 

required independent audits; $5,000,000 is for the Office of Inspector General, of which such amounts as may be necessary may be 

used to conduct additional audits of recipients; $19,000,000 is for 

management and grants oversight; $4,000,000 is for client self-help 

and information technology; $4,000,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan repayment assistance: Provided, That the Legal Services Corporation may continue to provide 

locality pay to officers and employees at a rate no greater than that 

provided by the Federal Government to Washington, DC-based employees as authorized by section 5304 of title 5, United States 
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Code, notwithstanding section 1005(d) of the Legal Services Corporation Act (42 U.S.C. 2996(d)): Provided further, That the authorities provided in section 205 of this Act shall be applicable to 

the Legal Services Corporation: Provided further, That, for the purposes of section 505 of this Act, the Legal Services Corporation 

shall be considered an agency of the United States Government. 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services 

Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 

503, 504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 

shall be deemed to refer instead to 2016 and 2017, respectively. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission as 

authorized by title II of the Marine Mammal Protection Act of 1972 

(16 U.S.C. 1361 et seq.), $3,431,000. 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of the United States Trade 

Representative, including the hire of passenger motor vehicles and 

the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $62,000,000, of which 

$1,000,000 shall remain available until expended: Provided, That of 

the total amount made available under this heading, up to 

$15,000,000 may be derived from the Trade Enforcement Trust 

Fund established in subsection (a) of section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4405) for 

activities of the United States Trade Representative authorized by 

subsection (d) of such section, including transfers: Provided further,

That any transfer pursuant to paragraph (1) of such subsection (d) 

shall be treated as a reprogramming under section 505 of this Act: 

Provided further, That of the total amount made available under 

this heading, not to exceed $124,000 shall be available for official 

reception and representation expenses. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et 

seq.) $5,121,000, of which $500,000 shall remain available until 

September 30, 2018: Provided, That not to exceed $2,250 shall be 
157

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. 

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 
158

‘‘Made in America’’ inscription, or any inscription with the same 

meaning, to any product sold in or shipped to the United States 

that is not made in the United States, the person shall be ineligible 

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 

48, Code of Federal Regulations. 

(b)(1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall 

be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. 

(2) The term ‘‘promotional items’’ has the meaning given the 

term in OMB Circular A–87, Attachment B, Item (1)(f)(3). 

SEC. 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space 

Administration shall provide to the Committees on Appropriations 

of the House of Representatives and the Senate a quarterly report 

on the status of balances of appropriations at the account level. For 

unobligated, uncommitted balances and unobligated, committed 

balances the quarterly reports shall separately identify the 

amounts attributable to each source year of appropriation from 

which the balances were derived. For balances that are obligated, 

but unexpended, the quarterly reports shall separately identify 

amounts by the year of obligation. 

(b) The report described in subsection (a) shall be submitted 

within 30 days of the end of each quarter. 

(c) If a department or agency is unable to fulfill any aspect of a 

reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall 

fulfill such aspect to the maximum extent practicable under such 

accounting system and shall identify and describe in each quarterly 

report the extent to which such aspect is not fulfilled. 

SEC. 508. Any costs incurred by a department or agency funded 

under this Act resulting from, or to prevent, personnel actions 

taken in response to funding reductions included in this Act shall 

be absorbed within the total budgetary resources available to such 

department or agency: Provided, That the authority to transfer 

funds between appropriations accounts as may be necessary to 

carry out this section is provided in addition to authorities included 

elsewhere in this Act: Provided further, That use of funds to carry 

out this section shall be treated as a reprogramming of funds under 

section 505 of this Act and shall not be available for obligation or 

expenditure except in compliance with the procedures set forth in 

that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care 

and protection of loan collateral or grant property. 

SEC. 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, 

or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except 

for restrictions which are not applied equally to all tobacco or tobacco products of the same type. 

SEC. 510. Notwithstanding any other provision of law, amounts 

deposited or available in the Fund established by section 1402 of 
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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 EGovernment Initiatives shall be subject to the procedures set forth 

in section 505 of this Act. 

SEC. 514. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and 

Space Administration, the National Science Foundation, and the 

Legal Services Corporation shall conduct audits, pursuant to the 

Inspector General Act (5 U.S.C. App.), of grants or contracts for 

which funds are appropriated by this Act, and shall submit reports 

to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, 

within 180 days after initiating such an audit and every 180 days 

thereafter until any such audit is completed. 

(b) Within 60 days after the date on which an audit described in 

subsection (a) by an Inspector General is completed, the Secretary, 

Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public 

on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall 

be made available in redacted form to exclude— 

(1) any matter described in section 552(b) of title 5, United 

States Code; and 

(2) sensitive personal information for any individual, the 

public access to which could be used to commit identity theft 

or for other inappropriate or unlawful purposes. 

(c) Any person awarded a grant or contract funded by amounts 

appropriated by this Act shall submit a statement to the Secretary 

of Commerce, the Attorney General, the Administrator, Director, or 

President, as appropriate, certifying that no funds derived from the 

grant or contract will be made available through a subcontract or 

in any other manner to another person who has a financial interest 

in the person awarded the grant or contract. 

(d) The provisions of the preceding subsections of this section 

shall take effect 30 days after the date on which the Director of the 

Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform 

set of rules and requirements, substantially similar to the require-
160

ments in such subsections, consistently apply under the executive 

branch ethics program to all Federal departments, agencies, and 

entities.

SEC. 515. (a) None of the funds appropriated or otherwise made 

available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security 

categorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, ‘‘Standards for Security Categorization of Federal Information and Information Systems’’ unless the agency has— 

(1) reviewed the supply chain risk for the information systems against criteria developed by NIST and the Federal Bureau of Investigation (FBI) to inform acquisition decisions for 

high-impact and moderate-impact information systems within 

the Federal Government; 

(2) reviewed the supply chain risk from the presumptive 

awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and 

(3) in consultation with the FBI or other appropriate Federal 

entity, conducted an assessment of any risk of cyber-espionage 

or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, 

manufactured, or assembled by one or more entities identified 

by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, 

or subsidized by the People’s Republic of China. 

(b) None of the funds appropriated or otherwise made available 

under this Act may be used to acquire a high-impact or moderateimpact information system reviewed and assessed under subsection 

(a) unless the head of the assessing entity described in subsection 

(a) has— 

(1) developed, in consultation with NIST, the FBI, and supply chain risk management experts, a mitigation strategy for 

any identified risks; 

(2) determined, in consultation with NIST and the FBI, that 

the acquisition of such system is in the national interest of the 

United States; and 

(3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate and 

the agency Inspector General. 

SEC. 516. None of the funds made available in this Act shall be 

used in any way whatsoever to support or justify the use of torture 

by any official or contract employee of the United States Government.

SEC. 517. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available 

under this Act or any other Act may be expended or obligated by 

a department, agency, or instrumentality of the United States to 

pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export 

license for the export to Canada of components, parts, accessories 

or attachments for firearms listed in Category I, section 121.1 of 
161

title 22, Code of Federal Regulations (International Trafficking in 

Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) 

with a total value not exceeding $500 wholesale in any transaction, 

provided that the conditions of subsection (b) of this section are 

met by the exporting party for such articles. 

(b) The foregoing exemption from obtaining an export license— 

(1) does not exempt an exporter from filing any Shipper’s Export Declaration or notification letter required by law, or from 

being otherwise eligible under the laws of the United States to 

possess, ship, transport, or export the articles enumerated in 

subsection (a); and 

(2) does not permit the export without a license of— 

(A) fully automatic firearms and components and parts 

for such firearms, other than for end use by the Federal 

Government, or a Provincial or Municipal Government of 

Canada;

(B) barrels, cylinders, receivers (frames) or complete 

breech mechanisms for any firearm listed in Category I, 

other than for end use by the Federal Government, or a 

Provincial or Municipal Government of Canada; or 

(C) articles for export from Canada to another foreign 

destination.

(c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United 

States, or temporary import of Canadian-origin items from Canada 

for end use in the United States or return to Canada for a Canadian citizen. 

(d) The President may require export licenses under this section 

on a temporary basis if the President determines, upon publication 

first in the Federal Register, that the Government of Canada has 

implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of 

such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license 

when reasons for the temporary requirements have ceased. 

SEC. 518. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or 

expend in any way such funds to pay administrative expenses or 

the compensation of any officer or employee of the United States 

to deny any application submitted pursuant to 22 U.S.C. 

2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or 

.113, for a permit to import United States origin ‘‘curios or relics’’ 

firearms, parts, or ammunition. 

SEC. 519. None of the funds made available in this Act may be 

used to include in any new bilateral or multilateral trade agreement the text of— 

(1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement; 

(2) paragraph 4 of article 17.9 of the United States–Australia 

Free Trade Agreement; or 
162

(3) paragraph 4 of article 15.9 of the United States–Morocco 

Free Trade Agreement. 

SEC. 520. None of the funds made available in this Act may be 

used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau 

of Investigation to issue national security letters: The Right to Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 

2015; and the laws amended by these Acts. 

SEC. 521. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than 

$75,000,000 has reasonable cause to believe that the total program 

cost has increased by 10 percent or more, the program manager 

shall immediately inform the respective Secretary, Administrator, 

or Director. The Secretary, Administrator, or Director shall notify 

the House and Senate Committees on Appropriations within 30 

days in writing of such increase, and shall include in such notice: 

the date on which such determination was made; a statement of 

the reasons for such increases; the action taken and proposed to be 

taken to control future cost growth of the project; changes made in 

the performance or schedule milestones and the degree to which 

such changes have contributed to the increase in total program 

costs or procurement costs; new estimates of the total project or 

procurement costs; and a statement validating that the project’s 

management structure is adequate to control total project or procurement costs. 

SEC. 522. Funds appropriated by this Act, or made available by 

the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 

1947 (50 U.S.C. 3094) during fiscal year 2017 until the enactment 

of the Intelligence Authorization Act for fiscal year 2017. 

SEC. 523. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in an 

amount greater than $5,000,000 or to award a grant in excess of 

such amount unless the prospective contractor or grantee certifies 

in writing to the agency awarding the contract or grant that, to the 

best of its knowledge and belief, the contractor or grantee has filed 

all Federal tax returns required during the three years preceding 

the certification, has not been convicted of a criminal offense under 

the Internal Revenue Code of 1986, and has not, more than 90 days 

prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in 

compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a nonfrivolous administrative or judicial proceeding. 

(RESCISSIONS)

SEC. 524. (a) Of the unobligated balances from prior year appropriations available to the Department of Commerce, the following 
163

funds are hereby rescinded, not later than September 30, 2017, 

from the following accounts in the specified amounts— 

(1) ‘‘Economic Development Administration, Economic Devel- opment Assistance Programs’’, $10,000,000; 

(2) ‘‘National Oceanic and Atmospheric Administration, Op- erations, Research, and Facilities’’, $18,000,000; and 

(3) ‘‘National Oceanic and Atmospheric Administration, Pro- curement, 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 Ex- penses’’, $12,092,000; 

(9) ‘‘Federal Bureau of Investigation, Salaries and Expenses’’, $51,600,000; and 

(10) ‘‘Federal Prison System, Buildings and Facilities’’, $3,400,000.

(c) The Departments of Commerce and Justice shall submit to 

the Committees on Appropriations of the House of Representatives 

and the Senate a report no later than September 1, 2017, specifying the amount of each rescission made pursuant to subsections 

(a) and (b). 

SEC. 525. None of the funds made available in this Act may be 

used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the 

Code of Federal Regulations. 

SEC. 526. None of the funds made available in this Act may be 

used to send or otherwise pay for the attendance of more than 50 

employees from a Federal department or agency, who are stationed 

in the United States, at any single conference occurring outside the 

United States unless such conference is a law enforcement training 

or operational conference for law enforcement personnel and the 

majority of Federal employees in attendance are law enforcement 

personnel stationed outside the United States. 

SEC. 527. None of the funds appropriated or otherwise made 

available in this or any other Act may be used to transfer, release, 

or assist in the transfer or release to or within the United States, 
164

its territories, or possessions Khalid Sheikh Mohammed or any 

other detainee who— 

(1) is not a United States citizen or a member of the Armed 

Forces of the United States; and 

(2) is or was held on or after June 24, 2009, at the United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 528. (a) None of the funds appropriated or otherwise made 

available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or 

possessions to house any individual described in subsection (c) for 

the purposes of detention or imprisonment in the custody or under 

the effective control of the Department of Defense. 

(b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo 

Bay, Cuba. 

(c) An individual described in this subsection is any individual 

who, as of June 24, 2009, is located at United States Naval Station, 

Guantanamo Bay, Cuba, and who— 

(1) is not a citizen of the United States or a member of the 

Armed Forces of the United States; and 

(2) is— 

(A) in the custody or under the effective control of the 

Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 

SEC. 529. The Director of the Office of Management and Budget 

shall instruct any department, agency, or instrumentality of the 

United States receiving funds appropriated under this Act to track 

undisbursed balances in expired grant accounts and include in its 

annual performance plan and performance and accountability reports the following: 

(1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. 

(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts.

(3) Identification of undisbursed balances in expired grant 

accounts that may be returned to the Treasury of the United 

States.

(4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on 

the first day of each fiscal year) for the department, agency, or 

instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. 

SEC. 530. (a) None of the funds made available by this Act may 

be used for the National Aeronautics and Space Administration 

(NASA) or the Office of Science and Technology Policy (OSTP) to 

develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, 

collaborate, or coordinate bilaterally in any way with China or any 

Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. 
165

(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 assistancerelated activity. 

SEC. 533. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science 

Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United 

States Trade Representative, and the State Justice Institute shall 

submit spending plans, signed by the respective department or 

agency head, to the Committees on Appropriations of the House of 

Representatives and the Senate within 45 days after the date of enactment of this Act. 

SEC. 534. None of the funds made available by this Act may be 

obligated or expended to implement the Arms Trade Treaty until 

the Senate approves a resolution of ratification for the Treaty. 
166

SEC. 535. Notwithstanding any other provision of this Act, none 

of the funds appropriated or otherwise made available by this Act 

may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or 

for performance that does not meet the basic requirements of a contract.

SEC. 536. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate on any 

official travel to China by any employee of such Department or 

agency, including the purpose of such travel. 

SEC. 537. None of the funds made available in this Act to the Department of Justice may be used, with respect to any of the States 

of Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, 

New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of 

Columbia, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana. 

SEC. 538. None of the funds made available by this Act may be 

used in contravention of section 7606 (‘‘Legitimacy of Industrial 

Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113– 

79) by the Department of Justice or the Drug Enforcement Administration.

SEC. 539. Of the amounts made available by this Act, not less 

than 10 percent of each total amount provided, respectively, for 

Public Works grants authorized by the Public Works and Economic 

Development Act of 1965 and grants authorized by section 27 of 

the Stevenson-Wydler Technology Innovation Act of 1980 (15 

U.S.C. 3722) shall be allocated for assistance in persistent poverty 

counties: Provided, That for purposes of this section, the term ‘‘persistent poverty counties’’ means any county that has had 20 percent or more of its population living in poverty over the past 30 

years, as measured by the 1990 and 2000 decennial censuses and 

the most recent Small Area Income and Poverty Estimates. 

SEC. 540. For an additional amount for ‘‘National Aeronautics 

and Space Administration—Construction and Environmental Compliance and Restoration’’, $109,000,000, to remain available until 

expended, for repairs at National Aeronautics and Space Administration (NASA) owned facilities that directly support NASA’s mission which were damaged as a result of recent natural disasters: 

Provided, That such amount is designated by the Congress as an 

emergency requirement pursuant to section 251(b)(2)(A)(i) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 
167

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’’. 

(169)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H3365 of Book II.

[CLERK’S NOTE: Reproduced below is the material relating to division B contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Report language included in House Report 114–605 (‘‘the House 

report’’) or Senate Report 114–239 (‘‘the Senate report’’) that is not 

changed by this explanatory statement or this Act is approved. The 

explanatory statement, while repeating some language for emphasis, is not intended to negate the language referred to above unless 

expressly provided herein. In cases where both the House report 

and the Senate report address a particular issue not specifically addressed in the explanatory statement, the House report and the 

Senate report should be read as consistent and are to be interpreted accordingly. In cases where the House report or the Senate 

report directs the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations (‘‘the Committees’’). 

Each department and agency funded in this Act shall follow the 

directions set forth in this Act and the accompanying explanatory 

statement, and shall not reallocate resources or reorganize activities except as provided herein. Reprogramming procedures shall 

apply to: funds provided in this Act; unobligated balances from previous appropriations Acts that are available for obligation or expenditure in fiscal year 2017; and non-appropriated resources such 

as fee collections that are used to meet program requirements in 

fiscal year 2017. These procedures are specified in section 505 of 

this Act. 

Any reprogramming request shall include any out-year budgetary 

impacts and a separate accounting of program or mission impacts 

on estimated carryover funds. Any program, project or activity 

cited in this statement, or in the House report or the Senate report 

and not changed by this Act or statement, shall be construed as the 

position of the Congress and shall not be subject to reductions or 

reprogramming without prior approval of the Committees. Further, 

any department or agency funded in this Act that plans a reduction-in-force shall notify the Committees by letter no later than 30 

days in advance of the date of any such planned personnel action. 

When a department or agency submits a reprogramming or 

transfer request to the Committees and does not receive identical 

responses, it shall be the responsibility of the department or agency 

seeking the reprogramming to reconcile the differences between the 

two bodies before proceeding. If reconciliation is not possible, the 
170

items in disagreement in the reprogramming or transfer request 

shall be considered unapproved. Departments and agencies shall 

not submit reprogramming notifications after July 1, 2017, except 

in extraordinary circumstances. Any such notification shall include 

a description of the extraordinary circumstances. 

In compliance with section 533 of this Act, each department and 

agency funded in this Act shall submit spending plans, signed by 

the respective department or agency head, for the Committees’ review not later than 45 days after enactment of this Act. 

TITLE I—DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

This Act includes $495,000,000 in total resources for the programs of the International Trade Administration (ITA). This 

amount is offset by $12,000,000 in estimated fee collections, resulting in a direct appropriation of $483,000,000. In lieu of House and 

Senate report language regarding Enforcement and Compliance, 

the agreement includes $2,000,000 above the request for trade enforcement activities. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

This Act includes $112,500,000 for the Bureau of Industry and 

Security (BIS). In lieu of House report language regarding Export 

Enforcement, the agreement encourages BIS to prioritize export enforcement activities. 

ECONOMIC DEVELOPMENT ADMINISTRATION

This Act includes $276,000,000 for the programs and administrative expenses of the Economic Development Administration (EDA). 

Section 524 of this Act includes a rescission of $10,000,000 in Economic Development Assistance Program balances. The funds shall 

be derived from recoveries and unobligated grant funds that were 

not appropriated with emergency or disaster relief designations. 

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 

This Act includes $237,000,000 for Economic Development Assistance Programs. Funds are to be distributed as follows; any deviation of funds shall be subject to the procedures set forth in section 

505 of this Act: 

Public Works ................................................................................................................................................... $100,000,000 

Partnership Planning ...................................................................................................................................... 31,500,000 

Technical Assistance ...................................................................................................................................... 9,000,000 

Research and Evaluation ............................................................................................................................... 1,500,000 

Trade Adjustment Assistance ......................................................................................................................... 13,000,000 

Economic Adjustment Assistance. ................................................................................................................. $35,000,000 

Assistance to Coal Communities ................................................................................................................... 30,000,000 

Section 27 Regional Innovation Program Grants .......................................................................................... 17,000,000 

Total ....................................................................................................................................................... 237,000,00 
171

Revolving Loan Fund.—The agreement adopts the Senate language regarding the Revolving Loan Fund, and expects EDA to address the recommendations of the Office of the Inspector General’s 

Report entitled EDA Faces Challenges in Effectively Monitoring 

Revolving Loan Funds. 

Regional Innovation Program.—In lieu of Senate language regarding cluster grants, EDA shall spend no less than the fiscal 

year 2016 enacted amount on grants to support nonprofit, job-creating, revolving, equity-based seed capital funds. 

SALARIES AND EXPENSES

This Act includes $39,000,000 for EDA salaries and expenses. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

This Act includes $34,000,000 for the Minority Business Development Agency. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

This Act includes $107,300,000 for Economic and Statistical 

Analysis.

BUREAU OF THE CENSUS

This Act includes $1,d533,000,000 for the Bureau of the Census. 

CURRENT SURVEYS AND PROGRAMS

This Act includes $270,000,000 for the Current Surveys and Programs account of the Bureau of the Census. 

PERIODIC CENSUSES AND PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

This Act includes $1,200,000,000 for the Periodic Censuses and 

Programs account of the Bureau of the Census. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

This Act includes $32,000,000 for the Salaries and Expenses of 

the National Telecommunications and Information Administration 

(NTIA).

Low Power Television Translators.—The agreement directs NTIA 

to provide any requested technical assistance to the Federal Communications Commission in its efforts to address the needs of low 

power broadcasters. 
172

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

This Act includes language making available to the United 

States Patent and Trademark Office (USPTO) $3,230,000,000, the 

full amount of offsetting fee collections estimated for fiscal year 

2017 by the Congressional Budget Office. 

Quarterly reporting.—In addition to monthly reporting on actual 

and projected fee collections and performance, USPTO shall report 

to the Committees on a quarterly basis on operations, including 

data on application volumes and staffing status; on the status of 

the Patent End-to-End development, implementation, and performance; and on PTO’s implementation of recommendations made by 

the Office of Inspector General, the Government Accountability Office (GAO), and the National Academy of Public Administration. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

This Act includes $954,000,000 for the National Institute of 

Standards and Technology (NIST). 

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

(INCLUDING TRANSFER OF FUNDS)

This Act provides $690,000,000 for NIST’s Scientific and Technical Research and Services (STRS) account. The agreement provides up to the fiscal year 2016 enacted level for Lab to Market activities and for Standards Coordination and Special Programs. The 

agreement includes no less than the fiscal year 2016 level for biomanufacturing activities and for the Urban Dome program. 

Forensics.—The agreement does not adopt House report language 

regarding Forensic Science Advisory Committee activities. Instead, 

the agreement acknowledges a transfer of $3,000,000, the current 

funding level, from the Department of Justice to NIST to support 

ongoing interagency forensics programs. 

INDUSTRIAL TECHNOLOGY SERVICES

This Act includes $155,000,000 in total for Industrial Technology 

Services, including $130,000,000 for the Hollings Manufacturing 

Extension Partnership and $25,000,000 for the National Network 

for Manufacturing Innovation, to include funding for center establishment and up to $5,000,000 for coordination activities. The overall amount is offset by $2,000,000 in recoveries of prior-year obligations, resulting in a direct appropriation of $153,000,000. 

CONSTRUCTION OF RESEARCH FACILITIES

This Act includes $109,000,000 for Construction of Research Facilities, including no less than $60,000,000 for the design and renovation of the agency’s outdated and unsafe radiation physics infrastructure.
173

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

This Act includes a total program level of $3,515,539,000 under 

this account for the coastal, fisheries, marine, weather, satellite 

and other programs of the National Oceanic and Atmospheric Administration (NOAA). This total funding level includes 

$3,367,875,000 in direct appropriations; a transfer of $130,164,000 

from balances in the ‘‘Promote and Develop Fishery Products and 

Research Pertaining to American Fisheries’’ fund; and $17,500,000 

derived from recoveries of prior year obligations. 

The following narrative descriptions and tables identify the specific activities and funding levels included in this Act. 

National Ocean Service.—$517,400,000 is for the National Ocean 

Service.

NATIONAL OCEAN SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Navigation, Observations and Positioning 

Navigation, Observations and Positioning .................................................................................................. $149,000 

Integrated Ocean Observing System Regional Observations ...................................................................... 30,700

Hydrographic Survey Priorities/Contracts .................................................................................................... 27,000 

Navigation, Observations and Positioning ........................................................................................................... 206,700 

Coastal Science and Assessment 

Coastal Science, Assessment, Response and Restoration ......................................................................... 72,600

Competitive External Research .................................................................................................................... 10,000 

Coastal Science and Assessment ......................................................................................................................... 82,600 

Ocean and Coastal Management and Services 

Coastal Zone Management and Services .................................................................................................... 42,500 

Coastal Zone Management Grants .............................................................................................................. 85,000 

Coral Reef Program ..................................................................................................................................... 26,100 

Sanctuaries and Marine Protected Areas .................................................................................................... 51,000 

National Estuarine Research Reserve System ............................................................................................ 23,500 

Ocean and Coastal Management and Services ................................................................................................... 228,100 

Total, National Ocean Service, Operations, Research, and Facilities ................................................................. $517,400 

Navigations, Observations and Positioning.—Senate language is 

modified to stipulate that not more than 5 percent of funds available for the Hydrographic Survey Priorities/Contracts program may 

be used for internal Hydrographic Survey Priorities/Contracts program management costs. 

Coastal and Ocean Economy.—The agreement adopts House report language regarding the importance of coastal and ocean economies and provides up to $1,500,000 for NOAA to develop a Coastal 

and Ocean Economy Satellite account with the Bureau of Economic 

Analysis.

Integrated Ocean Observing System (IOOS).—The agreement 

adopts House and Senate language regarding IOOS, including Sen-
174

ate language regarding the Alliance for Coastal Technologies, and 

encourages NOAA to utilize funding within IOOS to obtain high 

frequency radars to fill critical gaps in ocean observing. 

Marine Debris.—The agreement provides $500,000 above the request for NOAA’s marine debris program. 

National Marine Sanctuary Research.—NOAA shall seek to fund 

research that uses tele-presence technology to explore and create 

maps of the deep-water regions of the National Marine Sanctuaries, including marine habitats, cultural sites and living and 

non-living marine resources. This research could emphasize locating and exploring undersea cave complexes within marine sanctuaries to better understand their unique biology, geology, and potential cultural resources. 

National Marine Fisheries Service (NMFS).—$851,543,000 is for 

NMFS Operations, Research, and Facilities. 

NATIONAL MARINE FISHERIES SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Protected Resources Science and Management 

Marine Mammals, Sea Turtles and Other Species ..................................................................................... $111,342 

Species Recovery Grants .............................................................................................................................. 6,200 

Atlantic Salmon ........................................................................................................................................... 6,224 

Pacific Salmon ............................................................................................................................................. 62,000 

Protected Resources Science and Management ................................................................................................... 185,766 

Fisheries Science and Management 

Fisheries and Ecosystem Science Programs and Services ......................................................................... 139,489

Fisheries Data Collections, Surveys and Assessments ............................................................................... 164,000 

Observers and Training ............................................................................................................................... 43,655 

Fisheries Management Programs and Services .......................................................................................... 117,051 

Aquaculture .................................................................................................................................................. 9,300 

Salmon Management Activities ................................................................................................................... 33,500 

Regional Councils and Fisheries Commissions ........................................................................................... 34,254 

Interjurisdictional Fisheries Grants ............................................................................................................. 3,004 

Fisheries Science and Management ..................................................................................................................... 544,253 

Enforcement .......................................................................................................................................................... 69,000 

Habitat Conservation and Restoration ................................................................................................................. 52,524 

Total, National Marine Fisheries Service, Operations, Research, and Facilities ................................................. $851,543

Prescott Grants.—Within funding provided for Marine Mammals, 

Sea Turtles, and Other Species, the agreement provides no less 

than the fiscal year 2016 amount for the John H. Prescott Marine 

Mammal Rescue Assistance grant program. 

Hatchery Genetic Management Plans.—The agreement adopts 

House language regarding Hatchery Genetic Management Plans, 

and provides $4,000,000 for those purposes. 

Salmon Management.—The agreement adopts House and Senate 

language regarding genetic stock identification research, and provides $1,500,000 for these efforts. The agreement adopts House and 

Senate language regarding the Pacific Salmon Treaty, and provides 

not less than $12,000,000 to fulfill these obligations. The Commit-
175

tees encourage NOAA to use remaining funding provided above the 

request for the operations and maintenance of Mitchell Act hatcheries.

Gulf of Mexico Red Snapper Stock Assessments.—House and Senate language regarding red snapper stock assessments in the Gulf 

of Mexico is adopted and up to $10,000,000 within Fisheries Data 

Collections, Surveys and Assessments shall be available for carrying out such purposes. 

Illegal, Unreported, and Unregulated (IUU) Fishing.—An increase of $1,000,000 is provided under Fisheries Management Programs and Services to combat IUU fishing. 

Office of Oceanic and Atmospheric Research (OAR).—

$477,725,000 is for OAR Operations, Research, and Facilities. 

OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Climate Research 

Laboratories and Cooperative Institutes ..................................................................................................... $60,000 

Regional Climate Data and Information ..................................................................................................... 38,000 

Climate Competitive Research, Sustained Observations and Regional Information ................................. 60,000 

Climate Research .................................................................................................................................................. 158,000 

Weather and Air Chemistry Research 

Laboratories and Cooperative Institutes ..................................................................................................... 80,000 

U.S. Weather Research Program .................................................................................................................. 10,600 

Tornado Severe Storm Research/Phased Array Radar ................................................................................ 13,158 

Joint Technology Transfer Initiative ............................................................................................................. 10,000 

Weather and Air Chemistry Research ................................................................................................................... 113,758 

Ocean, Coastal and Great Lakes Research 

Laboratories and Cooperative Institutes ..................................................................................................... 32,000 

National Sea Grant College Program .......................................................................................................... 63,000 

Marine Aquaculture Program ....................................................................................................................... 9,500 

Ocean Exploration and Research ................................................................................................................. 36,000 

Integrated Ocean Acidification .................................................................................................................... 10,500 

Sustained Ocean Observations and Monitoring .......................................................................................... 41,823 

Ocean, Coastal and Great Lakes Research .......................................................................................................... 192,823 

High Performance Computing Initiatives ............................................................................................................. 12,144 

Research Transition Acceleration Program ........................................................................................................... 1,000 

Total, Office of Oceanic and Atmospheric Research, Operations, Research, and Facilities .............................. $477,725 

Airborne Phased Array Radar (APAR).—The agreement provides 

an increase of $2,600,000 under NOAA’s U.S. Weather Research 

Program to research and develop aircraft-based hazardous weather 

observing systems, such as APAR. 

National Sea Grant College Program.—The agreement provides 

$63,000,000 for the National Sea Grant College Program and consolidates funding for Red Snapper assessment work under the National Marine Fisheries Service. Therefore, funding provided to Sea 

Grant is effectively above the fiscal year 2016 level. 

Mariculture.—The agreement does not adopt House language regarding mariculture. 
176

National Weather Service (NWS).—$979,779,000 is for NWS Operations, Research, and Facilities. 

NATIONAL WEATHER SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Observations ......................................................................................................................................................... $216,363 

Central Processing ................................................................................................................................................ 92,790 

Analyze, Forecast and Support ............................................................................................................................. 487,325 

Dissemination ....................................................................................................................................................... 46,743 

Science and Technology Integration ..................................................................................................................... 136,558 

Total, National Weather Service, Operations, Research, and Facilities .............................................................. $979,779 

National Environmental Satellite, Data and Information Service.—$222,590,000 is for National Environmental Satellite, Data 

and Information Service Operations, Research, and Facilities. 

NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Office of Satellite and Product Operations .......................................................................................................... $129,900 

Product Development, Readiness and Application ............................................................................................... 31,000 

Commercial Remote Sensing Regulatory Affairs ........................................................................................ 1,200 

Office of Space Commercialization ............................................................................................................. 800 

Group on Earth Observations ...................................................................................................................... 500 

Environmental Satellite Observing Systems ......................................................................................................... 163,400 

National Centers for Environmental Information ................................................................................................. 59,190 

Total, National Environmental Satellite, Data and Information Service, Operations, Research, and Facilities $222,590 

Mission Support.—$255,371,000 is for Mission Support. 

MISSION SUPPORT 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Mission Support 

Executive Leadership ................................................................................................................................... $27,000 

Mission Services and Management ............................................................................................................. 148,390 

IT Security .................................................................................................................................................... 10,050 

Payment to DOC Working Capital Fund ...................................................................................................... 43,000 

Mission Support .................................................................................................................................................... 228,440 

Office of Education 

BWET Regional Programs ............................................................................................................................ 7,500 

Education Partnership Program/Minority Serving Institutions .................................................................... 14,431

NOAA Education Program Base ................................................................................................................... 5,000 
177

MISSION SUPPORT—Continued 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Office of Education ............................................................................................................................................... 26,931 

Total, Mission Support, Operations, Research and Facilities .............................................................................. $255,371 

Office of Marine and Aviation Operations (OMAO).—

$211,131,000 is for OMAO Operations, Research, and Facilities. 

OFFICE of MARINE AND AVIATION OPERATIONS 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Office of Marine and Aviation Operations 

Marine Operations and Maintenance .......................................................................................................... $178,838 

Aviation Operations and Aircraft Services .................................................................................................. 32,293 

Office of Marine and Aviation Operations ............................................................................................................ $211,131 

PROCUREMENT, ACQUISITION AND CONSTRUCTION 

(INCLUDING TRANSFER OF FUNDS)

This Act includes a total program level of $2,255,610,000 in direct obligations for NOAA Procurement, Acquisition and Construction (PAC), of which $2,242,610,000 is appropriated from the general fund and $13,000,000 is derived from recoveries of prior year 

obligations. The following narrative and table identify the specific 

activities and funding levels included in this Act: 

PROCUREMENT, ACQUISITION and CONSTRUCTION 

(in thousands of dollars) 

Program Amount 

National Ocean Service 

National Estuarine Research Reserve Construction .................................................................................... $1,700 

Marine Sanctuaries Construction ................................................................................................................ 2,000 

Total, National Ocean Service—PAC .................................................................................................................... 3,700 

Office of Oceanic and Atmospheric Research 

Research Supercomputing/CCRI ......................................................................................................... 36,379 

National Weather Service 

Observations ....................................................................................................................................... 32,755 

Central Processing .............................................................................................................................. 66,761 

Dissemination ..................................................................................................................................... 34,619 

Subtotal, National Weather Service, Systems Acquisition .......................................................................... 134,135 

Weather Forecast Office Construction ................................................................................................ 7,650 

Total, National Weather Service—PAC ................................................................................................................. 141,785 
178

PROCUREMENT, ACQUISITION and CONSTRUCTION—Continued 

(in thousands of dollars) 

Program Amount 

National Environmental Satellite, Data and Information Service 

GOES–R ............................................................................................................................................... 752,784 

Polar Follow-on ................................................................................................................................... 328,900 

Space Weather Follow-on .................................................................................................................... 5,000 

Jason–3 ............................................................................................................................................... 4,357 

Joint Polar Satellite System (JPSS) ..................................................................................................... 787,246 

CDARS ................................................................................................................................................. 500 

DSCOVR ............................................................................................................................................... 3,745 

COSMIC 2/GNSS RO ............................................................................................................................ 8,100 

Satellite Ground Services .................................................................................................................... 54,000 

System Architecture and Advanced Planning .................................................................................... 3,929

Projects, Planning, and Analysis ........................................................................................................ 25,200 

Commercial Weather Data Pilot ......................................................................................................... 5,000 

Subtotal, NESDIS Systems Acquisition ........................................................................................................ 1,978,761 

Satellite CDA Facility .......................................................................................................................... 2,228 

Total, NESDIS—PAC ............................................................................................................................................. 1,980,989 

Mission Support 

NOAA Construction ....................................................................................................................................... 6,057 

Office of Marine and Aviation Operations 

Fleet Capital Improvements and Technology Infusion ................................................................................ 11,700 

New Vessel Construction ............................................................................................................................. 75,000 

Total, OMAO—PAC ................................................................................................................................................ 86,700 

Total, Procurement, Acquisition, and Construction .............................................................................................. $2,255,610 

Earth Observing Nanosatellite-Microwave (EON–MW).—Within

funds provided, NOAA may advance the EON–MW mission, provided that doing so does not negatively impact Polar Follow-On. 

Constellation Observing System for Meteorology, Ionosphere and 

Climate-2 (COSMIC–2)/Global Navigation Satellite System—Radio 

Occultation (GNSS–RO).—The Act does not include funding for the 

second set of COSMIC–2 sensors as NOAA has not confirmed 

launch services for this proposed polar constellation. The Committees expect NOAA to fully evaluate competitively purchased commercial weather data as a method to acquire new radio occultation 

(RO) data. Within 90 days of enactment of this Act, NOAA shall 

submit an analysis of options for acquiring polar RO data that includes a cost analysis of all alternatives and demonstrates that 

NOAA has thoroughly reviewed potential commercial RO sources. 

If the plan proposes moving forward with additional COSMIC–2 

satellites, the plan shall include the total cost to the U.S. government of developing, procuring, launching, and operating COSMIC– 

2 polar orbiting satellites, including how they would be launched 

and what Federal agency would incur that cost. 

High Performance Computing.—Senate language regarding collaborative high performance computing is modified to provide that 

within funding for OAR Research Supercomputing, $14,000,000 

shall be used for such purposes. 
179

PACIFIC COASTAL SALMON RECOVERY 

This Act includes $65,000,000 for Pacific Coastal Salmon Recovery.

FISHERMEN’S CONTINGENCY FUND 

This Act includes $350,000 for the Fishermen’s Contingency 

Fund.

FISHERIES FINANCE PROGRAM ACCOUNT 

This Act includes language under this heading limiting obliga- tions of direct loans to $24,000,000 for Individual Fishing Quota 

loans and $100,000,000 for traditional direct loans. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

This Act includes $58,000,000 for Departmental Management 

salaries and expenses. 

RENOVATION AND MODERNIZATION

(INCLUDING TRANSFER OF FUNDS)

This Act includes $4,000,000 for continuing renovation activities 

only at the Herbert C. Hoover Building. 

OFFICE OF INSPECTOR GENERAL

This Act includes a total of $38,626,000 for the Office of Inspec- tor General (OIG). This amount includes $32,744,000 in direct appropriations, a $2,000,000 transfer from USPTO, a transfer of 

$2,580,000 from the Bureau of the Census, Periodic Censuses and 

Programs, and $1,302,000 from NOAA PAC for audits and reviews 

of those programs. 

Working Capital Fund Audits.—The agreement emphasizes Senate language directing the OIG to continually audit all working 

capital funds within the Department of Commerce and directs the 

OIG to provide the committees with quarterly updates on such audits.

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING TRANSFER OF FUNDS)

This Act includes the following general provisions for the Department of Commerce: 

Section 101 makes funds available for advanced payments only 

upon certification of officials, designated by the Secretary, that 

such payments are considered to be in the public interest. 

Section 102 makes appropriations for Department salaries and 

expenses available for hire of passenger motor vehicles, for services, and for uniforms and allowances as authorized by law. 

Section 103 provides the authority to transfer funds between Department of Commerce appropriation accounts and requires 15 

days advance notification to the Committees on Appropriations for 

certain actions. 
180

Section 104 provides congressional notification requirements for 

NOAA satellite programs and includes life cycle cost estimates for 

certain weather satellite programs. 

Section 105 provides for reimbursement for services within Department of Commerce buildings. 

Section 106 clarifies that grant recipients under the Department 

of Commerce may continue to deter child pornography, copyright 

infringement, or any other unlawful activity over their networks. 

Section 107 provides the NOAA Administrator with the authority 

to avail NOAA of resources, with the consent of those supplying the 

resources, to carry out responsibilities of any statute administered 

by NOAA. 

Section 108 prohibits the National Technical Information Service 

from charging for certain services. 

Section 109 provides NOAA with authority to waive certain bond 

requirements.

Section 110 prohibits funds for certain fishery management policies in the Gulf of Mexico. 

Section 111 authorizes NOAA to receive payments from other entities to defray some costs of permitting and regulatory activities. 

Section 112 provides the Economics and Statistics Administration certain authority to enter into cooperative agreements. 

Section 113 directs NOAA to take appropriate actions regarding 

certain research, exploration, and salvage activities. 

TITLE II—DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION 

SALARIES AND EXPENSES

This Act includes $114,124,000 for General Administration, Salaries and Expenses. Within the funding provided, the Department 

of Justice (DOJ) is directed to give priority to sustaining work of 

the Justice Management Division in managing and supporting DOJ 

missions.

Countering the Heroin and Opioid Epidemic.—DOJ shall take 

steps to build on its programs to contain and reduce heroin trafficking and abuse of opioids. This scourge continues to threaten 

public health and safety, and addressing it must be a top Departmental priority. This Act includes substantial funding for both DOJ 

enforcement and grant assistance programs, including significant 

increases such as $103,000,000 to implement the Comprehensive 

Addiction and Recovery Act of 2016 (Public Law 114–198), and 

DOJ shall report on its progress in these efforts as specified in 

House and Senate reports. 

Expenditure Plans and Non-Appropriated Funds Reporting.—Section 533 of this Act requires the Department to submit an annual 

spending plan for DOJ and its components. DOJ shall provide 

within this submission programmatic and agency spending and 

performance details specified in House and Senate reports regarding collections, balances, and obligations of non-appropriated funds, 

to include the Working Capital Fund (WCF) and associated information about collections from appropriated funds; retained earnings and unobligated transfers; and civil debt collection proceeds 
181

(‘‘Three Percent Fund’’). The plan shall include reporting on Assets 

Forfeiture Fund collections, balances, and obligations, and on 

Criminal Justice Information Services fingerprint checks fees. DOJ 

shall provide quarterly reports to the Committees on Appropriations with updated information on the collections, balances, and obligations of these funds, and continue to improve methodologies for 

projecting anticipated future year collections. 

Guidance to Communities.—DOJ shall report to the Committees 

on Appropriations not later than 180 days after enactment of this 

Act on how it can assist States and local communities that seek 

Federal aid in recovering from significant or large scale incidents, 

such as terrorist attacks. The plan, to be developed in consultation 

with the Department of Homeland Security, shall describe how 

communities can be supported with resources or technical assistance for immediate recovery efforts as well as for longer-term 

needs. The plan should identify key points of contact and how DOJ 

will ensure information on relevant grant and other assistance programs is easily available to the public. 

Gunshot Detection Technology.—The Committees are aware of 

developments in gunshot detection technology and surveillance, 

and encourage Federal law enforcement agencies and the Office of 

Justice Programs to work with State and local agencies on collecting and analyzing data from such systems to address gun 

crimes.

Native Children’s Commission.—Within the funds provided, DOJ 

is directed to support a Native Children’s Commission as specified 

in the Alyce Spotted Bear and Walter Soboleff Commission on Native Children’s Act (Public Law 114–244). 

Federal Water Usage Violations. —The agreement does not adopt 

language in either the House or the Senate report regarding Federal water usage violations. 

Internet Gambling.—The agreement does not adopt any changes 

to the implementation of the Wire Act. 

JUSTICE INFORMATION SHARING TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

This Act includes $31,000,000 for Justice Information Sharing 

Technology. Within the funding authority provided in the Act, the 

Department is expected to pursue initiatives for continuous monitoring for information security and insider threat prevention and 

detection.

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

(INCLUDING TRANSFER OF FUNDS)

This Act includes $440,000,000 for the Executive Office for Immigration Review (EOIR), of which $4,000,000 is derived by transfer 

from fee collections. This reflects funding for EOIR in a separate 

appropriation account, in lieu of being funded under the former Administrative Review and Appeals appropriation. 

Within the funding provided, EOIR is directed to continue ongoing programs, continue the hiring process of new judges funded in 

fiscal year 2016, recruit and hire no fewer than 10 new Immigra-
182

tion Judge (IJ) Teams, and complete modernization of mission critical systems and improvements in infrastructure as described in 

the budget request. 

Immigration Judge Hiring and Adjudication Backlog.—The Department shall accelerate its recruitment, background investigation, and placement of IJ teams and establish median days pending 

targets for cases (detained and non-detained) as specified in the 

House Report. For fiscal year 2017, EOIR shall continue to submit 

monthly performance and operating reports to the Committees on 

Appropriations, to include the status of its hiring and deployment 

of new IJ teams, in the format and level of detail provided in fiscal 

year 2016. In addition, not later than 60 days after the date of enactment of this Act, EOIR shall report to the Committees on Appropriations on visa overstay cases as directed in the House report. 

OFFICE OF INSPECTOR GENERAL

This Act includes $95,583,000 for the Office of Inspector General. 

UNITED STATES PAROLE COMMISSION 

SALARIES AND EXPENSES

This Act includes $13,308,000 for the salaries and expenses of 

the United States Parole Commission. 

LEGAL ACTIVITIES 

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

This Act includes $897,500,000 for General Legal Activities. 

Funding is included to maintain the operations of the Office of the 

Pardon Attorney within this level, which was previously funded 

under the former Administrative Review and Appeals appropriation, and to sustain funding for the Civil Rights Division at no less 

than the fiscal year 2016 level. As the Committees strongly support 

the efforts of INTERPOL, DOJ is directed to further enhance the 

INTERPOL mission. 

VACCINE INJURY COMPENSATION TRUST FUND

This Act includes a reimbursement of $10,000,000 for DOJ expenses associated with litigating cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660). 

SALARIES AND EXPENSES, ANTITRUST DIVISION

This Act includes $164,977,000 for the Antitrust Division. This 

appropriation is offset by an estimated $125,000,000 in pre-merger 

filing fee collections, resulting in a direct appropriation of 

$39,977,000.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

This Act includes $2,035,000,000 for the Executive Office for 

United States Attorneys and the 94 United States Attorneys’ offices, of which $25,000,000 shall remain available until expended. 

Within funding provided, DOJ shall enhance efforts to combat 

cybercrime (including intellectual property rights violations and 
183

child pornography); drug trafficking (including opioids and prescription drugs); civil rights violations (including sex and labor trafficking); and child sexual exploitation. 

UNITED STATES TRUSTEE SYSTEM FUND

This Act includes $225,908,000 for the United States Trustee 

Program. The recommended funding is offset by $163,000,000 in 

estimated fee collections for a net direct appropriation of 

$62,908,000.

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

This Act includes $2,374,000 for the Foreign Claims Settlement 

Commission.

FEES AND EXPENSES OF WITNESSES

This Act includes $270,000,000 for Fees and Expenses of Witnesses.

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

(INCLUDING TRANSFER OF FUNDS)

This Act includes $15,500,000 for the Community Relations Service.

ASSETS FORFEITURE FUND

This Act includes $20,514,000 for the Assets Forfeiture Fund 

(AFF). As the Committees were alarmed by the Department’s unexpected suspension of reimbursements to States and localities in fiscal year 2016, the Department shall make all approved equitable 

sharing distribution payments in a timely fashion and not suspend 

the program. The Department shall notify the Committees on Appropriations through the quarterly reporting process described 

under General Administration of any change to its proposed distributions of funds within the AFF. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

This Act includes $1,249,040,000 for the salaries and expenses of 

the United States Marshals Service (USMS). Within funding provided, USMS shall enhance its implementation of enforcement of 

laws relating to international travel of sex offenders, as described 

in House and Senate reports, and employ USMS and DOJ resources to expand the regional fugitive task force program. 

CONSTRUCTION

This Act includes $10,000,000 for construction and related expenses in space controlled, occupied or utilized by the USMS for 

prisoner holding and related support. 
184

FEDERAL PRISONER DETENTION

(INCLUDING TRANSFER OF FUNDS)

This Act includes $1,454,414,000 for Federal Prisoner Detention. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

This Act includes $96,000,000 for the salaries and expenses of 

the National Security Division. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

This Act includes $517,000,000 for the Organized Crime and 

Drug Enforcement Task Forces, of which $357,200,000 is for investigations and $159,800,000 is for prosecutions. Within funding provided, the Department is expected to pursue establishment of a colocated southwest border strike force. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

This Act includes $8,767,201,000 for the salaries and expenses of 

the Federal Bureau of Investigation (FBI), including $1,748,000,000 

for Intelligence, $3,588,000,000 for Counterterrorism and Counterintelligence, $2,919,901,000 for Criminal Enterprises and Federal 

Crimes, and $511,300,000 for Criminal Justice Services. Within 

counterterrorism and counterintelligence funding, the FBI shall 

continue to support full operations of the Terrorist Explosive Device Analytical Center, Hazardous Devices School, Weapons of 

Mass Destruction Directorate, Ballistic Research Facility, and related co-located operations as proposed by the Senate. The Act provides that of the $285,882,000 in funding available until expended, 

up to $68,982,000 may be used for the Secure Work Environment 

program.

In addition, within funding provided, the FBI is expected to enhance its investigative and intelligence efforts related to terrorism, 

national security, and cyber threats, to include strengthening the 

Cyber Division, and support fully the programs of the Criminal 

Justice Information Services Division, including the National Instant Criminal Background Check System, as described in House 

and Senate reports. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

This Act includes $420,178,000 for FBI construction, of which 

$181,000,000 shall be derived by transfer from the Department of 

Justice’s Working Capital Fund. The Act includes $75,500,000 for 

the FBI’s 21st Century Facilities program, $323,000,000 for the 
185

new FBI headquarters program, and funding for base construction 

requirements.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

This Act includes a direct appropriation of $2,102,976,000 for the 

salaries and expenses of the Drug Enforcement Administration 

(DEA), including funding to establish four new heroin enforcement 

teams. In addition, DEA expects to derive $382,662,000 from fees 

deposited in the Diversion Control Fund to carry out the Diversion 

Control Program, resulting in $2,485,638,000 in total spending authority for DEA. 

The agreement also includes language under the Community 

Oriented Policing Services Programs account transferring 

$10,000,000 to DEA for methamphetamine lab cleanup. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

This Act includes $1,258,600,000 for the salaries and expenses of 

the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

Funding provided shall be used for inflationary cost adjustments, 

to maintain current staffing levels, and to improve services. ATF 

shall brief the Committees on Appropriations on its plans to address the National Firearms Act application backlog as specified in 

the House report. Within funding provided, ATF is expected to pursue advanced counter explosive research as described in the Senate 

report.

As a modification to Senate report language, ATF is directed to 

expeditiously conduct the environmental contaminants and noise 

studies outlined in the fiscal year 2016 ATF National Center for 

Explosives Training and Research Report, and provide a timeline 

for completing these studies and reporting the findings to the Committees on Appropriations as part of the Department’s spending 

plan.

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

This Act includes $7,008,800,000 for the salaries and expenses of 

the Federal Prison System. Within the funding provided, Bureau of 

Prisons (BOP) shall develop and submit a capacity realignment 

plan as specified in the House report, not later than 90 days after 

enactment of this Act. 

BUILDINGS AND FACILITIES

This Act includes $130,000,000 for the construction, acquisition, 

modernization, maintenance, and repair of prison and detention facilities housing Federal inmates. Within this amount $50,000,000 

is for costs related to construction of new facilities. Also within this 

amount, not less than $80,000,000 is for maintenance and repairs 
186

of existing facilities, to include inmate work areas, of which not to 

exceed $14,000,000 shall be available to construct areas for inmate 

work programs, and of which up to $13,000,000 can be used for the 

cost of base construction staff and operations. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

This Act includes a limitation on administrative expenses of $2,700,000 for Federal Prison Industries, Incorporated. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

In total, this Act includes $2,393,800,000 for State and local law 

enforcement and crime prevention programs. This amount includes 

$2,313,800,000 in discretionary budget authority, of which 

$326,000,000 is derived by transfer from the Crime Victims Fund 

and $7,000,000 is contained in Public Law 114–254. This amount 

also includes $73,000,000 scored as mandatory for Public Safety Officer Benefits. 

House and Senate report language regarding management and 

administration expenses is adopted by reference, and it is clarified 

that the Department’s methodology for assessing these costs should 

be both fair and equitable across all grant programs. 

The agreement includes a limitation on obligations from the Crime Victims Fund of $2,573,000,000 as stipulated in section 510 

of this Act, which is the three-year average of collections into the 

fund. As the limitation has been significantly increased from 

$745,000,000 in fiscal year 2014, collections have slowed based on 

the most recent estimate by the Congressional Budget Office, resulting in balances in the fund declining. The agreement to base 

the limitation on average collections will help ensure solvency of 

the fund. 

In lieu of providing base funding for Tribal Assistance, Tribal 

Youth, and Tribal Resources Grant Program, section 213 of the 

agreement includes a 7 percent set-aside, which will provide funding for these programs. 

The Department is directed to submit a report, not later than 90 

days after enactment of this Act, detailing the amount of DOJ 

grant funding for the past three fiscal years allocated for assistance 

in persistent poverty counties, as defined in section 539 of this Act. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

This Act includes $481,500,000 for the Office on Violence Against 

Women. These funds are distributed as follows: 

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS 

(in thousands of dollars) 

Program Amount 

STOP Grants ...................................................................................................................................................... $215,000 

Transitional Housing Assistance ...................................................................................................................... 30,000 

Research and Evaluation on Violence Against Women ................................................................................... 3,000 
187

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS—Continued 

(in thousands of dollars) 

Program Amount 

Consolidated Youth-Oriented Program ............................................................................................................. 11,000 

Grants to Encourage Arrest Policies ................................................................................................................. 53,000 

Homicide Reduction Initiative .................................................................................................................. (4,000 ) 

Sexual Assault Victims Services ....................................................................................................................... 35,000 

Rural Domestic Violence and Child Abuse Enforcement ................................................................................. 35,000 

Violence on College Campuses ......................................................................................................................... 20,000 

Civil Legal Assistance ...................................................................................................................................... 45,000 

Elder Abuse Grant Program .............................................................................................................................. 5,000 

Family Civil Justice ........................................................................................................................................... 16,000 

Education and Training for Disabled Female Victims ..................................................................................... 6,000 

National Resource Center on Workplace Responses ........................................................................................ 500 

Research on Violence Against Indian Women .................................................................................................. 1,000 

Indian Country-Sexual Assault Clearinghouse ................................................................................................. 500 

Tribal Special Domestic Violence Criminal Jurisdiction ................................................................................... 4,000 

Rape Survivor Child Custody Act ..................................................................................................................... 1,500 

TOTAL, Violence Against Women Prevention and Prosecution Programs ................................................ $481,500 

OFFICE OF JUSTICE PROGRAMS

RESEARCH, EVALUATION AND STATISTICS

(INCLUDING TRANSFER OF FUNDS)

This Act provides $89,000,000 for the Research, Evaluation and 

Statistics account. These funds are distributed as follows: 

RESEARCH, EVALUATION AND STATISTICS 

(in thousands of dollars) 

Program Amount 

Bureau of Justice Statistics ............................................................................................................................. $45,500 

NCS-X Implementation Program .............................................................................................................. (5,000 ) 

National Institute of Justice ............................................................................................................................. 39,500 

Domestic Radicalization Research .......................................................................................................... (4,000 ) 

Forensics Initiative ............................................................................................................................................ 4,000 

Transfer to NIST ....................................................................................................................................... (3,000 ) 

TOTAL, Research, Evaluation and Statistics ........................................................................................... $89,000 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

This Act includes $1,265,500,000 for State and Local Law Enforcement Assistance programs. These funds are distributed as follows:

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 

(in thousands of dollars) 

Program Amount 

Byrne Memorial Justice Assistance Grants ...................................................................................................... $403,000 

Officer Robert Wilson III VALOR Initiative ............................................................................................... (7,500 ) 

Smart Policing ......................................................................................................................................... (5,000 ) 

Smart Prosecution .................................................................................................................................... (2,500 ) 
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STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE—Continued 

(in thousands of dollars) 

Program Amount 

NamUS ..................................................................................................................................................... (2,400 ) 

National Training Center to improve Police-Based Responses to People with Mental Illness .............. (2,500 ) 

Violent Gang and Gun Crime Reduction ................................................................................................. (6,500 ) 

John R. Justice Grant Program ................................................................................................................ (2,000 ) 

Capital Litigation and Wrongful Conviction Review ............................................................................... (2,500 ) 

Prison Rape Prevention and Prosecution ................................................................................................ (10,500 ) 

Pre-inauguration presidential security .................................................................................................... (27,000 ) 

State Criminal Alien Assistance Program ........................................................................................................ 210,000 

Victims of Trafficking Grants ........................................................................................................................... 45,000 

Economic, High-tech, White Collar and Cybercrime Prevention ...................................................................... 13,000 

Intellectual Property Enforcement Program ............................................................................................. (2,500 ) 

Cybercrime Prosecutor Pilot Program ...................................................................................................... (1,000 ) 

Adam Walsh Act Implementation ..................................................................................................................... 20,000 

Bulletproof Vests Partnerships ......................................................................................................................... 22,500 

Transfer to NIST/OLES .............................................................................................................................. (1,500 ) 

National Sex Offender Public Website .............................................................................................................. 1,000 

National Instant Criminal Background Check System (NICS) Initiative .......................................................... 73,000

NICS Act Record Improvement Program .................................................................................................. (25,000 ) 

Paul Coverdell Forensic Science ....................................................................................................................... 13,000 

DNA Initiative .................................................................................................................................................... 125,000 

Debbie Smith DNA Backlog Grants ......................................................................................................... (117,000 ) 

Kirk Bloodsworth Post-Conviction DNA Testing Grants ........................................................................... (4,000 ) 

Sexual Assault Forensic Exam Program Grants ...................................................................................... (4,000 ) 

Community Teams to Reduce the Sexual Assault Kit (SAK) Backlog ............................................................. 45,000

CASA-Special Advocates ................................................................................................................................... 9,000 

Second Chance Act/Offender Reentry ............................................................................................................... 68,000 

Smart Probation ....................................................................................................................................... (6,000 ) 

Children of Incarcerated Parents Demo Grants ...................................................................................... (5,000 ) 

Pay for Success ....................................................................................................................................... (7,500 ) 

Project HOPE Opportunity Probation with Enforcement .......................................................................... (4,000 ) 

Comprehensive School Safety Initiative ........................................................................................................... 50,000 

Community trust initiative: ............................................................................................................................... 65,000 

Body Worn Camera Partnership Program ................................................................................................ (22,500 ) 

Justice Reinvestment Initiative ................................................................................................................ (25,000 ) 

Byrne Criminal Justice Innovation Program ............................................................................................ (17,500 ) 

Opioid initiative ................................................................................................................................................ 103,000 

Drug Courts .............................................................................................................................................. (43,000 ) 

Veterans Treatment Courts ...................................................................................................................... (7,000 ) 

Residential Substance Abuse Treatment ................................................................................................ (14,000 ) 

Prescription Drug Monitoring ................................................................................................................... (14,000 ) 

Mentally Ill Offender Act .......................................................................................................................... (12,000 ) 

Other Comprehensive Addiction and Recovery Act activities ................................................................. (13,000 ) 

TOTAL, State and Local Law Enforcement Assistance ............................................................................ $1,265,500

Edward Byrne Memorial Justice Assistance Grant (Byrne-JAG) 

program.—A total of $403,000,000 is provided in fiscal year 2017 

for the Edward Byrne Memorial Justice Assistance Grant program, 

of which $27,000,000 is for pre-Inauguration presidential security. 

Building Community Trust.—This Act provides a total of 

$109,808,370 to strengthen the relationship between the police and 

communities they serve. A total of $65,000,000 has been provided 

for the Community Trust Initiative within State and Local Law 

Enforcement Assistance for the purchase of body cameras, the Justice Reinvestment Initiative, and the Byrne Criminal Justice Innovation program for both planning and, of particular importance 

currently, implementation grants. Funding is also provided for the 

National Crime Statistics Exchange (NCS–X) to improve the collection and reporting into the National Incident-Based Reporting Sys-
189

tem (NIBRS) and two programs within the Byrne-JAG program, 

Smart Policing and improved training for police responses to people 

with mental illness. Within the Community Oriented Policing Services (COPS) Office, a total of $15,000,000 is provided for the Collaborative Reform Model and Community Policing Development. 

Officer safety.—The agreement provides $15,000,000 for police officer safety and active shooter training programs, including 

$7,500,000 for the Officer Robert Wilson III Preventing Violence 

Against Law Enforcement Officer Resilience and Survivability 

(VALOR) Initiative and $7,500,000 under the Community Oriented 

Policing Services (COPS) header for the Protecting Our Lives by 

Initiating COPS Expansion (POLICE) Act. 

JUVENILE JUSTICE PROGRAMS

This Act includes $247,000,000 for Juvenile Justice programs. 

These funds are distributed as follows: 

JUVENILE JUSTICE PROGRAMS 

(in thousands of dollars) 

Program Amount 

Part B-State Formula Grants ............................................................................................................................ $55,000 

Emergency Planning-Juvenile Detention Facilities .................................................................................. (500 ) 

Youth Mentoring Grants .................................................................................................................................... 80,000 

Title V-Delinquency Prevention Incentive Grants ............................................................................................. 14,500 

Gang and Youth Violence Education and Prevention ............................................................................. (4,000 ) 

Children of Incarcerated Parents Web Portal ......................................................................................... (500 ) 

Girls in the Justice System ...................................................................................................................... (2,000 ) 

Community-Based Violence Prevention Initiatives .................................................................................. (8,000 ) 

Victims of Child Abuse Programs .................................................................................................................... 21,000 

Missing and Exploited Children Programs ....................................................................................................... 72,500 

Training for Judicial Personnel ......................................................................................................................... 2,000 

Improving Juvenile Indigent Defense ................................................................................................................ 2,000 

TOTAL, Juvenile Justice ............................................................................................................................ $247,000 

PUBLIC SAFETY OFFICER BENEFITS

(INCLUDING TRANSFER OF FUNDS)

This Act includes $89,300,000 for the Public Safety Officer Benefits program for fiscal year 2017. Within the funds provided, 

$73,000,000 is for death benefits for survivors, an amount estimated by the Congressional Budget Office that is considered mandatory for scorekeeping purposes. In addition, $16,300,000 is provided for disability benefits for public safety officers permanently 

and totally disabled as a result of a catastrophic injury and for education benefits for the spouses and children of officers killed in the 

line of duty or permanently and totally disabled as a result of a 

catastrophic injury sustained in the line of duty. 

COMMUNITY ORIENTED POLICING SERVICES

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

This Act includes $221,500,000 for COPS programs, as follows: 
190

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS 

(in thousands of dollars) 

Program Amount 

Transfer to DEA for Methamphetamine Lab Cleanups .................................................................................... $10,000 

COPS Hiring Grants .......................................................................................................................................... 194,500 

Community Policing Development/Training and Technical Assistance .................................................. (5,000 ) 

Collaborative Reform Model ..................................................................................................................... (10,000 ) 

Regional Information Sharing Activities .................................................................................................. (35,000 ) 

Police Act ................................................................................................................................................. (7,500 ) 

Anti-Methamphetamine Task Forces ................................................................................................................ 7,000 

Anti-Heroin Task Forces .................................................................................................................................... 10,000 

TOTAL, Community Oriented Policing Services ........................................................................................ $221,500 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

(INCLUDING TRANSFER OF FUNDS)

This Act includes the following general provisions for the Department of Justice: 

Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided 

in this title. 

Section 202 prohibits the use of funds to pay for an abortion, except in the case of rape or incest, or to preserve the life of the 

mother.

Section 203 prohibits the use of funds to require any person to 

perform or facilitate the performance of an abortion. 

Section 204 establishes that the Director of the Bureau of Prisons (BOP) is obliged to provide escort services to an inmate receiving an abortion outside of a Federal facility, except where this obligation conflicts with the preceding section. 

Section 205 establishes requirements and procedures for transfer 

proposals.

Section 206 prohibits the use of funds for transporting prisoners 

classified as maximum or high security, other than to a facility certified by the BOP as appropriately secure. 

Section 207 prohibits the use of funds for the purchase or rental 

by Federal prisons of audiovisual or electronic media or equipment, 

services and materials used primarily for recreational purposes, except for those items and services needed for inmate training, religious, or educational purposes. 

Section 208 requires review by the Deputy Attorney General and 

the Department Investment Review Board prior to the obligation or 

expenditure of funds for major information technology projects. 

Section 209 requires the Department to follow reprogramming 

procedures prior to any deviation from the program amounts specified in this title or the reuse of specified deobligated funds provided 

in previous years. 

Section 210 prohibits the use of funds for A–76 competitions for 

work performed by employees of BOP or Federal Prison Industries, 

Inc.

Section 211 prohibits U.S. Attorneys from holding additional responsibilities that exempt U.S. Attorneys from statutory residency 

requirements.
191

Section 212 permits up to 3 percent of grant and reimbursement 

program funds made available to the Office of Justice Programs to 

be used for training and technical assistance, and permits up to 2 

percent of grant funds made available to that office to be used for 

criminal justice research, evaluation and statistics by the National 

Institute of Justice and the Bureau of Justice Statistics. 

Section 213 permits up to 7 percent of certain grant and reimbursement program funds made available to the Office of Justice 

Programs and Community Oriented Policing Services programs to 

be used for tribal criminal justice assistance. 

Section 214 gives the Attorney General the authority to waive 

matching requirements for Second Chance Act adult and juvenile 

reentry demonstration projects; State, tribal, and local reentry 

courts; drug treatment programs; and prison rape elimination programs.

Section 215 waives the requirement that the Attorney General 

reserve certain funds from amounts provided for offender incarceration.

Section 216 prohibits funds, other than funds for the national instant criminal background check system established under the 

Brady Handgun Violence Prevention Act, from being used to facilitate the transfer of an operable firearm to a known or suspected 

agent of a drug cartel where law enforcement personnel do not continuously monitor or control such firearm. 

Section 217 places limitations on the obligation of funds from certain Department of Justice accounts and funding sources. 

Section 218 allows certain funding to be made available for use 

in Performance Partnership Pilots. 

Section 219 allows the transfer of unobligated balances from the 

Department of Justice Working Capital Fund to the FBI Construction account for a new headquarters building. 

TITLE III—SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

This Act includes $5,555,000 for the Office of Science and Technology Policy. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

This Act includes $19,653,300,000 for the National Aeronautics 

and Space Administration (NASA). The agreement clarifies that 

NASA shall continue to provide information to the GAO for its assessment of selected large-scale projects, to include any technology 

demonstration activities or communications and tracking services 

and related infrastructure refreshment activities, which have life 

cycle costs that exceed $250,000,000. The agreement does not include House direction regarding Federally Funded Research and 

Development Centers. Instead, NASA is encouraged to increase 

and strengthen partnerships between the NASA Centers and academia.

Continuity.—Over the past decade, Congress has consistently reaffirmed through both funding and policy its commitment to a balanced NASA portfolio that enhances aeronautics and aerospace, en-
192

ables breakthrough scientific discoveries, promotes the development of commercial spaceflight, and expands human and robotic 

exploration through missions only NASA can undertake. NASA’s 

diverse portfolio cannot be undertaken efficiently, effectively, and 

safely during times of budgetary and policy uncertainty. Maintaining an appropriate funding plan to achieve mission goals is crucial 

to avoid needless delays and unnecessary additional costs. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

(in thousands of dollars) 

Program Amount 

Science:

Earth Science ........................................................................................................................................... $1,921,000 

Planetary Science ..................................................................................................................................... 1,846,000 

Astrophysics ............................................................................................................................................. 750,000 

James Webb Space Telescope ................................................................................................................. 569,400 

Heliophysics ............................................................................................................................................. 678,500 

Total, Science .................................................................................................................................................... 5,764,900 

Aeronautics: ...................................................................................................................................................... 660,000 

Space Technology: ............................................................................................................................................. 686,500 

Human Exploration and Operations: 

Orion Multi-purpose Crew Vehicle ........................................................................................................... 1,350,000 

Space Launch System (SLS) Vehicle Development ................................................................................. 2,150,000

Exploration Ground System ...................................................................................................................... 429,000 

Exploration R&D ....................................................................................................................................... 395,000 

Total, Human Exploration and Operations ....................................................................................................... 4,324,000 

Space Operations: ............................................................................................................................................. 4,950,700 

Education:

NASA Space Grant ................................................................................................................................... 40,000 

Experimental Program to Stimulate Competitive Research .................................................................... 18,000

Minority University Research and Education Project .............................................................................. 32,000 

STEM Education and Accountability Projects .......................................................................................... 10,000 

Total, Education ................................................................................................................................................ 100,000 

Safety, Security and Mission Services: ............................................................................................................. 2,768,600 

Construction and Environmental Compliance and Restoration: ...................................................................... 360,700 

Office of Inspector General: .............................................................................................................................. 37,900 

Total, NASA ....................................................................................................................................................... $19,653,300 

SCIENCE

This Act includes $5,764,900,000 for Science. 

Earth Science.—This Act includes $1,921,000,000 for Earth 

Science. In lieu of House language regarding prioritization, the 

agreement includes $90,000,000 for the Pre-Aerosol, Clouds, and 

Ocean Ecosystem mission and $130,900,000 for LandSat-9. 

Planetary Science.—This Act includes $1,846,000,000 for Planetary Science. Of this amount, $363,000,000 is for Outer Planets, 

of which $275,000,000 is for the Europa mission as outlined by the 
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House. Senate language regarding an analysis of options regarding 

Europa is not included. The agreement also provides $284,700,000 

for Planetary Research, including $60,000,000 for Near Earth Object Observations as directed by the Senate; $224,800,000 is for 

Discovery; $136,500,000 is for New Frontiers; and $190,000,000 is 

for Technology. Also included is $647,000,000 for Mars, including 

$408,000,000 for the Mars 2020 mission as directed by the House. 

The agreement adopts House language regarding a Mars helicopter 

technology demonstration but directs that if this activity will delay 

the overall Mars 2020 mission, that it not be included as part of 

Mars 2020. 

Astrophysics.—This Act includes $750,000,000 for Astrophysics. 

Given the restrained funding in this agreement for Astrophysics, 

the agreement supports continued appropriate low level exoplanet 

technology development for a starshade. The recommendation also 

includes $105,000,000 for the Wide-Field Infrared Survey Telescope 

(WFIRST) and retains Senate language regarding a cost cap for 

this mission and includes up to $5,000,000 as directed by the Senate for segmented aperture telescope activities. The agreement also 

provides $85,200,000 for the Stratospheric Observatory for Infrared 

Astronomy and $98,300,000 for the Hubble Space Telescope. 

James Webb Space Telescope (JWST).—This Act includes 

$569,400,000 for JWST. 

Heliophysics.—This Act includes $678,500,000 for Heliophysics. 

In lieu of Senate language on the Diversify, Realize, Integrate, 

Venture, Educate initiative, the agreement supports continued implementation of this program. 

Education and Public Outreach (EPO).—The recommendation includes $37,000,000 for STEM education programs, to be derived 

equally from Planetary Science and Astrophysics. This activity 

shall continue to be administered by the Astrophysics Division. 

AERONAUTICS

This Act includes $660,000,000 for Aeronautics. Within these 

amounts, up to $169,400,000 is provided for the Airspace Operations and Safety Program as described by the House. 

SPACE TECHNOLOGY

This Act includes $686,500,000 for Space Technology. Within this 

amount, $35,000,000 is for nuclear propulsion; $30,000,000 is for 

small launch capabilities; $25,000,000 is for additive manufacturing; $25,718,000 is for optical communications; and $66,600,000 

is for solar electric propulsion activities. 

EXPLORATION

Exploration.—This Act includes $4,324,000,000 for Exploration. 

The agreement directs NASA to continue advanced propulsion; asteroid deflection; and grappling technologies associated with the asteroid redirect mission but that these activities should not distract 

from the overarching goal of sending humans to Mars. The agreement provides up to $75,000,000 for habitation augmentation activities to support human exploration beyond low Earth orbit. 
194

SPACE OPERATIONS

Space Operations.—This Act provides $4,950,700,000 for Space 

Operations. The agreement clarifies House language regarding the 

International Space Station and that efforts should focus on maintaining a U.S. presence in low Earth orbit in order to continue research in a microgravity environment. The recommendation includes up to $20,000,000 for 21st Century Space Launch Complex 

program activities and provides that no less than half of 21st Century Space Launch Complex funding shall be for the Wallops Flight 

Facility as described in the Senate report. 

Commercial Crew.—This Act provides up to $1,184,800,000 for 

NASA’s Commercial Crew program. The Committees are aware 

that Commercial Crew milestones have slipped and that concerns 

have been raised with respect to safety and appropriate NASA 

oversight. The Committees emphasize and underscore House and 

Senate language regarding human spaceflight safety and direct 

NASA to notify the Committees if safety concerns are not addressed as directed by NASA. 

Commercial Cargo.—The agreement provides up to the requested 

amount of $1,028,000,000 to fund domestic cargo resupply flights. 

Over the past year, both providers under their CRS-1 contracts 

have returned to flight after experiencing the loss of vehicles and 

NASA payloads. Despite the successful resumption of cargo flights, 

NASA has chosen to rely on proven vehicles for delivery of valuable 

or unique cargo. As regular cargo flights are resumed, NASA is encouraged to continue flights from facilities where NASA has invested significant resources to enable commercial cargo flights. 

Space shuttle closeout costs.—This Act does not include funds for 

space shuttle closeout costs. The Committees understand that 

NASA has reached an agreement on amounts necessary for closure 

of contracts related to the former space shuttle program and has 

determined that no additional costs will be charged to the government after September 30, 2016, and that no additional funds will 

be required in fiscal year 2017 and beyond. 

EDUCATION

This Act includes $100,000,000 for Education, including 

$18,000,000 for the Experimental Program to Stimulate Competitive Research; $40,000,000 for Space Grant; $32,000,000 for the Minority University Research and Education Project; and $10,000,000 

for STEM Education and Accountability Projects. 

SAFETY, SECURITY AND MISSION SERVICES

This Act includes $2,768,600,000 for Safety, Security and Mission 

Services, including $39,100,000 for Independent Verification and 

Validation services as directed by the Senate. Given infrastructure 

revitalization language included in Public Law 115–10, the National Aeronautics and Space Administration Transition Authorization Act of 2017, the agreement does not include House language 

regarding a facilities revitalization plan. The agreement adopts 

Senate language regarding cybersecurity, strong governance, and 

information security and provides no less than the fiscal year 2016 
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level for these activities. The agreement acknowledges that recoveries of prior year obligations are available in this account. 

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

This Act includes $360,700,000 for Construction and Environmental Compliance and Restoration. 

OFFICE OF INSPECTOR GENERAL

This Act includes $37,900,000 for the Office of Inspector General. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

This Act includes the following administrative provisions for 

NASA: a provision that makes funds for announced prizes available 

without fiscal year limitation until the prize is claimed or the offer 

is withdrawn; a provision that establishes terms and conditions for 

the transfer of funds, including a separate exception for transfers 

to the Construction and Environmental Compliance and Restoration account; and a provision that subjects the NASA spending plan 

and specified changes to that spending plan to reprogramming procedures under section 505 of this Act. 

NATIONAL SCIENCE FOUNDATION

This Act includes $7,472,215,000 for the National Science Foundation (NSF). 

RESEARCH AND RELATED ACTIVITIES

This Act includes $6,033,645,000 for Research and Related Activities. Within this amount, no less than $160,000,000 is for the 

Experimental Program to Stimulate Competitive Research. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

This Act includes $209,000,000 for Major Research Equipment 

and Facilities Construction. Within this amount, $121,880,000 is 

provided to facilitate planning and construction of three Regional 

Class Research Vessels. 

EDUCATION AND HUMAN RESOURCES

This Act includes $880,000,000 for Education and Human Resources, including $35,000,000 for the Historically Black Colleges 

and Universities Program; $51,880,000 for STEM+C; $46,000,000 

for the Louis Stokes Alliance for Minority Participation; 

$14,000,000 for the Tribal Colleges and Universities Program; 

$62,500,000 for the Advanced Informal STEM Learning program; 

and $55,000,000 for CyberCorps: Scholarships for Service, including no less than $7,500,000 for qualified community colleges as directed by the Senate. The agreement also directs NSF to establish 

an Hispanic Serving Institution (HSI) program at no less than 

$15,000,000 as authorized in 42 U.S.C. 1862o–12. The agreement 

encourages NSF to use this program to build capacity at institutions of higher education that typically do not receive high levels 
196

of NSF grant funding. The agreement also provides $30,000,000 as 

requested for the I–Corps program. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

This Act includes $330,000,000 for Agency Operations and Award 

Management.

OFFICE OF THE NATIONAL SCIENCE BOARD

This Act includes $4,370,000 for the National Science Board. 

OFFICE OF INSPECTOR GENERAL

This Act includes $15,200,000 for the Office of Inspector General. 

ADMINISTRATIVE PROVISION

(INCLUDING TRANSFER OF FUNDS)

This Act includes a provision that establishes terms and conditions for the transfer of funds. 

TITLE IV—RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

This Act includes $9,200,000 for the Commission on Civil Rights. 

The Committees clarify direction on the use of letterhead noting 

that individual commissioners are not precluded from expressing 

their own opinions such as dissenting views, but shall do so on individually personalized letterhead, not the letterhead used by the 

full Commission. Official Commission letterhead is reserved for correspondence that reflects the views of the body as a whole. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

This Act includes $364,500,000 for the Equal Employment Opportunity Commission (EEOC). Up to $29,500,000 shall be for payments to State and local enforcement agencies to ensure that the 

EEOC provides adequate resources to its State and local partners. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

This Act includes $91,500,000 for the International Trade Commission.

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

This Act includes $385,000,000 for the Legal Services Corporation.
197

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

This Act includes $3,431,000 for the Marine Mammal Commission.

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

This Act includes $62,000,000 for the Office of the U.S. Trade 

Representative (USTR). The agreement provides up to $15,000,000 in funding for enforcement of trade agreements and other activities outlined in the Trade 

Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4405), 

subject to reprogramming requirements. Such funds may be used 

for coordination with other Federal agencies and their trade enforcement activities, but may not be transferred outside of USTR. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

This Act includes $5,121,000 for the State Justice Institute. 

TITLE V—GENERAL PROVISIONS 

(INCLUDING RESCISSIONS)

(INCLUDING TRANSFER OF FUNDS)

This Act includes the following general provisions: 

Section 501 prohibits the use of funds for publicity or propaganda 

purposes unless expressly authorized by law. 

Section 502 prohibits any appropriation contained in this Act 

from remaining available for obligation beyond the current fiscal 

year unless expressly provided. 

Section 503 provides that the expenditure of any appropriation 

contained in this Act for any consulting service through procurement contracts 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 existing Executive order issued pursuant to existing law. 

Section 504 provides that if any provision of this Act or the application of such provision to any person or circumstance shall be held 

invalid, the remainder of this Act and the application of other provisions shall not be affected. 

Section 505 prohibits 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 employee; (5) reorganizes or 

renames offices, programs or activities; (6) contracts out or 

privatizes any function or activity presently performed by Federal 

employees; (7) augments funds for existing programs, projects or 

activities in excess of $500,000 or 10 percent, whichever is less, or 
198

reduces by 10 percent funding for any existing 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. 

Section 506 provides that if it is determined that any person intentionally affixes a ‘‘Made in America’’ label to any product that 

was not made in America that person shall not be eligible to receive any contract or subcontract with funds made available in this 

Act. The section further provides that to the extent practicable, 

with respect to purchases of promotional items, funds made available under this Act shall be used to purchase items manufactured, 

produced, or assembled in the United States or its territories or 

possessions.

Section 507 requires quarterly reporting to Congress on the status of balances of appropriations. 

Section 508 provides that 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 in this Act, 

or, for the Department of Commerce, from actions taken for the 

care and protection of loan collateral or grant property, shall be absorbed within the budgetary resources available to the department 

or agency, and provides transfer authority between appropriation 

accounts to carry out this provision, subject to reprogramming procedures.

Section 509 prohibits funds made available in this Act from being 

used to promote the sale or export of tobacco or tobacco products 

or to seek the reduction or removal of foreign restrictions on the 

marketing of tobacco products, except for restrictions which are not 

applied equally to all tobacco or tobacco products of the same type. 

This provision is not intended to impact routine international trade 

services to all U.S. citizens, including the processing of applications 

to establish foreign trade zones. 

Section 510 stipulates the obligations of certain receipts deposited into the Crime Victims Fund. 

Section 511 prohibits the use of Department of Justice funds for 

programs that discriminate against or denigrate the religious or 

moral beliefs of students participating in such programs. 

Section 512 prohibits the transfer of funds in this Act to any department, agency, or instrumentality of the United States Government, except for transfers made by, or pursuant to authorities provided in, this Act or any other appropriations Act. 

Section 513 provides that funds provided for E–Government Initiatives shall be subject to the procedures set forth in section 505 

of this Act. 

Section 514 requires certain timetables of audits performed by 

Inspectors General of the Departments of Commerce and Justice, 

the National Aeronautics and Space Administration, the National 

Science Foundation and the Legal Services Corporation and sets 

limits and restrictions on the awarding and use of grants or contracts funded by amounts appropriated by this Act. 
199

Section 515 prohibits funds for acquisition of certain information 

systems unless the acquiring department or agency has reviewed 

and assessed certain risks. Any acquisition of such an information 

system is contingent upon the development of a risk mitigation 

strategy and a determination that the acquisition is in the national 

interest. Each department or agency covered under section 515 

shall submit a quarterly report to the Committees on Appropriations describing reviews and assessments of risk made pursuant to 

this section and any associated findings or determinations. 

Section 516 prohibits the use of funds in this Act to support or 

justify the use of torture by any official or contract employee of the 

United States Government. 

Section 517 prohibits the use of funds in this Act to require certain export licenses. 

Section 518 prohibits the use of funds in this Act to deny certain 

import applications regarding ‘‘curios or relics’’ firearms, parts, or 

ammunition.

Section 519 prohibits the use of funds to include certain language 

in trade agreements. 

Section 520 prohibits the use of funds in this Act to authorize or 

issue a National Security Letter (NSL) in contravention of certain 

laws authorizing the Federal Bureau of Investigation to issue 

NSLs.

Section 521 requires congressional notification for any project 

within the Departments of Commerce or Justice, the National 

Science Foundation, or the National Aeronautics and Space Administration totaling more than $75,000,000 that has cost increases of 

10 percent or more. 

Section 522 deems funds for intelligence or intelligence-related 

activities as authorized by the Congress until the enactment of the 

Intelligence Authorization Act for fiscal year 2017. 

Section 523 prohibits contracts or grant awards in excess of $5,000,000 unless the prospective contractor or grantee certifies 

that the organization has filed all Federal tax returns, has not 

been convicted of a criminal offense under the Internal Revenue 

Code of 1986, and has no unpaid Federal tax assessment. 

(RESCISSIONS)

Section 524 provides for rescissions of unobligated balances. Subsection (c) requires the Departments of Commerce and Justice to 

submit a report on the amount of each rescission. These reports 

shall include the distribution of such rescissions among decision 

units, or, in the case of rescissions from grant accounts, the distribution of such rescissions among specific grant programs, and 

whether such rescissions were taken from recoveries and 

deobligations, or from funds that were never obligated. Rescissions 

shall be applied to discretionary budget authority balances that 

were not appropriated with emergency or disaster relief designations.

Section 525 prohibits the use of funds in this Act for the purchase of first class or premium air travel in contravention of the 

Code of Federal Regulations. 

Section 526 prohibits the use of funds to pay for the attendance 

of more than 50 department or agency employees, who are sta-
200

tioned in the United States, at any single conference outside the 

United States, unless the conference is a law enforcement training 

or operational event where the majority of Federal attendees are 

law enforcement personnel stationed outside the United States. 

Section 527 includes language regarding detainees held at Guantanamo Bay. 

Section 528 includes language regarding facilities for housing detainees held at Guantanamo Bay. 

Section 529 requires any department, agency, or instrumentality 

of the United States Government receiving funds appropriated 

under this Act to track and report on undisbursed balances in expired grant accounts. 

Section 530 prohibits the use of funds by the National Aeronautics and Space Administration (NASA) or the Office of Science 

and Technology Policy (OSTP) to engage in bilateral activities with 

China or a Chinese-owned company or effectuate the hosting of official Chinese visitors at certain facilities unless the activities are 

authorized by subsequent legislation or NASA or OSTP have made 

a certification pursuant to subsections (c) and (d) of this section. 

Section 531 prohibits funds from being used to deny the importation of shotgun models if no application for the importation of such 

models, in the same configuration, had been denied prior to January 1, 2011, on the basis that the shotgun was not particularly 

suitable for or readily adaptable to sporting purposes. 

Section 532 prohibits the use of funds to establish or maintain 

a computer network that does not block pornography, except for 

law enforcement and victim assistance purposes. 

Section 533 requires the departments and agencies funded in the 

bill to submit spending plans. 

Section 534 prohibits the use of funds to implement the Arms 

Trade Treaty until the Senate approves a resolution of ratification 

for the Treaty. 

Section 535 prohibits funds to pay for award or incentive fees for 

contractors with below satisfactory performance or performance 

that fails to meet the basic requirements of the contract. 

Section 536 requires quarterly reports from the Department of 

Commerce, the National Aeronautics and Space Administration, 

and the National Science Foundation of travel to China. 

Section 537 prohibits the Department of Justice from preventing 

certain States from implementing State laws regarding the use of 

medical marijuana. 

Section 538 prohibits the use of funds by the Department of Justice or the Drug Enforcement Administration in contravention of a 

certain section of the Agricultural Act of 2014. 

Section 539 requires 10 percent of the funds for certain programs 

be allocated for assistance in persistent poverty counties. 

Section 540 provides $109,000,000 of emergency funding for repairs at National Aeronautics and Space Administration facilities 

damaged by recent natural disasters. 

Section 541 includes language regarding the appointment of the 

United States Trade Representative. 

Section 542 provides $15,000,000 for emergency law enforcement 

assistance.
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(215)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION C—DEPARTMENT OF DEFENSE 

APPROPRIATIONS ACT, 2017 

(217)

DIVISION C—DEPARTMENT OF DEFENSE 

APPROPRIATIONS ACT, 2017 

TITLE I 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest on 

deposits, gratuities, permanent change of station travel (including 

all expenses thereof for organizational movements), and expenses 

of temporary duty travel between permanent duty stations, for 

members of the Army on active duty (except members of reserve 

components provided for elsewhere), cadets, and aviation cadets; 

for members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended 

(42 U.S.C. 402 note), and to the Department of Defense Military 

Retirement Fund, $40,042,962,000. 

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest on 

deposits, gratuities, permanent change of station travel (including 

all expenses thereof for organizational movements), and expenses 

of temporary duty travel between permanent duty stations, for 

members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for 

members of the Reserve Officers’ Training Corps; and 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 
218

of temporary duty travel between permanent duty stations, for 

members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for 

payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military 

Retirement Fund, $27,958,795,000. 

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, and 

related expenses for personnel of the Army Reserve on active duty 

under sections 10211, 10302, and 3038 of title 10, United States 

Code, or while serving on active duty under section 12301(d) of title 

10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent 

duty or other duty, and expenses authorized by section 16131 of 

title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $4,524,863,000. 

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, and 

related expenses for personnel of the Navy Reserve on active duty 

under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States 

Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and 

expenses authorized by section 16131 of title 10, United States 

Code; and for payments to the Department of Defense Military Retirement Fund, $1,921,045,000. 

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, and 

related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or 

while serving on active duty under section 12301(d) of title 10, 

United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent 

duty, and for members of the Marine Corps platoon leaders class, 

and expenses authorized by section 16131 of title 10, United States 

Code; and for payments to the Department of Defense Military Retirement Fund, $744,795,000. 

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and 

related expenses for personnel of the Air Force Reserve on active 

duty under sections 10211, 10305, and 8038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or 
219

while undergoing reserve training, or while performing drills or 

equivalent duty or other duty, and expenses authorized by section 

16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,725,526,000. 

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, and 

related expenses for personnel of the Army National Guard while 

on duty under sections 10211, 10302, or 12402 of title 10 or section 

708 of title 32, United States Code, or while serving on duty under 

section 12301(d) of title 10 or section 502(f) of title 32, United 

States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing 

training, or while performing drills or equivalent duty or other 

duty, and expenses authorized by section 16131 of title 10, United 

States Code; and for payments to the Department of Defense Military Retirement Fund, $7,899,423,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and 

related expenses for personnel of the Air National Guard on duty 

under sections 10211, 10305, or 12402 of title 10 or section 708 of 

title 32, United States Code, or while serving on duty under section 

12301(d) of title 10 or section 502(f) of title 32, United States Code, 

in connection with performing duty specified in section 12310(a) of 

title 10, United States Code, or while undergoing training, or while 

performing drills or equivalent duty or other duty, and expenses 

authorized by section 16131 of title 10, United States Code; and for 

payments to the Department of Defense Military Retirement Fund, 

$3,283,982,000.

TITLE 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. 
220

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, 

$5,676,152,000.

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, 

$36,247,724,000: Provided, That not to exceed $7,699,000 can be 

used for emergencies and extraordinary expenses, to be expended 

on the approval or authority of the Secretary of the Air Force, and 

payments may be made on his certificate of necessity for confidential military purposes. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department 

of Defense (other than the military departments), as authorized by 

law, $32,373,949,000: Provided, That not more than $15,000,000 

may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided further, That not to exceed $36,000,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may 

be made on his certificate of necessity for confidential military purposes: Provided further, That of the funds provided under this heading, not less than $34,964,000 shall be made available for the 

Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none 

of the funds appropriated or otherwise made available by this Act 

may be used to plan or implement the consolidation of a budget or 

appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the 

service headquarters of one of the Armed Forces into a legislative 

affairs or legislative liaison office: Provided further, That 

$5,023,000, to remain available until expended, is available only for 

expenses relating to certain classified activities, and may be transferred as necessary by the Secretary of Defense to operation and 

maintenance appropriations or research, development, test and 

evaluation appropriations, to be merged with and to be available 

for the same time period as the appropriations to which transferred: Provided further, That any ceiling on the investment item 

unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding proviso: Provided further, That of the funds provided under 

this heading, $480,000,000, to remain available until September 

30, 2018, shall be available to provide support and assistance to 

foreign security forces or other groups or individuals to conduct, 

support or facilitate counterterrorism, crisis response, or other Department of Defense security cooperation programs: Provided fur-
221

ther, That the transfer authority provided under this heading is in 

addition to any other transfer authority provided elsewhere in this 

Act.

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $2,743,688,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $929,656,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and 

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $271,133,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and 

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,069,229,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the 

Army National Guard, including medical and hospital treatment 

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger 

motor vehicles; personnel services in the National Guard Bureau; 

travel expenses (other than mileage), as authorized by law for 

Army personnel on active duty, for Army National Guard division, 

regimental, and battalion commanders while inspecting units in 

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying 

and equipping the Army National Guard as authorized by law; and 

expenses of repair, modification, maintenance, and issue of supplies 

and equipment (including aircraft), $6,861,478,000. 
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the Air 

National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, 

and repairs to structures and facilities; transportation of things, 

hire of passenger motor vehicles; supplying and equipping the Air 

National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the 

Department of Defense; travel expenses (other than mileage) on the 

same basis as authorized by law for Air National Guard personnel 

on active Federal duty, for Air National Guard commanders while 

inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard 

Bureau, $6,615,095,000. 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $14,194,000, of which not to exceed $5,000 may be used for official representation purposes. 

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $170,167,000, to remain available until transferred: Provided, That the Secretary of the Army 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the 

Army, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the 

Department of the Army, to be merged with and to be available for 

the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided

further, That the transfer authority provided under this heading is 

in addition to any other transfer authority provided elsewhere in 

this Act. 

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $289,262,000, to remain available until transferred: Provided, That the Secretary of the Navy 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the 

Navy, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the 

Department of the Navy, to be merged with and to be available for 

the same purposes and for the same time period as the appropria-
223

tions to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided

further, That the transfer authority provided under this heading is 

in addition to any other transfer authority provided elsewhere in 

this Act. 

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $371,521,000, to remain 

available until transferred: Provided, That the Secretary of the Air 

Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris of the Department 

of the Air Force, or for similar purposes, transfer the funds made 

available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to 

be available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred from 

this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under 

this heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $9,009,000, to remain available 

until transferred: Provided, That the Secretary of Defense shall, 

upon determining that such funds are required for environmental 

restoration, reduction and recycling of hazardous waste, removal of 

unsafe buildings and debris of the Department of Defense, or for 

similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department 

of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which 

transferred: Provided further, That upon a determination that all 

or part of the funds transferred from this appropriation are not 

necessary for the purposes provided herein, such amounts may be 

transferred back to this appropriation: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $222,084,000, to remain available until transferred: Provided, That the Secretary of the Army 

shall, upon determining that such funds are required for environ-
224

mental 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 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, 
225

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,533,804,000, to remain available for obligation until September 30, 2019. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,

ARMY

For construction, procurement, production, and modification of 

weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement 

and installation of equipment, appliances, and machine tools in 

public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary 

for the foregoing purposes, $2,229,455,000, to remain available for 

obligation until September 30, 2019. 

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,483,566,000, to remain available for obligation until September 30, 2019. 

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of 

vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; 

communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized 

equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $6,147,328,000, to remain available for obligation until September 30, 2019. 
226

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, spare 

parts, and accessories therefor; specialized equipment; expansion of 

public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools 

in public and private plants; reserve plant and Government and 

contractor-owned equipment layaway, $16,135,335,000, to remain 

available for obligation until September 30, 2019. 

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of missiles, torpedoes, other weapons, and related 

support equipment including spare parts, and accessories therefor; 

expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of 

title; and procurement and installation of equipment, appliances, 

and machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$3,265,285,000, to remain available for obligation until September 

30, 2019. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $633,678,000, to remain available for obligation until September 30, 2019. 

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and 

installation thereof in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels 

to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such 

lands and interests therein, may be acquired, and construction 

prosecuted thereon prior to approval of title, as follows: 

Ohio Replacement Submarine (AP), $773,138,000; 

Carrier Replacement Program, $1,255,783,000; 
227

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 destina- tion transportation, $626,158,000; 

Completion of Prior Year Shipbuilding Programs, $160,274,000; and Polar Icebreakers (AP), $150,000,000. 

In all: $21,156,886,000, to remain available for obligation until 

September 30, 2021: Provided, That additional obligations may be 

incurred after September 30, 2021, for engineering services, tests, 

evaluations, and other such budgeted work that must be performed 

in the final stage of ship construction: Provided further, That none 

of the funds provided under this heading for the construction or 

conversion of any naval vessel to be constructed in shipyards in the 

United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall be used 

for the construction of any naval vessel in foreign shipyards: Provided further, That funds appropriated or otherwise made available 

by this Act for production of the common missile compartment of 

nuclear-powered vessels may be available for multiyear procurement of critical components to support continuous production of 

such compartments only in accordance with the provisions of subsection (i) of section 2218a of title 10, United States Code (as added 

by section 1023 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328)). 

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support 

equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles 

for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests 

therein, may be acquired, and construction prosecuted thereon 

prior to approval of title; and procurement and installation of 

equipment, appliances, and machine tools in public and private 

plants; reserve plant and Government and contractor-owned equipment layaway, $6,308,919,000, to remain available for obligation 

until September 30, 2019. 
228

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and 

modification of missiles, armament, military equipment, spare 

parts, and accessories therefor; plant equipment, appliances, and 

machine tools, and installation thereof in public and private plants; 

reserve plant and Government and contractor-owned equipment 

layaway; vehicles for the Marine Corps, including the purchase of 

passenger motor vehicles for replacement only; and expansion of 

public and private plants, including land necessary therefor, and 

such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $1,307,456,000, to 

remain available for obligation until September 30, 2019. 

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and 

equipment, including armor and armament, specialized ground 

handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof 

in such plants, erection of structures, and acquisition of land, for 

the foregoing purposes, and such lands and interests therein, may 

be acquired, and construction prosecuted thereon prior to approval 

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, 

$14,253,623,000, to remain available for obligation until September 

30, 2019. 

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories 

therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment 

and installation thereof in such plants, erection of structures, and 

acquisition of land, for the foregoing purposes, and such lands and 

interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $2,348,121,000, to remain available for obligation 

until September 30, 2019. 

SPACE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of spacecraft, 

rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; 

expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, 

and acquisition of land, for the foregoing purposes, and such lands 

and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other ex-
229

penses necessary for the foregoing purposes including rents and 

transportation of things, $2,733,243,000, to remain available for obligation until September 30, 2019. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,589,219,000, to remain available for obligation until September 30, 2019. 

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including 

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and 

spare parts therefor, not otherwise provided for; the purchase of 

passenger motor vehicles for replacement only; lease of passenger 

motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, 

erection of structures, and acquisition of land, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $17,768,224,000, to remain available for obligation until September 30, 2019. 

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion 

of public and private plants, equipment, and installation thereof in 

such plants, erection of structures, and acquisition of land for the 

foregoing purposes, and such lands and interests therein, may be 

acquired, and construction prosecuted thereon prior to approval of 

title; reserve plant and Government and contractor-owned equipment layaway, $4,881,022,000, to remain available for obligation 

until September 30, 2019. 

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 

108, 301, 302, and 303 of the Defense Production Act of 1950 (50 

U.S.C. 4518, 4531, 4532, and 4533), $64,065,000, to remain available until expended. 
230

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 para- graph, $250,000,000 for the Defense Rapid Innovation Program 

shall only be available for expenses, not otherwise provided for, to 

include program management and oversight, to conduct research, 

development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to 

full-scale production: Provided further, That the Secretary of Defense may transfer funds provided herein for the Defense Rapid Innovation Program to appropriations for research, development, test 

and evaluation to accomplish the purpose provided herein: Provided further, That this transfer authority is in addition to any 

other transfer authority available to the Department of Defense: 

Provided further, That the Secretary of Defense shall, not fewer 

than 30 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details 

of any such transfer. 
231

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, 

in the direction and supervision of operational test and evaluation, 

including initial operational test and evaluation which is conducted 

prior to, and in support of, production decisions; joint operational 

testing and evaluation; and administrative expenses in connection 

therewith, $186,994,000, to remain available for obligation until 

September 30, 2018. 

TITLE V 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $1,511,613,000. 

TITLE VI 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health 

care programs of the Department of Defense as authorized by law, 

$33,781,270,000; of which $31,277,002,000 shall be for operation 

and maintenance, of which not to exceed one percent shall remain 

available for obligation until September 30, 2018, and of which up 

to $15,315,832,000 may be available for contracts entered into 

under the TRICARE program; of which $402,161,000, to remain 

available for obligation until September 30, 2019, shall be for procurement; and of which $2,102,107,000, to remain available for obligation until September 30, 2018, shall be for research, development, test and evaluation: Provided, That, notwithstanding any 

other provision of law, of the amount made available under this 

heading for research, development, test and evaluation, not less 

than $8,000,000 shall be available for HIV prevention educational 

activities undertaken in connection with United States military 

training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further, That of the 

funds provided under this heading for research, development, test 

and evaluation, not less than $1,014,600,000 shall be made available 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 
232

which no less than $49,533,000 shall be for the Chemical Stockpile 

Emergency Preparedness Program, consisting of $20,368,000 for activities on military installations and $29,165,000, to remain available until September 30, 2018, to assist State and local governments, and of which not more than $13,700,000, to remain available until September 30, 2018, shall be for the destruction of eight 

United States-origin chemical munitions in the Republic of Panama, to the extent authorized by law; $15,132,000 shall be for procurement, to remain available until September 30, 2019, of which 

$15,132,000 shall be for the Chemical Stockpile Emergency Preparedness Program to assist State and local governments; and 

$388,609,000, to remain available until September 30, 2018, shall 

be for research, development, test and evaluation, of which 

$380,892,000 shall only be for the Assembled Chemical Weapons 

Alternatives program. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United 

States Code; for operation and maintenance; for procurement; and 

for research, development, test and evaluation, $998,800,000, of 

which $626,087,000 shall be for counter-narcotics support; 

$118,713,000 shall be for the drug demand reduction program; 

$234,000,000 shall be for the National Guard counter-drug program; and $20,000,000 shall be for the National Guard counterdrug schools program: Provided, That the funds appropriated under 

this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided further, That upon a determination that all or part 

of the funds transferred from this appropriation are not necessary 

for the purposes provided herein, such amounts may be transferred 

back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other 

transfer authority contained elsewhere in this Act. 

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General 

in carrying out the provisions of the Inspector General Act of 1978, 

as amended, $312,035,000, of which $308,882,000 shall be for operation and maintenance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended on 

the approval or authority of the Inspector General, and payments 

may be made on the Inspector General’s certificate of necessity for 

confidential military purposes; and of which $3,153,000, to remain 

available until September 30, 2018, shall be for research, development, test and evaluation. 
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TITLE VII 

RELATED AGENCIES 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement and 

Disability System Fund, to maintain the proper funding level for 

continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For necessary expenses of the Intelligence Community Manage- ment 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 for support 

of active duty training of reserve components or summer camp 

training of the Reserve Officers’ Training Corps. 

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense that 

such action is necessary in the national interest, he may, with the 

approval of the Office of Management and Budget, transfer not to 
234

exceed $4,500,000,000 of working capital funds of the Department 

of Defense or funds made available in this Act to the Department 

of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to 

be merged with and to be available for the same purposes, and for 

the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used 

unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no 

case where the item for which funds are requested has been denied 

by the Congress: Provided further, That the Secretary of Defense 

shall notify the Congress promptly of all transfers made pursuant 

to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for 

reprogramming of funds, unless for higher priority items, based on 

unforeseen military requirements, than those for which originally 

appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using 

authority provided in this section shall be made prior to June 30, 

2017: Provided further, That transfers among military personnel 

appropriations shall not be taken into account for purposes of the 

limitation on the amount of funds that may be transferred under 

this section. 

SEC. 8006. (a) With regard to the list of specific programs, 

projects, and activities (and the dollar amounts and adjustments to 

budget activities corresponding to such programs, projects, and activities) contained in the tables titled Explanation of Project Level 

Adjustments in the explanatory statement regarding this Act, the 

obligation and expenditure of amounts appropriated or otherwise 

made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner 

provided by such tables to the same extent as if the tables were 

included in the text of this Act. 

(b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for 

purposes of section 8005 of this Act: Provided, That section 8005 

shall apply when transfers of the amounts described in subsection 

(a) occur between appropriation accounts. 

SEC. 8007. (a) Not later than 60 days after enactment of this Act, 

the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application 

of reprogramming and transfer authorities for fiscal year 2017: Provided, That the report shall include— 

(1) a table for each appropriation with a separate column to 

display the President’s budget request, adjustments made by 

Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation both by 

budget activity and program, project, and activity as detailed 

in the Budget Appendix; and 

(3) an identification of items of special congressional interest. 
235

(b) Notwithstanding section 8005 of this Act, none of the funds 

provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the 

congressional defense committees, unless the Secretary of Defense 

certifies in writing to the congressional defense committees that 

such reprogramming or transfer is necessary as an emergency requirement: Provided, That this subsection shall not apply to transfers from the following appropriations accounts: 

(1) ‘‘Environmental Restoration, Army’’; 

(2) ‘‘Environmental Restoration, Navy’’; 

(3) ‘‘Environmental Restoration, Air Force’’; 

(4) ‘‘Environmental Restoration, Defense-wide’’; 

(5) ‘‘Environmental Restoration, Formerly Used Defense 

Sites’’; and 

(6) ‘‘Drug Interdiction and Counter-drug Activities, Defense’’. 

(TRANSFER OF FUNDS)

SEC. 8008. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash 

disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That 

transfers may be made between working capital funds and the 

‘‘Foreign Currency Fluctuations, Defense’’ appropriation and the 

‘‘Operation and Maintenance’’ appropriation accounts in such 

amounts as may be determined by the Secretary of Defense, with 

the approval of the Office of Management and Budget, except that 

such transfers may not be made unless the Secretary of Defense 

has notified the Congress of the proposed transfer: Provided further, That except in amounts equal to the amounts appropriated to 

working capital funds in this Act, no obligations may be made 

against a working capital fund to procure or increase the value of 

war reserve material inventory, unless the Secretary of Defense 

has notified the Congress prior to any such obligation. 

SEC. 8009. Funds appropriated by this Act may not be used to 

initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees. 

SEC. 8010. None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic 

order quantity procurement in excess of $20,000,000 in any one 

year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order 

quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at 

least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be 

available to initiate a multiyear contract for which the economic 

order quantity advance procurement is not funded at least to the 

limits of the Government’s liability: Provided further, That no part 

of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed 
236

$500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated 

without 30-day prior notification to the congressional defense committees: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine 

lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may be used for a 

multiyear contract executed after the date of the enactment of this 

Act unless in the case of any such contract— 

(1) the Secretary of Defense has submitted to Congress a 

budget request for full funding of units to be procured through 

the contract and, in the case of a contract for procurement of 

aircraft, that includes, for any aircraft unit to be procured 

through the contract for which procurement funds are requested in that budget request for production beyond advance 

procurement activities in the fiscal year covered by the budget, 

full funding of procurement of such unit in that fiscal year; 

(2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor 

associated with the production of unfunded units to be delivered under the contract; 

(3) the contract provides that payments to the contractor 

under the contract shall not be made in advance of incurred 

costs on funded units; and 

(4) the contract does not provide for a price adjustment 

based on a failure to award a follow-on contract. 

Funds appropriated in title III of this Act may be used for a 

multiyear procurement contract as follows: AH–64E Apache Helicopter and UH–60M Blackhawk Helicopter. 

SEC. 8011. Within the funds appropriated for the operation and 

maintenance of the Armed Forces, funds are hereby appropriated 

pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, 

United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations 

and pursuant to authority granted in section 401 of chapter 20 of 

title 10, United States Code, and these obligations shall be reported 

as required by section 401(d) of title 10, United States Code: Provided, That funds available for operation and maintenance shall be 

available for providing humanitarian and similar assistance by 

using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the 

Compact of Free Association as authorized by Public Law 99–239: 

Provided further, That upon a determination by the Secretary of 

the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in 

Hawaii, the Secretary of the Army may authorize the provision of 

medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, 

the Marshall Islands, the Federated States of Micronesia, Palau, 

and Guam. 

SEC. 8012. (a) During fiscal year 2017, the civilian personnel of 

the Department of Defense may not be managed on the basis of 
237

any end-strength, and the management of such personnel during 

that fiscal year shall not be subject to any constraint or limitation 

(known as an end-strength) on the number of such personnel who 

may be employed on the last day of such fiscal year. 

(b) The fiscal year 2018 budget request for the Department of Defense as well as all justification material and other documentation 

supporting the fiscal year 2018 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to 

fiscal year 2018. 

(c) As required by section 1107 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 

2358 note) civilian personnel at the Department of Army Science 

and Technology Reinvention Laboratories may not be managed on 

the basis of the Table of Distribution and Allowances, and the management of the workforce strength shall be done in a manner consistent with the budget available with respect to such Laboratories. 

(d) Nothing in this section shall be construed to apply to military 

(civilian) technicians. 

SEC. 8013. None of the funds appropriated by this Act shall be 

used for the support of any nonappropriated funds activity of the 

Department of Defense that procures malt beverages and wine 

with nonappropriated funds for resale (including such alcoholic 

beverages sold by the drink) on a military installation located in 

the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, 

within the District of Columbia, in which the military installation 

is located: Provided, That, in a case in which the military installation is located in more than one State, purchases may be made in 

any State in which the installation is located: Provided further,

That such local procurement requirements for malt beverages and 

wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State: Provided further, That alcoholic beverages other than wine and malt 

beverages, in contiguous States and the District of Columbia shall 

be procured from the most competitive source, price and other factors considered. 

SEC. 8014. None of the funds made available by this Act shall be 

used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

the Congress. 

SEC. 8015. None of the funds appropriated by this Act shall be 

available for the basic pay and allowances of any member of the 

Army participating as a full-time student and receiving benefits 

paid by the Secretary of Veterans Affairs from the Department of 

Defense Education Benefits Fund when time spent as a full-time 

student is credited toward completion of a service commitment: 

Provided, That this section shall not apply to those members who 

have reenlisted with this option prior to October 1, 1987: Provided

further, That this section applies only to active components of the 

Army.
238

(TRANSFER OF FUNDS)

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,
239

That a prime contractor or a subcontractor at any tier that makes 

a subcontract award to any subcontractor or supplier as defined in 

section 1544 of title 25, United States Code, or a small business 

owned and controlled by an individual or individuals defined under 

section 4221(9) of title 25, United States Code, shall be considered 

a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25 

U.S.C. 1544) whenever the prime contract or subcontract amount 

is over $500,000 and involves the expenditure of funds appropriated by an Act making appropriations for the Department of Defense with respect to any fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition 

of supplies or services, including any contract and any subcontract 

at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a small 

business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code. 

SEC. 8022. Funds appropriated by this Act for the Defense Media 

Activity shall not be used for any national or international political 

or psychological activities. 

SEC. 8023. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed 

$350,000,000 for purposes specified in section 2350j(c) of title 10, 

United States Code, in anticipation of receipt of contributions, only 

from the Government of Kuwait, under that section: Provided, That, upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred 

such obligations. 

SEC. 8024. (a) Of the funds made available in this Act, not less 

than $40,021,000 shall be available for the Civil Air Patrol Corporation, of which— (1) $28,000,000 shall be available from ‘‘Operation and Maintenance, Air Force’’ to support Civil Air Patrol Corporation operation and maintenance, readiness, counter-drug activities, 

and drug demand reduction activities involving youth programs; (2) $10,337,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and 

(3) $1,684,000 shall be available from ‘‘Other Procurement, 

Air Force’’ for vehicle procurement. 

(b) The Secretary of the Air Force should waive reimbursement 

for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies. 

SEC. 8025. (a) None of the funds appropriated in this Act are 

available to establish a new Department of Defense (department) 

federally funded research and development center (FFRDC), either 

as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership 

corporation consisting of a consortium of other FFRDCs and other 

nonprofit entities. 

(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any 
240

similar entity of a defense FFRDC, and no paid consultant to any 

defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of 

such entity, or as a paid consultant by more than one FFRDC in 

a fiscal year: Provided, That a member of any such entity referred 

to previously in this subsection shall be allowed travel expenses 

and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties. 

(c) Notwithstanding any other provision of law, none of the funds 

available to the department from any source during the current fiscal year may be used by a defense FFRDC, through a fee or other 

payment mechanism, for construction of new buildings not located 

on a military installation, for payment of cost sharing for projects 

funded by Government grants, for absorption of contract overruns, 

or for certain charitable contributions, not to include employee participation in community service and/or development. 

(d) Notwithstanding any other provision of law, of the funds 

available to the department during fiscal year 2017, not more than 

5,750 staff years of technical effort (staff years) may be funded for 

defense FFRDCs: Provided, That, of the specific amount referred to 

previously in this subsection, not more than 1,125 staff years may 

be funded for the defense studies and analysis FFRDCs: Provided

further, That this subsection shall not apply to staff years funded 

in the National Intelligence Program (NIP) and the Military Intelligence Program (MIP). 

(e) The Secretary of Defense shall, with the submission of the department’s fiscal year 2018 budget request, submit a report presenting the specific amounts of staff years of technical effort to be 

allocated for each defense FFRDC during that fiscal year and the 

associated budget estimates. 

(f) Notwithstanding any other provision of this Act, the total 

amount appropriated in this Act for FFRDCs is hereby reduced by 

$60,000,000.

SEC. 8026. None of the funds appropriated or made available in 

this Act shall be used to procure carbon, alloy, or armor steel plate 

for use in any Government-owned facility or property under the 

control of the Department of Defense which were not melted and 

rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply 

Class 9515, American Society of Testing and Materials (ASTM) or 

American Iron and Steel Institute (AISI) specifications of carbon, 

alloy or armor steel plate: Provided further, That the Secretary of 

the military department responsible for the procurement may 

waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are 

not available to meet Department of Defense requirements on a 

timely basis and that such an acquisition must be made in order 

to acquire capability for national security purposes: Provided further, That these restrictions shall not apply to contracts which are 

in being as of the date of the enactment of this Act. 

SEC. 8027. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the 
241

Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the 

Committee on Appropriations of the House of Representatives. 

SEC. 8028. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair 

of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided, That the Senior Acquisition Executive of the 

military department or Defense Agency concerned, with power of 

delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private 

bids: Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this 

section.

SEC. 8029. (a)(1) If the Secretary of Defense, after consultation 

with the United States Trade Representative, determines that a 

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United 

States that are covered by the agreement, the Secretary of Defense 

shall rescind the Secretary’s blanket waiver of the Buy American 

Act with respect to such types of products produced in that foreign 

country.

(2) An agreement referred to in paragraph (1) is any reciprocal 

defense procurement memorandum of understanding, between the 

United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act 

for certain products in that country. 

(b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2017. Such report shall separately indicate the dollar value of items for which the Buy American Act was 

waived pursuant to any agreement described in subsection (a)(2), 

the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

international agreement to which the United States is a party. 

(c) For purposes of this section, the term ‘‘Buy American Act’’ 

means chapter 83 of title 41, United States Code. 

SEC. 8030. During the current fiscal year, amounts contained in 

the Department of Defense Overseas Military Facility Investment 

Recovery Account established by section 2921(c)(1) of the National 

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 

2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act. 

SEC. 8031. (a) Notwithstanding any other provision of law, the 

Secretary of the Air Force may convey at no cost to the Air Force, 

without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located 

at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot 

Air Force Base that are excess to the needs of the Air Force. 

(b) The Secretary of the Air Force shall convey, at no cost to the 

Air Force, military housing units under subsection (a) in accord-
242

ance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, 

South Dakota, Montana, Oregon, Minnesota, and Washington. Any 

such conveyance shall be subject to the condition that the housing 

units shall be removed within a reasonable period of time, as determined by the Secretary. 

(c) The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air 

Force under subsection (b). 

(d) In this section, the term ‘‘Indian tribe’’ means any recognized 

Indian tribe included on the current list published by the Secretary 

of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 

U.S.C. 479a–1). 

SEC. 8032. During the current fiscal year, appropriations which 

are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item 

unit cost of not more than $250,000. 

SEC. 8033. None of the funds made available by this Act may be 

used to— 

(1) disestablish, or prepare to disestablish, a Senior Reserve 

Officers’ Training Corps program in accordance with Department of Defense Instruction Number 1215.08, dated June 26, 

2006; or 

(2) close, downgrade from host to extension center, or place 

on probation a Senior Reserve Officers’ Training Corps program in accordance with the information paper of the Department of the Army titled ‘‘Army Senior Reserve Officers’ Training Corps (SROTC) Program Review and Criteria’’, dated January 27, 2014. 

SEC. 8034. The Secretary of Defense shall issue regulations to 

prohibit the sale of any tobacco or tobacco-related products in military resale outlets in the United States, its territories and possessions at a price below the most competitive price in the local community: Provided, That such regulations shall direct that the prices 

of tobacco or tobacco-related products in overseas military retail 

outlets shall be within the range of prices established for military 

retail system stores located in the United States. 

SEC. 8035. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working 

Capital Funds shall be used for the purchase of an investment item 

for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year 

to customers of the Department of Defense Working Capital Funds 

if such an item would not have been chargeable to the Department 

of Defense Business Operations Fund during fiscal year 1994 and 

if the purchase of such an investment item would be chargeable 

during the current fiscal year to appropriations made to the Department of Defense for procurement. 

(b) The fiscal year 2018 budget request for the Department of Defense as well as all justification material and other documentation 

supporting the fiscal year 2018 Department of Defense budget shall 
243

be prepared and submitted to the Congress on the basis that any 

equipment which was classified as an end item and funded in a 

procurement appropriation contained in this Act shall be budgeted 

for in a proposed fiscal year 2018 procurement appropriation and 

not in the supply management business area or any other area or 

category of the Department of Defense Working Capital Funds. 

SEC. 8036. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for 

obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2018: Provided, That funds appropriated, 

transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior 

or subsequent fiscal year shall remain available until expended: 

Provided further, That any funds appropriated or transferred to the 

Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947 (50 U.S.C. 3093) shall remain available 

until September 30, 2018. 

SEC. 8037. Notwithstanding any other provision of law, funds 

made available in this Act and hereafter for the Defense Intelligence Agency may be used for the design, development, and deployment of General Defense Intelligence Program intelligence 

communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands.

SEC. 8038. Of the funds appropriated to the Department of Defense under the heading ‘‘Operation and Maintenance, 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 
244

cost-competitive, quality competitive, and available in a timely 

fashion.

SEC. 8040. Notwithstanding any other provision of law, none of 

the funds appropriated or otherwise made available by this or any 

other Act may be used to consolidate or relocate any element of a 

United States Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) outside of the 

United States until the Secretary of the Air Force— 

(1) completes an analysis and comparison of the cost and infrastructure investment required to consolidate or relocate a 

RED HORSE squadron outside of the United States versus 

within the United States; 

(2) provides to the congressional defense committees a report 

detailing the findings of the cost analysis; and 

(3) certifies in writing to the congressional defense committees that the preferred site for the consolidation or relocation 

yields the greatest savings for the Air Force: 

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-by-case 

basis, if the Secretary determines, and certifies to the Committees 

on Appropriations of the House of Representatives and the Senate 

that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. 

(c) This section does not apply to— 

(1) field operating agencies funded within the National Intelligence Program; 

(2) an Army field operating agency established to eliminate, 

mitigate, or counter the effects of improvised explosive devices, 

and, as determined by the Secretary of the Army, other similar 

threats;

(3) an Army field operating agency established to improve 

the effectiveness and efficiencies of biometric activities and to 

integrate common biometric technologies throughout the Department of Defense; or 

(4) an Air Force field operating agency established to administer the Air Force Mortuary Affairs Program and Mortuary 

Operations for the Department of Defense and authorized Federal entities. 

SEC. 8042. (a) None of the funds appropriated by this Act shall 

be available to convert to contractor performance an activity or 

function of the Department of Defense that, on or after the date of 

the enactment of this Act, is performed by Department of Defense 

civilian employees unless— 
245

(1) the conversion is based on the result of a public-private 

competition that includes a most efficient and cost effective organization plan developed by such activity or function; 

(2) the Competitive Sourcing Official determines that, over 

all performance periods stated in the solicitation of offers for 

performance of the activity or function, the cost of performance 

of the activity or function by a contractor would be less costly 

to the Department of Defense by an amount that equals or exceeds the lesser of— 

(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or 

function by Federal employees; or (B) $10,000,000; and 

(3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense 

by—

(A) not making an employer-sponsored health insurance 

plan available to the workers who are to be employed in 

the performance of that activity or function under the contract; or 

(B) offering to such workers an employer-sponsored 

health benefits plan that requires the employer to contribute less towards the premium or subscription share 

than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code. 

(b)(1) The Department of Defense, without regard to subsection 

(a) of this section or subsection (a), (b), or (c) of section 2461 of title 

10, United States Code, and notwithstanding any administrative 

regulation, requirement, or policy to the contrary shall have full 

authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense 

that—

(A) is included on the procurement list established pursuant 

to section 2 of the Javits-Wagner-O’Day Act (section 8503 of 

title 41, United States Code); 

(B) is planned to be converted to performance by a qualified 

nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance 

with that Act; or 

(C) is planned to be converted to performance by a qualified 

firm under at least 51 percent ownership by an Indian tribe, 

as defined in section 4(e) of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small 

Business Act (15 U.S.C. 637(a)(15)). 

(2) This section shall not apply to depot contracts or contracts for 

depot maintenance as provided in sections 2469 and 2474 of title 

10, United States Code. 

(c) The conversion of any activity or function of the Department 

of Defense under the authority provided by this section shall be 

credited toward any competitive or outsourcing goal, target, or 

measurement that may be established by statute, regulation, or 

policy and is deemed to be awarded under the authority of, and in 
246

compliance with, subsection (h) of section 2304 of title 10, United 

States Code, for the competition or outsourcing of commercial activities.

(RESCISSIONS)

SEC. 8043. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism or as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced 

Budget and Emergency Deficit Control Act of 1985, as amended: 

‘‘Aircraft Procurement, Army’’, 2015/2017, $15,000,000; 

‘‘Other Procurement, Army’’, 2015/2017, $23,045,000; 

‘‘Aircraft Procurement, Navy’’, 2015/2017, $88,000,000; 

‘‘Weapons Procurement, Navy’’, 2015/2017, $11,933,000; 

‘‘Procurement of Ammunition, Navy and Marine Corps’’, 

2015/2017, $43,600,000; 

‘‘Aircraft Procurement, Air Force’’, 2015/2017, $57,000,000; 

‘‘Other Procurement, Air Force’’, 2015/2017, $25,500,000; 

‘‘Aircraft Procurement, Army’’, 2016/2018, $34,594,000; 

‘‘Procurement of Ammunition, Army’’, 2016/2018, $5,000,000; 

‘‘Other Procurement, Army’’, 2016/2018, $84,100,000; 

‘‘Aircraft Procurement, Navy’’, 2016/2018, $6,755,000; 

‘‘Weapons Procurement, Navy’’, 2016/2018, $5,307,000; 

‘‘Procurement of Ammunition, Navy and Marine Corps’’, 

2016/2018, $6,968,000; 

‘‘Shipbuilding and Conversion, Navy’’, 2016/2020: DDG-51 

Destroyer, $50,000,000; 

‘‘Shipbuilding and Conversion, Navy’’, 2016/2020: LPD-17, 

$14,906,000;

‘‘Shipbuilding and Conversion, Navy’’, 2016/2020: LX (R), 

(AP), $236,000,000; 

‘‘Other Procurement, Navy’’, 2016/2018, $56,374,000; 

‘‘Aircraft Procurement, Air Force’’, 2016/2018, $383,200,000; 

‘‘Missile Procurement, Air Force’’, 2016/2018, $34,700,000; 

‘‘Space Procurement, Air Force’’, 2016/2018, $100,000,000; 

‘‘Other Procurement, Air Force’’, 2016/2018, $56,369,000; 

‘‘Procurement, Defense-Wide’’, 2016/2018, $2,600,000; 

‘‘Research, Development, Test and Evaluation, Army’’, 2016/ 

2017, $33,402,000; 

‘‘Research, Development, Test and Evaluation, Navy’’, 2016/ 

2017, $31,219,000; 

‘‘Research, Development, Test and Evaluation, Air Force’’, 

2016/2017, $532,550,000; and 

‘‘Research, Development, Test and Evaluation, 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 
247

on military technicians (dual status), unless such reductions are a 

direct result of a reduction in military force structure. 

SEC. 8045. None of the funds appropriated or otherwise made 

available in this Act may be obligated or expended for assistance 

to the Democratic People’s Republic of Korea unless specifically appropriated for that purpose. 

SEC. 8046. Funds appropriated in this Act for operation and 

maintenance of the Military Departments, Combatant Commands 

and Defense Agencies shall be available for reimbursement of pay, 

allowances and other expenses which would otherwise be incurred 

against appropriations for the National Guard and Reserve when 

members of the National Guard and Reserve provide intelligence or 

counterintelligence support to Combatant Commands, Defense 

Agencies and Joint Intelligence Activities, including the activities 

and programs included within the National Intelligence Program 

and the Military Intelligence Program: Provided, That nothing in 

this section authorizes deviation from established Reserve and National Guard personnel and training procedures. 

SEC. 8047. (a) None of the funds available to the Department of 

Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of 

the United States except as specifically provided in an appropriations law. 

(b) None of the funds available to the Central Intelligence Agency 

for any fiscal year for drug interdiction or counter-drug activities 

may be transferred to any other department or agency of the 

United States except as specifically provided in an appropriations 

law.

SEC. 8048. None of the funds appropriated by this Act may be 

used for the procurement of ball and roller bearings other than 

those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible 

for such procurement may waive this restriction on a case-by-case 

basis by certifying in writing to the Committees on Appropriations 

of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet Department of Defense 

requirements on a timely basis and that such an acquisition must 

be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to the 

purchase of ‘‘commercial items’’, as defined by section 103 of title 

41, United States Code, except that the restriction shall apply to 

ball or roller bearings purchased as end items. 

SEC. 8049. None of the funds made available by this Act may be 

used to retire, divest, realign, or transfer RQ–4B Global Hawk aircraft, or to disestablish or convert units associated with such aircraft.

SEC. 8050. None of the funds made available by this Act for 

Evolved Expendable Launch Vehicle service competitive procurements may be used unless the competitive procurements are open 

for award to all certified providers of Evolved Expendable Launch 

Vehicle-class systems: Provided, That the award shall be made to 

the provider that offers the best value to the government. 

SEC. 8051. In addition to the amounts appropriated or otherwise 

made available elsewhere in this Act, $44,000,000 is hereby appro-
248

priated to the Department of Defense: Provided, That upon the determination of the Secretary of Defense that it shall serve the national interest, the Secretary shall make grants in the amounts 

specified as follows: $20,000,000 to the United Service Organizations and $24,000,000 to the Red Cross. 

SEC. 8052. None of the funds in this Act may be used to purchase 

any supercomputer which is not manufactured in the United 

States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made 

in order to acquire capability for national security purposes that is 

not available from United States manufacturers. 

SEC. 8053. Notwithstanding any other provision in this Act, the 

Small Business Innovation Research program and the Small Business Technology Transfer program set-asides shall be taken proportionally from all programs, projects, or activities to the extent they 

contribute to the extramural budget. 

SEC. 8054. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs 

of any amount paid by the contractor to an employee when— 

(1) such costs are for a bonus or otherwise in excess of the 

normal salary paid by the contractor to the employee; and 

(2) such bonus is part of restructuring costs associated with 

a business combination. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8055. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading 

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred to 

appropriations available for the pay of military personnel, to be 

merged with, and to be available for the same time period as the 

appropriations to which transferred, to be used in support of such 

personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code. 

SEC. 8056. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed 

under the provisions of section 1552 of title 31, United States Code, 

and which has a negative unliquidated or unexpended balance, an 

obligation or an adjustment of an obligation may be charged to any 

current appropriation account for the same purpose as the expired 

or closed account if— 

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the 

end of the period of availability or closing of that account; 

(2) the obligation is not otherwise properly chargeable to any 

current appropriation account of the Department of Defense; 

and

(3) in the case of an expired account, the obligation is not 

chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National 

Defense Authorization Act for Fiscal Year 1991, Public Law 

101–510, as amended (31 U.S.C. 1551 note): Provided, That in 
249

the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a 

current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation 

under this section may not exceed an amount equal to 1 percent of the total appropriation for that account. 

SEC. 8057. (a) Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of 

the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. 

(b) Amounts collected under subsection (a) shall be credited to 

funds available for the National Guard Distance Learning Project 

and be available to defray the costs associated with the use of 

equipment of the project under that subsection. Such funds shall 

be available for such purposes without fiscal year limitation. 

SEC. 8058. None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific 

fleet: Provided, That the command and control relationships which 

existed on October 1, 2004, shall remain in force until a written 

modification has been proposed to the House and Senate Appropriations Committees: Provided further, That the proposed modification may be implemented 30 days after the notification unless 

an objection is received from either the House or Senate Appropriations Committees: Provided further, That any proposed modification shall not preclude the ability of the commander of United 

States Pacific Command to meet operational requirements. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8059. Of the funds appropriated in this Act under the head- ing ‘‘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 
250

writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 

SEC. 8061. (a) The Secretary of Defense may, on a case-by-case 

basis, waive with respect to a foreign country each limitation on 

the procurement of defense items from foreign sources provided in 

law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the 

foreign country, or would invalidate reciprocal trade agreements for 

the procurement of defense items entered into under section 2531 

of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the 

United States for that country. 

(b) Subsection (a) applies with respect to— 

(1) contracts and subcontracts entered into on or after the 

date of the enactment of this Act; and 

(2) options for the procurement of items that are exercised 

after such date under contracts that are entered into before 

such date if the option prices are adjusted for any reason other 

than the application of a waiver granted under subsection (a). 

(c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section XI (chapters 50–65) 

of the Harmonized Tariff Schedule of the United States and products classified under headings 4010, 4202, 4203, 6401 through 

6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 

7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 

9404.

SEC. 8062. None of the funds appropriated or otherwise made 

available by this or other Department of Defense Appropriations 

Acts may be obligated or expended for the purpose of performing 

repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official 

Department of Defense business. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8063. Of the amounts appropriated for ‘‘Operation and 

Maintenance, Navy’’, up to $1,000,000 shall be available for transfer to the John C. Stennis Center for Public Service Development 

Trust Fund established under section 116 of the John C. Stennis 

Center for Public Service Training and Development Act (2 U.S.C. 

1105).

SEC. 8064. Notwithstanding any other provision of law, funds appropriated in this Act under the heading ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’ for any new start advanced 

concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, including a description of the project, the planned acquisition and 

transition strategy and its estimated annual and total cost, has 

been provided in writing to the congressional defense committees: 

Provided, That the Secretary of Defense may waive this restriction 
251

on a case-by-case basis by certifying to the congressional defense 

committees that it is in the national interest to do so. 

SEC. 8065. The Secretary of Defense shall continue to provide a 

classified quarterly report to the House and Senate Appropriations 

Committees, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act. 

SEC. 8066. Notwithstanding section 12310(b) of title 10, United 

States Code, a Reserve who is a member of the National Guard 

serving on full-time National Guard duty under section 502(f) of 

title 32, United States Code, may perform duties in support of the 

ground-based elements of the National Ballistic Missile Defense 

System.

SEC. 8067. None of the funds provided in this Act may be used 

to transfer to any nongovernmental entity ammunition held by the 

Department of Defense that has a center-fire cartridge and a 

United States military nomenclature designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

‘‘armor-piercing incendiary tracer (API–T)’’, except to an entity performing demilitarization services for the Department of Defense 

under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to 

a contract with the Department of Defense or the manufacture of 

ammunition for export pursuant to a License for Permanent Export 

of Unclassified Military Articles issued by the Department of State. 

SEC. 8068. Notwithstanding any other provision of law, the Chief 

of the National Guard Bureau, or his designee, may waive payment 

of all or part of the consideration that otherwise would be required 

under section 2667 of title 10, United States Code, in the case of 

a lease of personal property for a period not in excess of 1 year to 

any organization specified in section 508(d) of title 32, United 

States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National Guard 

Bureau, or his designee, on a case-by-case basis. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8069. Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Army’’, $75,950,170 shall remain available until expended: Provided, That, notwithstanding 

any other provision of law, the Secretary of Defense is authorized 

to transfer such funds to other activities of the Federal Government: Provided further, That the Secretary of Defense is authorized 

to enter into and carry out contracts for the acquisition of real 

property, construction, personal services, and operations related to 

projects carrying out the purposes of this section: Provided further,

That contracts entered into under the authority of this section may 

provide for such indemnification as the Secretary determines to be 

necessary: Provided further, That projects authorized by this section shall comply with applicable Federal, State, and local law to 

the maximum extent consistent with the national security, as determined by the Secretary of Defense. 

SEC. 8070. (a) None of the funds appropriated in this or any 

other Act may be used to take any action to modify— 
252

(1) the appropriations account structure for the National Intelligence Program budget, including through the creation of a 

new appropriation or new appropriation account; 

(2) how the National Intelligence Program budget request is 

presented in the unclassified P–1, R–1, and O–1 documents 

supporting the Department of Defense budget request; 

(3) the process by which the National Intelligence Program 

appropriations are apportioned to the executing agencies; or 

(4) the process by which the National Intelligence Program 

appropriations are allotted, obligated and disbursed. 

(b) Nothing in section (a) shall be construed to prohibit the merger of programs or changes to the National Intelligence Program 

budget at or below the Expenditure Center level, provided such 

change is otherwise in accordance with paragraphs (a)(1)–(3). 

(c) The Director of National Intelligence and the Secretary of Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management processes. Such study shall include a comprehensive counterintelligence 

risk assessment to ensure that none of the alternative processes 

will adversely affect counterintelligence. 

(d) Upon development of the detailed proposals defined under 

subsection (c), the Director of National Intelligence and the Secretary of Defense shall— 

(1) provide the proposed alternatives to all affected agencies; 

(2) receive certification from all affected agencies attesting 

that the proposed alternatives will help achieve auditability, 

improve fiscal reporting, and will not adversely affect counterintelligence; and 

(3) not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees. 

SEC. 8071. In addition to amounts provided elsewhere in this Act, $5,000,000 is hereby appropriated to the Department of Defense, to 

remain available for obligation until expended: Provided, That notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant to the Fisher 

House Foundation, Inc., only for the construction and furnishing of 

additional Fisher Houses to meet the needs of military family 

members when confronted with the illness or hospitalization of an 

eligible military beneficiary. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8072. Of the amounts appropriated in this Act under the 

headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $600,735,000 shall be 

for the Israeli Cooperative Programs: Provided, That of this 

amount, $62,000,000 shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron 

Dome defense system to counter short-range rocket threats, subject 

to the U.S.-Israel Iron Dome Procurement Agreement, as amended; 

$266,511,000 shall be for the Short Range Ballistic Missile Defense 
253

(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 coproduction activities of Arrow 3 Upper Tier missiles in the United 

States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, of 

which not more than $70,000,000 subject to previously established 

transfer procedures, may be obligated or expended until establishment of a U.S.-Israeli co-production agreement for Arrow 3 Upper 

Tier; and $67,331,000 shall be for the Arrow System Improvement 

Program including development of a long range, ground and airborne, detection suite: Provided further, That the transfer authority 

provided under this provision is in addition to any other transfer 

authority contained in this Act. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8073. Of the amounts appropriated in this Act under the heading ‘‘Shipbuilding and Conversion, Navy’’, $160,274,000 shall 

be available until September 30, 2017, to fund prior year shipbuilding cost increases: Provided, That upon enactment of this Act, 

the Secretary of the Navy shall transfer funds to the following appropriations in the amounts specified: Provided further, That the 

amounts transferred shall be merged with and be available for the 

same purposes as the appropriations to which transferred to: 

(1) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

2012/2017: LPD–17 Amphibious Transport Dock Program 

$45,060,000;

(2) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2011/2017: DDG–51 Destroyer $15,959,000; 

(3) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2012/2017: Littoral Combat Ship $3,600,000; 

(4) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2013/2017: Littoral Combat Ship $82,400,000; 

(5) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2012/2017: Expeditionary Fast Transport $6,710,000; and 

(6) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

2013/2017: Expeditionary Fast Transport $6,545,000. 

SEC. 8074. Funds appropriated by this Act, or made available by 

the transfer of funds in this Act, for intelligence activities are 

deemed to be specifically authorized by the Congress for purposes 

of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) 

during fiscal year 2017 until the enactment of the Intelligence Authorization Act for Fiscal Year 2017. 

SEC. 8075. None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of 

funds that creates or initiates a new program, project, or activity 

unless such program, project, or activity must be undertaken im-
254

mediately in the interest of national security and only after written 

prior notification to the congressional defense committees. 

SEC. 8076. The budget of the President for fiscal year 2018 submitted to the Congress pursuant to section 1105 of title 31, United 

States Code, shall include separate budget justification documents 

for costs of United States Armed Forces’ participation in contingency operations for the Military Personnel accounts, the Operation 

and Maintenance accounts, the Procurement accounts, and the Research, Development, Test and Evaluation accounts: Provided, That 

these documents shall include a description of the funding requested for each contingency operation, for each military service, to 

include all Active and Reserve components, and for each appropriations account: Provided further, That these documents shall include 

estimated costs for each element of expense or object class, a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop 

strength for each Active and Reserve component, and estimates of 

the major weapons systems deployed in support of each contingency: Provided further, That these documents shall include budget 

exhibits OP–5 and OP–32 (as defined in the Department of Defense 

Financial Management Regulation) for all contingency operations 

for the budget year and the two preceding fiscal years. 

SEC. 8077. None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment 

of nuclear armed interceptors of a missile defense system. 

SEC. 8078. Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign exchange rates, the total 

amount appropriated in this Act is hereby reduced by 

$157,000,000.

SEC. 8079. None of the funds appropriated or made available in 

this Act shall be used to reduce or disestablish the operation of the 

53rd Weather Reconnaissance Squadron of the Air Force Reserve, 

if such action would reduce the WC–130 Weather Reconnaissance 

mission below the levels funded in this Act: Provided, That the Air 

Force shall allow the 53rd Weather Reconnaissance Squadron to 

perform other missions in support of national defense requirements 

during the non-hurricane season. 

SEC. 8080. None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the 

information has been lawfully collected and processed during the 

conduct of authorized foreign intelligence activities: Provided, That 

information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through 

Executive Order No. 12333. 

SEC. 8081. (a) None of the funds appropriated by this Act may 

be used to transfer research and development, acquisition, or other 

program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. 

(b) The Army shall retain responsibility for and operational control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) in 

order to support the Secretary of Defense in matters relating to the 

employment of unmanned aerial vehicles. 
255

SEC. 8082. Up to $10,120,000 of the funds appropriated under 

the heading ‘‘Operation and Maintenance, Navy’’ may be made 

available for the Asia Pacific Regional Initiative Program for the 

purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and 

payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made 

available for this purpose may be used, notwithstanding any other 

funding authorities for humanitarian assistance, security assistance or combined exercise expenses: Provided further, That funds 

may not be obligated to provide assistance to any foreign country 

that is otherwise prohibited from receiving such type of assistance 

under any other provision of law. 

SEC. 8083. None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except 

for funds appropriated for research and technology, which shall remain available until September 30, 2018. 

SEC. 8084. For purposes of section 1553(b) of title 31, United 

States Code, any subdivision of appropriations made in this Act 

under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 

considered to be for the same purpose as any subdivision under the 

heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations in 

any prior fiscal year, and the 1 percent limitation shall apply to the 

total amount of the appropriation. 

SEC. 8085. (a) Not later than 60 days after the date of enactment 

of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the 

baseline for application of reprogramming and transfer authorities 

for fiscal year 2017: Provided, That the report shall include— 

(1) a table for each appropriation with a separate column to 

display the President’s budget request, adjustments made by 

Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation by Expenditure Center and project; and 

(3) an identification of items of special congressional interest. 

(b) None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National 

Intelligence certifies in writing to the congressional intelligence 

committees that such reprogramming or transfer is necessary as an 

emergency requirement. 

SEC. 8086. None of the funds made available by this Act may be 

used to eliminate, restructure, or realign Army Contracting Command—New Jersey or make disproportionate personnel reductions 

at any Army Contracting Command—New Jersey sites without 30- 

day prior notification to the congressional defense committees. 

(RESCISSION)

SEC. 8087. Of the unobligated balances available to the Department of Defense, the following funds are permanently rescinded 

from the following accounts and programs in the specified amounts 
256

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 Devel- opment Fund, Defense’’, $531,000,000. 

SEC. 8088. None of the funds made available by this Act for excess defense articles, assistance under section 1206 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 

163; 119 Stat. 3456), or peacekeeping operations for the countries 

designated annually to be in violation of the standards of the Child 

Soldiers Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 

2370c–1) may be used to support any military training or operation 

that includes child soldiers, as defined by the Child Soldiers Prevention Act of 2008, unless such assistance is otherwise permitted 

under section 404 of the Child Soldiers Prevention Act of 2008. 

SEC. 8089. Of the amounts appropriated for ‘‘Operation and Maintenance, Defense-Wide’’, $67,500,000, to remain available 

until expended, shall be available, notwithstanding any other provision of law, to the Secretary of Defense acting through the Office 

of Economic Adjustment of the Department of Defense to make 

grants, conclude cooperative agreements, and supplement other 

Federal funds to address the need for assistance to support critical 

existing and enduring military installations and missions on Guam, 

as well as any potential Department of Defense growth, for purposes of addressing the need for civilian water and wastewater improvements.

SEC. 8090. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be 

available for obligation or expenditure through a reprogramming or 

transfer of funds in accordance with section 102A(d) of the National 

Security Act of 1947 (50 U.S.C. 3024(d)) that— 

(1) creates a new start effort; 

(2) terminates a program with appropriated funding of $10,000,000 or more; 

(3) transfers funding into or out of the National Intelligence 

Program; or 

(4) transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period 

may be reduced for urgent national security requirements. 

(b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for 

obligation or expenditure through a reprogramming or transfer of 

funds in accordance with section 102A(d) of the National Security 

Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of 

funds; this notification period may be reduced for urgent national 

security requirements. 
257

SEC. 8091. The Director of National Intelligence shall submit to 

Congress each year, at or about the time that the President’s budget is submitted to Congress that year under section 1105(a) of title 

31, United States Code, a future-years intelligence program (including associated annexes) reflecting the estimated expenditures 

and proposed appropriations included in that budget. Any such future-years intelligence program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. 

SEC. 8092. For the purposes of this Act, the term ‘‘congressional 

intelligence committees’’ means the Permanent Select Committee 

on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense 

of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8093. During the current fiscal year, not to exceed 

$11,000,000 from each of the appropriations made in title II of this 

Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’ may 

be transferred by the military department concerned to its central 

fund established for Fisher Houses and Suites pursuant to section 

2493(d) of title 10, United States Code. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8094. Funds appropriated by this Act for operation and 

maintenance may be available for the purpose of making remittances and transfer to the Defense Acquisition Workforce Development Fund in accordance with section 1705 of title 10, United 

States Code. 

SEC. 8095. (a) Any agency receiving funds made available in this 

Act, shall, subject to subsections (b) and (c), post on the public Web 

site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head 

of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so only 

after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 

SEC. 8096. (a) None of the funds appropriated or otherwise made 

available by this Act may be expended for any Federal contract for 

an amount in excess of $1,000,000, unless the contractor agrees not 

to—

(1) enter into any agreement with any of its employees or 

independent contractors that requires, as a condition of employment, that the employee or independent contractor agree 

to resolve through arbitration any claim under title VII of the 

Civil Rights Act of 1964 or any tort related to or arising out 
258

of sexual assault or harassment, including assault and battery, 

intentional infliction of emotional distress, false imprisonment, 

or negligent hiring, supervision, or retention; or 

(2) take any action to enforce any provision of an existing 

agreement with an employee or independent contractor that 

mandates that the employee or independent contractor resolve 

through arbitration any claim under title VII of the Civil 

Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, 

or negligent hiring, supervision, or retention. 

(b) None of the funds appropriated or otherwise made available 

by this Act may be expended for any Federal contract unless the 

contractor certifies that it requires each covered subcontractor to 

agree not to enter into, and not to take any action to enforce any 

provision of, any agreement as described in paragraphs (1) and (2) 

of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes 

of this subsection, a ‘‘covered subcontractor’’ is an entity that has 

a subcontract in excess of $1,000,000 on a contract subject to subsection (a). 

(c) The prohibitions in this section do not apply with respect to 

a contractor’s or subcontractor’s agreements with employees or 

independent contractors that may not be enforced in a court of the 

United States. 

(d) The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the 

purposes of a particular contract or subcontract if the Secretary or 

the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United 

States, and that the term of the contract or subcontract is not 

longer than necessary to avoid such harm. The determination shall 

set forth with specificity the grounds for the waiver and for the 

contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such 

alternative would not avoid harm to national security interests of 

the United States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under 

this subsection not less than 15 business days before the contract 

or subcontract addressed in the determination may be awarded. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8097. From within the funds appropriated for operation and 

maintenance for the Defense Health Program in this Act, up to 

$122,375,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility 

Demonstration Fund in accordance with the provisions of section 

1704 of the National Defense Authorization Act for Fiscal Year 

2010, Public Law 111–84: Provided, That for purposes of section 

1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the 

Navy Ambulatory Care Center, and supporting facilities designated 

as a combined Federal medical facility as described by section 706 
259

of Public Law 110–417: Provided further, That additional funds 

may be transferred from funds appropriated for operation and 

maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility 

Demonstration Fund upon written notification by the Secretary of 

Defense to the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 8098. None of the funds appropriated or otherwise made 

available by this Act may be used by the Department of Defense 

or a component thereof in contravention of the provisions of section 

130h of title 10, United States Code. 

SEC. 8099. Appropriations available to the Department of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection 

purposes up to a limit of $450,000 per vehicle, notwithstanding 

price or other limitations applicable to the purchase of passenger 

carrying vehicles. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8100. Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $1,500,000,000 of the 

funds made available in this Act for the National Intelligence Program: Provided, That such authority to transfer may not be used 

unless for higher priority items, based on unforeseen intelligence 

requirements, than those for which originally appropriated and in 

no case where the item for which funds are requested has been denied by the Congress: Provided further, That a request for multiple 

reprogrammings of funds using authority provided in this section 

shall be made prior to June 30, 2017. 

SEC. 8101. None of the funds appropriated or otherwise made 

available in this or any other Act may be used to transfer, release, 

or assist in the transfer or release to or within the United States, 

its territories, or possessions Khalid Sheikh Mohammed or any 

other detainee who— 

(1) is not a United States citizen or a member of the Armed 

Forces of the United States; and 

(2) is or was held on or after June 24, 2009, at United States 

Naval Station, 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— 
260

(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: 

(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 
261

unless such flags are treated as covered items under section 

2533a(b) of title 10, United States Code. 

SEC. 8107. (a) Of the funds appropriated in this Act for the Department of Defense, amounts may be made available, under such 

regulations as the Secretary of Defense may prescribe, to local military commanders appointed by the Secretary, or by an officer or 

employee designated by the Secretary, to provide at their discretion 

ex gratia payments in amounts consistent with subsection (d) of 

this section for damage, personal injury, or death that is incident 

to combat operations of the Armed Forces in a foreign country. 

(b) An ex gratia payment under this section may be provided 

only if— 

(1) the prospective foreign civilian recipient is determined by 

the local military commander to be friendly to the United 

States;

(2) a claim for damages would not be compensable under 

chapter 163 of title 10, United States Code (commonly known 

as the ‘‘Foreign Claims Act’’); and 

(3) the property damage, personal injury, or death was not 

caused by action by an enemy. 

(c) NATURE OF PAYMENTS.—Any payments provided under a program under subsection (a) shall not be considered an admission or 

acknowledgement of any legal obligation to compensate for any 

damage, personal injury, or death. 

(d) AMOUNT OF PAYMENTS.—If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be provided to 

civilians determined to have suffered harm incident to combat operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and 

based on an assessment, which should include such factors as cultural appropriateness and prevailing economic conditions. 

(e) LEGAL ADVICE.—Local military commanders shall receive 

legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department of 

Defense, shall advise on whether an ex gratia payment is proper 

under this section and applicable Department of Defense regulations.

(f) WRITTEN RECORD.—A written record of any ex gratia payment 

offered or denied shall be kept by the local commander and on a 

timely basis submitted to the appropriate office in the Department 

of Defense as determined by the Secretary of Defense. 

(g) REPORT.—The Secretary of Defense shall report to the congressional defense committees on an annual basis the efficacy of 

the ex gratia payment program including the number of types of 

cases considered, amounts offered, the response from ex gratia payment recipients, and any recommended modifications to the program.

SEC. 8108. None of the funds available in this Act to the Department of Defense, other than appropriations made for necessary or 

routine refurbishments, upgrades or maintenance activities, shall 

be used to reduce or to prepare to reduce the number of deployed 

and non-deployed strategic delivery vehicles and launchers below 

the levels set forth in the report submitted to Congress in accord-
262

ance with section 1042 of the National Defense Authorization Act 

for Fiscal Year 2012. 

SEC. 8109. The Secretary of Defense shall post grant awards on 

a public Web site in a searchable format. 

SEC. 8110. None of the funds made available by this Act may be 

used to fund the performance of a flight demonstration team at a 

location outside of the United States: Provided, That this prohibition applies only if a performance of a flight demonstration team 

at a location within the United States was canceled during the current fiscal year due to insufficient funding. 

SEC. 8111. None of the funds made available by this Act may be 

used by the National Security Agency to— 

(1) conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of 

targeting a United States person; or 

(2) acquire, monitor, or store the contents (as such term is 

defined in section 2510(8) of title 18, United States Code) of 

any electronic communication of a United States person from 

a provider of electronic communication services to the public 

pursuant to section 501 of the Foreign Intelligence Surveillance Act of 1978. 

SEC. 8112. None of the funds made available by this Act may be 

obligated or expended to implement the Arms Trade Treaty until 

the Senate approves a resolution of ratification for the Treaty. 

SEC. 8113. None of the funds made available in this or any other 

Act may be used to pay the salary of any officer or employee of any 

agency funded by this Act who approves or implements the transfer 

of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of 

another Federal agency not financed by this Act without the express authorization of Congress: Provided, That this limitation 

shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. 

SEC. 8114. None of the funds made available in this Act may be 

obligated for activities authorized under section 1208 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 112–81; 125 Stat. 1621) to initiate support for, 

or expand support to, foreign forces, irregular forces, groups, or individuals unless the congressional defense committees are notified 

in accordance with the direction contained in the classified annex 

accompanying this Act, not less than 15 days before initiating such 

support: Provided, That none of the funds made available in this 

Act may be used under section 1208 for any activity that is not in 

support of an ongoing military operation being conducted by United 

States Special Operations Forces to combat terrorism: Provided further, That the Secretary of Defense may waive the prohibitions in 

this section if the Secretary determines that such waiver is required by extraordinary circumstances and, by not later than 72 

hours after making such waiver, notifies the congressional defense 

committees of such waiver. 

SEC. 8115. None of the funds made available by this Act may be 

used with respect to Iraq in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of 
263

United States armed forces into hostilities in Iraq, into situations 

in Iraq where imminent involvement in hostilities is clearly indicated by the circumstances, or into Iraqi territory, airspace, or 

waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 

of such Resolution (50 U.S.C. 1542 and 1543). 

SEC. 8116. None of the funds made available by this Act may be 

used to divest, retire, transfer, or place in storage or on backup aircraft inventory status, or prepare to divest, retire, transfer, or place 

in storage or on backup aircraft inventory status, any A–10 aircraft, or to disestablish any units of the active or reserve component associated with such aircraft. 

SEC. 8117. None of the funds provided in this Act for the T– 

AO(X) program shall be used to award a new contract that provides 

for the acquisition of the following components unless those components are manufactured in the United States: Auxiliary equipment 

(including pumps) for shipboard services; propulsion equipment (including engines, reduction gears, and propellers); shipboard cranes; 

and spreaders for shipboard cranes. 

SEC. 8118. The amount appropriated in title II of this Act for 

‘‘Operation and Maintenance, Army’’ is hereby reduced by 

$336,000,000 to reflect excess cash balances in Department of Defense Working Capital Funds. 

SEC. 8119. Notwithstanding any other provision of this Act, to reflect savings due to lower than anticipated fuel costs, the total 

amount appropriated in title II of this Act is hereby reduced by 

$1,155,000,000.

SEC. 8120. None of the funds made available by this Act may be 

used to divest or retire, or to prepare to divest or retire, KC–10 aircraft.

SEC. 8121. None of the funds made available by this Act may be 

used to divest, retire, transfer, or place in storage or on backup aircraft inventory status, or prepare to divest, retire, transfer, or place 

in storage or on backup aircraft inventory status, any EC–130H 

aircraft.

SEC. 8122. None of the funds made available by this Act may be 

used for Government Travel Charge Card expenses by military or 

civilian personnel of the Department of Defense for gaming, or for 

entertainment that includes topless or nude entertainers or participants, as prohibited by Department of Defense FMR, Volume 9, 

Chapter 3 and Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b). 

SEC. 8123. None of the funds made available by this Act may be 

used to propose, plan for, or execute a new or additional Base Realignment and Closure (BRAC) round. 

SEC. 8124. Of the amounts appropriated in this Act for ‘‘Operation and Maintenance, Navy’’, $274,524,000, to remain available 

until expended, may be used for any purposes related to the National Defense Reserve Fleet established under section 11 of the 

Merchant Ship Sales Act of 1946 (50 U.S.C. 4405): Provided, That 

such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States 

Department of Transportation for programs, projects, activities, 

and expenses related to the National Defense Reserve Fleet. 
264

(INCLUDING TRANSFER OF FUNDS)

SEC. 8125. Of the amounts appropriated in this Act, the Sec- retary of Defense may use up to $20,000,000 under the heading 

‘‘Operation and Maintenance, Defense-Wide’’, and up to 

$75,000,000 under the heading ‘‘Research, Development, Test and 

Evaluation, Defense-Wide’’ to develop, replace, and sustain Federal 

Government security and suitability background investigation information technology systems of the Office of Personnel Management or other Federal agency responsible for conducting such investigations: Provided, That the Secretary may reprogram or transfer additional amounts into these headings or into ‘‘Procurement, 

Defense-Wide’’ using established reprogramming procedures applicable to congressional special interest items: Provided further, That 

such funds shall supplement, not supplant any other amounts 

made available to other Federal agencies for such purposes. 

SEC. 8126. None of the funds made available by this Act for the 

Joint Surveillance Target Attack Radar System recapitalization 

program may be obligated or expended for pre-milestone B activities after March 31, 2018. 

SEC. 8127. None of the funds made available by this Act may be 

used to carry out the closure or realignment of the United States 

Naval Station, Guantanamo Bay, Cuba. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8128. Additional readiness funds made available in title II 

of this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and 

Maintenance, Navy’’, ‘‘Operation and Maintenance, Marine Corps’’, 

and ‘‘Operation and Maintenance, Air Force’’ may be transferred to 

and merged with any appropriation of the Department of Defense 

for activities related to the Zika virus in order to provide health 

support for the full range of military operations and sustain the 

health of the members of the Armed Forces, civilian employees of 

the Department of Defense, and their families, to include: research 

and development, disease surveillance, vaccine development, rapid 

detection, vector controls and surveillance, training, and outbreak 

response: Provided, That the authority provided in this section is 

subject to the same terms and conditions as the authority provided 

in section 8005 of this Act. 

SEC. 8129. (a) None of the funds made available in this Act may 

be used to maintain or establish a computer network unless such 

network is designed to block access to pornography websites. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the 

national defense, including intelligence activities. 

(RESCISSION)

SEC. 8130. (a) The Ship Modernization, Operations and 

Sustainment Fund established by section 8103 of the Department 

of Defense Appropriations Act, 2013 (division C of Public Law 113– 

6; 127 Stat. 321) is hereby terminated, effective as of the date of 

the enactment of this Act. 
265

(b) Any unobligated balances in the Ship Modernization, Operations and Sustainment Fund as of the date of the enactment of 

this Act are hereby rescinded. 

SEC. 8131. None of the funds made available by this Act may be 

used to provide arms, training, or other assistance to the Azov Battalion.

SEC. 8132. Notwithstanding any other provision of law, any 

transfer of funds appropriated or otherwise made available by this 

Act to the Global Engagement Center pursuant to section 1287 of 

the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) shall be made in accordance with section 8005 or 

9002 of this Act, as applicable. 

SEC. 8133. No amounts credited or otherwise made available in 

this or any other Act to the Department of Defense Acquisition 

Workforce Development Fund may be transferred to: 

(1) the Rapid Prototyping Fund established under section 

804(d) of the National Defense Authorization Act for Fiscal 

Year 2016 (10 U.S.C. 2302 note); or 

(2) credited to a military-department specific fund established under section 804(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (as amended by section 897 of 

the National Defense Authorization Act for Fiscal Year 2017). 

SEC. 8134. No funds provided in this Act shall be used to deny 

an Inspector General funded under this Act timely access to any 

records, documents, or other materials available to the department 

or agency over which that Inspector General has responsibilities 

under the Inspector General Act of 1978, or to prevent or impede 

that Inspector General’s access to such records, documents, or other 

materials, under any provision of law, except a provision of law 

that expressly refers to the Inspector General and expressly limits 

the Inspector General’s right of access. A department or agency 

covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely 

manner. Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided 

by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978. Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the 

Senate within 5 calendar days any failures to comply with this requirement.

TITLE 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 Ter-
266

rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$327,427,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $179,733,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, 

$705,706,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, $42,506,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, 

$11,929,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine Corps’’, 

$3,764,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’, 

$20,535,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 
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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, Ma- rine Corps’’, $1,607,259,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force’’, $10,556,598,000: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $6,476,649,000: Provided, That of the funds provided 

under this heading, not to exceed $920,000,000, to remain available 

until September 30, 2018, shall be for payments to reimburse key 

cooperating nations for logistical, military, and other support, including access, provided to United States military and stability op-
268

erations in Afghanistan and to counter the Islamic State of Iraq 

and the Levant: Provided further, That such reimbursement payments may be made in such amounts as the Secretary of Defense, 

with the concurrence of the Secretary of State, and in consultation 

with the Director of the Office of Management and Budget, may determine, based on documentation determined by the Secretary of 

Defense to adequately account for the support provided, and such 

determination is final and conclusive upon the accounting officers 

of the United States, and 15 days following notification to the appropriate congressional committees: Provided further, That these 

funds may be used for the purpose of providing specialized training 

and procuring supplies and specialized equipment and providing 

such supplies and loaning such equipment on a non-reimbursable 

basis to coalition forces supporting United States military and stability operations in Afghanistan and to counter the Islamic State 

of Iraq and the Levant, and 15 days following notification to the 

appropriate congressional committees: Provided further, That these 

funds may be used to support the Government of Jordan, in such 

amounts as the Secretary of Defense may determine, to enhance 

the ability of the armed forces of Jordan to increase or sustain security along its borders, upon 15 days prior written notification to 

the congressional defense committees outlining the amounts intended to be provided and the nature of the expenses incurred: Provided further, That of the funds provided under this heading, not 

to exceed $750,000,000, to remain available until September 30, 

2018, shall be available to provide support and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or other Department of Defense security cooperation programs: Provided further,

That of the funds provided under this heading, up to $30,000,000 

shall be for Operation Observant Compass: Provided further, That 

the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this 

paragraph: Provided further, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, Army 

Reserve’’, $38,679,000: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, Navy 

Reserve’’, $26,265,000: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 
269

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, Ma- rine Corps Reserve’’, $3,304,000: Provided, That such amount is 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air Force Reserve’’, $57,586,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Army National Guard’’, $127,035,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air National Guard’’, $20,000,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

AFGHANISTAN SECURITY FORCES FUND

For the ‘‘Afghanistan Security Forces Fund’’, $4,262,715,000, to 

remain available until September 30, 2018: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the 

Commander, Combined Security Transition Command—Afghanistan, or the Secretary’s designee, to provide assistance, with the 

concurrence of the Secretary of State, to the security forces of Afghanistan, including the provision of equipment, supplies, services, 

training, facility and infrastructure repair, renovation, construction, and funding: Provided further, That the Secretary of Defense 

may obligate and expend funds made available to the Department 

of Defense in this title for additional costs associated with existing 

projects previously funded with amounts provided under the heading ‘‘Afghanistan Infrastructure Fund’’ in prior Acts: Provided further, That such costs shall be limited to contract changes resulting 

from inflation, market fluctuation, rate adjustments, and other necessary contract actions to complete existing projects, and associated 

supervision and administration costs and costs for design during 

construction: Provided further, That the Secretary may not use 

more than $50,000,000 under the authority provided in this section: Provided further, That the Secretary shall notify in advance 

such contract changes and adjustments in annual reports to the 

congressional defense committees: Provided further, That the au-
270

thority to provide assistance under this heading is in addition to 

any other authority to provide assistance to foreign nations: Provided further, That contributions of funds for the purposes provided 

herein from any person, foreign government, or international organization may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further, That the 

Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior 

to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation: Provided further, That the Secretary of Defense shall notify 

the congressional defense committees of any proposed new projects 

or transfer of funds between budget sub-activity groups in excess 

of $20,000,000: Provided further, That the United States may accept equipment procured using funds provided under this heading 

in this or prior Acts that was transferred to the security forces of 

Afghanistan and returned by such forces to the United States: Provided further, That equipment procured using funds provided 

under this heading in this or prior Acts, and not yet transferred 

to the security forces of Afghanistan or transferred to the security 

forces of Afghanistan and returned by such forces to the United 

States, may be treated as stocks of the Department of Defense 

upon written notification to the congressional defense committees: 

Provided further, That of the funds provided under this heading, not less than $10,000,000 shall be for recruitment and retention of 

women in the Afghanistan National Security Forces, and the recruitment and training of female security personnel: Provided further, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

COUNTER-ISIL TRAIN AND EQUIP FUND

For the ‘‘Counter-Islamic State of Iraq and the Levant Train and Equip Fund’’, $980,000,000, to remain available until September 

30, 2018: Provided, That such funds shall be available to the Secretary of Defense in coordination with the Secretary of State, to 

provide assistance, including training; equipment; logistics support, 

supplies, and services; stipends; infrastructure repair and renovation; and sustainment, to foreign security forces, irregular forces, 

groups, or individuals participating, or preparing to participate in 

activities to counter the Islamic State of Iraq and the Levant, and 

their affiliated or associated groups: Provided further, That these 

funds may be used, in such amounts as the Secretary of Defense 

may determine, to enhance the border security of nations adjacent 

to conflict areas, including Jordan and Lebanon, resulting from actions of the Islamic State of Iraq and the Levant: Provided further,

That amounts made available under this heading shall be available 

to provide assistance only for activities in a country designated by 

the Secretary of Defense, in coordination with the Secretary of 

State, as having a security mission to counter the Islamic State of 
271

Iraq and the Levant, and following written notification to the congressional defense committees of such designation: Provided further, That the Secretary of Defense shall ensure that prior to providing assistance to elements of any forces or individuals, such elements or individuals are appropriately vetted, including at a minimum, assessing such elements for associations with terrorist 

groups or groups associated with the Government of Iran; and receiving commitments from such elements to promote respect for 

human rights and the rule of law: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to obligating 

from this appropriation account, notify the congressional defense 

committees in writing of the details of any such obligation: Provided further, That the Secretary of Defense may accept and retain 

contributions, including assistance in-kind, from foreign governments, including the Government of Iraq and other entities, to 

carry out assistance authorized under this heading: Provided further, That contributions of funds for the purposes provided herein 

from any foreign government or other entity may be credited to 

this Fund, to remain available until expended, and used for such 

purposes: Provided further, That the Secretary of Defense may 

waive a provision of law relating to the acquisition of items and 

support services or sections 40 and 40A of the Arms Export Control 

Act (22 U.S.C. 2780 and 2785) if the Secretary determines that 

such provision of law would prohibit, restrict, delay or otherwise 

limit the provision of such assistance and a notice of and justification for such waiver is submitted to the congressional defense committees, the Committees on Appropriations and Foreign Relations 

of the Senate and the Committees on Appropriations and Foreign 

Affairs of the House of Representatives: Provided further, That the 

United States may accept equipment procured using funds provided under this heading, or under the heading, ‘‘Iraq Train and 

Equip Fund’’ in prior Acts, that was transferred to security forces, 

irregular forces, or groups participating, or preparing to participate 

in activities to counter the Islamic State of Iraq and the Levant 

and returned by such forces or groups to the United States, may 

be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, That equipment procured using funds provided under this 

heading, or under the heading, ‘‘Iraq Train and Equip Fund’’ in 

prior Acts, and not yet transferred to security forces, irregular 

forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and the Levant may be 

treated as stocks of the Department of Defense when determined 

by the Secretary to no longer be required for transfer to such forces 

or groups and upon written notification to the congressional defense committees: Provided further, That the Secretary of Defense 

shall provide quarterly reports to the congressional defense committees on the use of funds provided under this heading, including, 

but not limited to, the number of individuals trained, the nature 

and scope of support and sustainment provided to each group or individual, the area of operations for each group, and the contributions of other countries, groups, or individuals: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 
272

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$313,171,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, 

$405,317,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $395,944,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $290,670,000, to remain available until September 30, 

2019: Provided, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$1,343,010,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, 

$367,930,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 
273

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, 

$8,600,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, Navy 

and Marine Corps’’, $65,380,000, to remain available until September 30, 2019: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$99,786,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$118,939,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 

$927,249,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, 

$235,095,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
274

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, Air 

Force’’, $273,345,000, to remain available until September 30, 2019: 

Provided, That such amount is designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$3,529,456,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$244,184,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

For procurement of rotary-wing aircraft; combat, tactical and 

support vehicles; other weapons; and other procurement items for 

the reserve components of the Armed Forces, $750,000,000, to remain available for obligation until September 30, 2019: Provided,

That the Chiefs of National Guard and Reserve components shall, 

not later than 30 days after enactment of this Act, individually 

submit to the congressional defense committees the modernization 

priority assessment for their respective National Guard or Reserve 

component: Provided further, That none of the funds made available by this paragraph may be used to procure manned fixed wing 

aircraft, or procure or modify missiles, munitions, or ammunition: 

Provided further, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Army’’, $100,522,000, to remain available until September 30, 2018: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 
275

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Navy’’, $78,323,000, to remain available until September 30, 2018: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Air Force’’, $67,905,000, to remain available until September 30, 2018: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Defense-Wide’’, $159,919,000, to remain available until 

September 30, 2018: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’, 

$140,633,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$331,764,000, which shall be for operation and maintenance: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and 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. 
276

JOINT IMPROVISED-THREAT DEFEAT FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Joint Improvised-Threat Defeat Fund’’, $339,472,000, to 

remain available until September 30, 2019: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the 

Director of the Joint Improvised-Threat Defeat Organization to investigate, develop and provide equipment, supplies, services, training, facilities, personnel and funds to assist United States forces in 

the defeat of improvised explosive devices: Provided further, That

the Secretary of Defense may transfer funds provided herein to appropriations for military personnel; operation and maintenance; 

procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided 

herein: Provided further, That this transfer authority is in addition 

to any other transfer authority available to the Department of Defense: Provided further, That the Secretary of Defense shall, not 

fewer than 5 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the 

details of any such transfer: Provided further, That such amount is 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for the ‘‘Office of the Inspector General’’, $22,062,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 9001. Notwithstanding any other provision of law, funds 

made available in this title are in addition to amounts appropriated or otherwise made available for the Department of Defense 

for fiscal year 2017. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may, with the approval of the Office of Management and Budget, 

transfer up to $2,500,000,000 between the appropriations or funds 

made available to the Department of Defense in this title: Provided, That the Secretary shall notify the Congress promptly of 

each transfer made pursuant to the authority in this section: Provided further, That the authority provided in this section is in addition to any other transfer authority available to the Department of 

Defense and is subject to the same terms and conditions as the authority provided in section 8005 of this Act. 

SEC. 9003. Supervision and administration costs and costs for design during construction associated with a construction project 
277

funded with appropriations available for operation and maintenance or the ‘‘Afghanistan Security Forces Fund’’ provided in this 

Act and executed in direct support of overseas contingency operations in Afghanistan, may be obligated at the time a construction 

contract is awarded: Provided, That, for the purpose of this section, 

supervision and administration costs and costs for design during 

construction include all in-house Government costs. 

SEC. 9004. From funds made available in this title, the Secretary 

of Defense may purchase for use by military and civilian employees 

of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles up to a 

limit of $75,000 per vehicle; and (2) heavy and light armored vehicles for the physical security of personnel or for force protection 

purposes up to a limit of $450,000 per vehicle, notwithstanding 

price or other limitations applicable to the purchase of passenger 

carrying vehicles. 

SEC. 9005. Not to exceed $5,000,000 of the amounts appropriated 

by this title under the heading ‘‘Operation and Maintenance, 

Army’’ may be used, notwithstanding any other provision of law, to 

fund the Commanders’ Emergency Response Program (CERP), for 

the purpose of enabling military commanders in Afghanistan to respond to urgent, small-scale, humanitarian relief and reconstruction requirements within their areas of responsibility: Provided,

That each project (including any ancillary or related elements in 

connection with such project) executed under this authority shall 

not exceed $2,000,000: Provided further, That not later than 45 

days after the end of each 6 months of the fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and 

use of funds during that 6-month period that were made available 

pursuant to the authority provided in this section or under any 

other provision of law for the purposes described herein: Provided

further, That, not later than 30 days after the end of each fiscal 

year quarter, the Army shall submit to the congressional defense 

committees quarterly commitment, obligation, and expenditure 

data for the CERP in Afghanistan: Provided further, That, not less 

than 15 days before making funds available pursuant to the authority provided in this section or under any other provision of law 

for the purposes described herein for a project with a total anticipated cost for completion of $500,000 or more, the Secretary shall 

submit to the congressional defense committees a written notice 

containing each of the following: 

(1) The location, nature and purpose of the proposed project, 

including how the project is intended to advance the military 

campaign plan for the country in which it is to be carried out. 

(2) The budget, implementation timeline with milestones, 

and completion date for the proposed project, including any 

other CERP funding that has been or is anticipated to be contributed to the completion of the project. 

(3) A plan for the sustainment of the proposed project, including the agreement with either the host nation, a non-Department of Defense agency of the United States Government 

or a third-party contributor to finance the sustainment of the 
278

activities and maintenance of any equipment or facilities to be 

provided through the proposed project. 

SEC. 9006. Funds available to the Department of Defense for operation and maintenance may be used, notwithstanding any other 

provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to allied 

forces participating in a combined operation with the armed forces 

of the United States and coalition forces supporting military and 

stability operations in Afghanistan and to counter the Islamic State 

of Iraq and the Levant: Provided, That the Secretary of Defense 

shall provide quarterly reports to the congressional defense committees regarding support provided under this section. 

SEC. 9007. None of the funds appropriated or otherwise made 

available by this or any other Act shall be obligated or expended 

by the United States Government for a purpose as follows: 

(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States 

Armed Forces in Iraq. 

(2) To exercise United States control over any oil resource of 

Iraq.

(3) To establish any military installation or base for the purpose of providing for the permanent stationing of United States 

Armed Forces in Afghanistan. 

SEC. 9008. None of the funds made available in this Act may be 

used in contravention of the following laws enacted or regulations 

promulgated to implement the United Nations Convention Against 

Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment (done at New York on December 10, 1984): 

(1) Section 2340A of title 18, United States Code. 

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 Stat. 

2681–822; 8 U.S.C. 1231 note) and regulations prescribed 

thereto, including regulations under part 208 of title 8, Code 

of Federal Regulations, and part 95 of title 22, Code of Federal 

Regulations.

(3) Sections 1002 and 1003 of the Department of Defense, 

Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 

(Public Law 109–148). 

SEC. 9009. None of the funds provided for the ‘‘Afghanistan Security Forces Fund’’ (ASFF) may be obligated prior to the approval 

of a financial and activity plan by the Afghanistan Resources Oversight Council (AROC) of the Department of Defense: Provided, That 

the AROC must approve the requirement and acquisition plan for 

any service requirements in excess of $50,000,000 annually and 

any non-standard equipment requirements in excess of 

$100,000,000 using ASFF: Provided further, That the Department 

of Defense must certify to the congressional defense committees 

that the AROC has convened and approved a process for ensuring 

compliance with the requirements in the preceding proviso and accompanying report language for the ASFF. 

SEC. 9010. Funds made available in this title to the Department 

of Defense for operation and maintenance may be used to purchase 

items having an investment unit cost of not more than $250,000: 
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Provided, That, upon determination by the Secretary of Defense 

that such action is necessary to meet the operational requirements 

of a Commander of a Combatant Command engaged in contingency 

operations overseas, such funds may be used to purchase items 

having an investment item unit cost of not more than $500,000. 

SEC. 9011. From funds made available to the Department of Defense in this title under the heading ‘‘Operation and Maintenance, 

Air Force’’, up to $60,000,000 may be used by the Secretary of Defense, notwithstanding any other provision of law, to support 

United States Government transition activities in Iraq by funding 

the operations and activities of the Office of Security Cooperation 

in Iraq and security assistance teams, including life support, transportation and personal security, and facilities renovation and construction, and site closeout activities prior to returning sites to the 

Government of Iraq: Provided, That to the extent authorized under 

the National Defense Authorization Act for Fiscal Year 2017, the 

operations and activities that may be carried out by the Office of 

Security Cooperation in Iraq may, with the concurrence of the Secretary of State, include non-operational training activities in support of Iraqi Minister of Defense and Counter Terrorism Service 

personnel in an institutional environment to address capability 

gaps, integrate processes relating to intelligence, air sovereignty, 

combined arms, logistics and maintenance, and to manage and integrate defense-related institutions: Provided further, That not 

later than 30 days following the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the 

congressional defense committees a plan for transitioning any such 

training activities that they determine are needed after the end of 

fiscal year 2017, to existing or new contracts for the sale of defense 

articles or defense services consistent with the provisions of the 

Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided further,

That, not less than 15 days before making funds available pursuant to the authority provided in this section, the Secretary of Defense shall submit to the congressional defense committees a written notice containing a detailed justification and timeline for the 

operations and activities of the Office of Security Cooperation in 

Iraq at each site where such operations and activities will be conducted during fiscal year 2017: Provided further, That amounts 

made available by this section are designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 9012. Up to $500,000,000 of funds appropriated by this Act 

for the Defense Security Cooperation Agency in ‘‘Operation and 

Maintenance, Defense-Wide’’ may be used to provide assistance to 

the Government of Jordan to support the armed forces of Jordan 

and to enhance security along its borders. 

SEC. 9013. None of the funds made available by this Act under 

the heading ‘‘Counter-ISIL Train and Equip Fund’’ may be used to 

procure or transfer man-portable air defense systems. 

SEC. 9014. For the ‘‘Ukraine Security Assistance Initiative’’, 

$150,000,000 is hereby appropriated, to remain available until September 30, 2017: Provided, That such funds shall be available to 

the Secretary of Defense, in coordination with the Secretary of 
280

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; 
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(5) implementing policies to protect judicial independence 

and due process of law; 

(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 case-bycase 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)

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 
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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 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. 
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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 

Congress for Overseas Contingency 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. 
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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/ 

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. 

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,
285

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 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: Pro-
286

vided, That such amount is designated by the Congress for Overseas Contingency 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. 

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. 
287

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 for 

Overseas Contingency 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. 
288

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. 

OPERATIONAL TEST AND EVALUATION, DEFENSE

For an additional amount for ‘‘Operational Test and Evaluation, 

Defense’’, $2,725,000, to remain available until September 30, 

2018: Provided, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’, 

$285,681,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

For an additional amount for ‘‘Chemical Agents and Munitions 

Destruction, Defense’’, $127,000,000, to remain available until September 30, 2018, shall be for research, development, test and evaluation: Provided, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 10001. Notwithstanding any other provision of law, funds 

made available in this title are in addition to amounts appropriated or otherwise made available for the Department of Defense 

for fiscal year 2017: Provided, That except as otherwise explicitly 

provided for in this title, such amounts shall be subject to the 

terms and conditions set forth in titles VIII and IX of this division. 
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(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 

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 
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(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. 

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’’. 
(291)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H3391 of Book II. 

[CLERK’S NOTE: Reproduced below is the material relating to division C contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION C—DEPARTMENT OF DEFENSE 

APPROPRIATIONS ACT, 2017 

The following is an explanation of the effects of this Act, which 

makes appropriations for the Department of Defense for fiscal year 

2017. Unless otherwise noted, references to the House and Senate 

reports are to House Report 114–577 and Senate Report 114–263, 

respectively. The language contained in the House and Senate reports warrant full compliance and carry the same weight as language included in this explanatory statement unless specifically addressed to the contrary in the bill or this explanatory statement. 

While repeating some language from the House or Senate reports 

for emphasis, this explanatory statement does not intend to negate 

the language referred to above unless expressly provided herein. 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

For the purposes of the Balanced Budget and Emergency Deficit 

Control Act of 1985 (Public Law 99–177), as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 

1987 (Public Law 100–119), and by the Budget Enforcement Act of 

1990 (Public Law 101–508), the terms ‘‘program, project, and activity’’ for appropriations contained in this Act shall be defined as the 

most specific level of budget items identified in the Department of 

Defense Appropriations Act, 2017, the related classified annexes 

and explanatory statements, and the P–1 and R–1 budget justification documents as subsequently modified by congressional action. 

The following exception to the above definition shall apply: the 

military personnel and the operation and maintenance accounts, 

for which the term ‘‘program, project, and activity’’ is defined as the 

appropriations accounts contained in the Department of Defense 

Appropriations Act. 

At the time the President submits the budget request for fiscal 

year 2018, the Secretary of Defense is directed to transmit to the 

congressional defense committees budget justification documents to 

be known as the ‘‘M–1’’ and the ‘‘O–1’’ which shall identify, at the 

budget activity, activity group, and sub-activity group level, the 

amounts requested by the President to be appropriated to the Department of Defense for military personnel and operation and 

maintenance in any budget request, or amended budget request, 

for fiscal year 2018. 
292

REPROGRAMMING GUIDANCE

The Secretary of Defense is directed to continue to follow the reprogramming guidance for acquisition accounts as specified in the 

report accompanying the House version of the Department of Defense Appropriations bill for Fiscal Year 2008 (House Report 110– 

279). For operation and maintenance accounts, the Secretary of Defense shall continue to follow the reprogramming guidelines specified in the conference report accompanying H.R. 3222, the Department of Defense Appropriations Act, 2008. The dollar threshold for 

reprogramming funds shall remain at $10,000,000 for military personnel; $15,000,000 for operation and maintenance; $20,000,000 for 

procurement; and $10,000,000 for research, development, test and 

evaluation.

Also, the Under Secretary of Defense (Comptroller) is directed to 

continue to provide the congressional defense committees annual 

DD Form 1416 reports for titles I and II and quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV 

shall comply with guidance specified in the explanatory statement 

accompanying the Department of Defense Appropriations Act, 

2006. The Department shall continue to follow the limitation that 

prior approval reprogrammings are set at either the specified dollar 

threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds 

are cumulative from the base for reprogramming value as modified 

by any adjustments. Therefore, if the combined value of transfers 

into or out of a military personnel (M–1), an operation and maintenance (O–1), a procurement (P–1), or a research, development, test 

and evaluation (R–1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to 

the congressional defense committees. In addition, guidelines on 

the application of prior approval reprogramming procedures for 

congressional special interest items are established elsewhere in 

this statement. 

FUNDING INCREASES

The funding increases outlined in the tables for each appropriation account shall be provided only for the specific purposes indicated in the tables. 

CONGRESSIONAL SPECIAL INTEREST ITEMS

Items for which additional funds have been provided or items for 

which funding is specifically reduced as shown in the project level 

tables or in paragraphs using the phrase ‘‘only for’’ or ‘‘only to’’ are 

congressional special interest items for the purpose of the Base for 

Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount, as specifically addressed in the explanatory statement. 

CLASSIFIED ANNEX

Adjustments to classified programs are addressed in the accompanying classified annex. 
293

BUDGET LIAISON SUPPORT TO THE HOUSE AND SENATE DEFENSE

APPROPRIATIONS SUBCOMMITTEES

The House and Senate Defense Appropriations Subcommittees 

rely heavily on offices within the Comptroller organizations of the 

military departments and the Office of the Secretary of Defense to 

conduct their oversight responsibilities and make funding recommendations for the Department of Defense. Established in the 

1970s in accordance with a recommendation of the Blue Ribbon Defense Panel, these offices facilitate the appropriate flow of information between the House and Senate Defense Appropriations Subcommittees and the Comptroller of the respective department or 

agency. In the early 1990s, the House and Senate Defense Appropriations Subcommittees restated the support these organizations 

provide to the Committees and noted that ‘‘while the various offices 

of legislative affairs offer great assistance to DoD and the Congress, they do not provide the expertise and the direct relationship 

to the Comptroller organizations which are essential to the effective communication between DoD and the Committees on Appropriations.’’

Further, the explanatory statement accompanying the Department of Defense Appropriations Act, 2016 echoed the imperative to 

maintain the existing liaison structure to achieve the highest level 

of communication and trust between the Department of Defense 

and the House and Senate Defense Appropriations Subcommittees. 

The House and Senate Defense Appropriations Subcommittees 

repeat this support for the budget liaison organizations and reiterate previously stated concerns that efforts to incorporate these 

organizations into the military and Office of the Secretary of Defense legislative affairs offices would be deleterious to the appropriations process and to the utility of the budget liaison operation. 

Therefore, the agreement retains a provision in title II of this Act 

from previous years that prohibits the use of funds in this Act 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. 

CYBERSPACE ACTIVITIES

The agreement fully funds the fiscal year 2017 base budget requirement of $6,734,000,000 for the Army, Navy, Marine Corps, Air 

Force, and the defense agencies cyberspace activities, an increase 

of $992,000,000 over the fiscal year 2016 enacted level. 

While the Service and defense-wide budget justification material, 

as well as the Department of Defense classified cyberspace activities information technology investments budget justification materials, provide some level of detail, much of the funding is encompassed within larger programs and funding lines, which limits visibility and congressional oversight of requested funding for cyberspace activities specifically. 

Beginning in fiscal year 2018, the Department of Defense Chief 

Information Officer is directed to modify the cyberspace activities 

exhibit in order to provide increased visibility and clarity into the 
294

cyberspace activities funding requirements and changes to funding 

requirements from the previous fiscal year enacted levels, to segregate civilian and military pay, and to provide a crosswalk between the cyberspace activities justification books and the Services 

and defense-wide budget justification material. 

Further, in order to provide additional clarity and to enhance 

oversight, the Department of Defense Chief Information Officer, in 

coordination with the Under Secretary of Defense (Comptroller) 

and the Service Secretaries, is directed to conduct a review of the 

budget justification material and provide a proposal to the House 

and Senate Appropriations Committees not later than September 1, 

2017, for how to clearly delineate the Department of Defense cyber 

investment activities requested in the operation and maintenance, 

procurement, and research, development, test and evaluation accounts as part of the budget justification material beginning with 

the fiscal year 2019 budget submission. The Under Secretary of Defense (Comptroller) and the Chief Information Officer are encouraged to consider establishing a unique cyber sub-activity group for 

operation and maintenance accounts and individual cost codes, 

projects, or program elements for procurement and research, development, test and evaluation accounts as part of this review. 

The Department of Defense cyberspace activities table provided 

shows the amount of funding provided to each Service and defensewide account in fiscal years 2016 and 2017. Funding appropriated 

therein may be used only for cyberspace activities as defined by the 

classified cyberspace activities information technology investment 

budget request for fiscal year 2017. The Secretary of Defense is directed to use normal prior approval reprogramming procedures to 

transfer funding out of any operation and maintenance, procurement, or research, development, test and evaluation accounts as 

identified in the table titled ‘‘Department of Defense Cyberspace 

Activities’’ for any purpose other than cyberspace activities. The 

Department of Defense Chief Information Officer shall submit to 

the House and Senate Appropriations Committees two reports not 

later than May 30, 2017, and November 30, 2017, which provide 

the mid-year and end of fiscal year financial obligation and execution data for cyberspace activities of each year. 

This language replaces the language included under the heading 

‘‘Cyberspace Operations’’ in House Report 114–577. 
295
296

QUARTERLY CYBER OPERATIONS BRIEFING 

The Secretary of Defense is directed to provide quarterly briefings to the House and Senate Appropriations Committees on all offensive and significant defensive military operations in cyberspace 

carried out by the Department of Defense not later than 30 days 

after the end of each fiscal quarter. 

TITLE I—MILITARY PERSONNEL 

The agreement provides $128,725,978,000 in Title I, Military 

Personnel. The agreement on items addressed by either the House 

or the Senate is as follows: 
297
298

SUMMARY OF MILITARY PERSONNEL END STRENGTH 

Fiscal year 2016 

authorized

Fiscal Year 2017 

Budget

request Final bill Change from request

Change from 

fiscal year 2016

Active Forces (End Strength) 

Army ................................................................... 475,000 460,000 476,000 16,000 1,000 

Navy .................................................................... 329,200 322,900 323,900 1,000 ¥5,300

Marine Corps ...................................................... 184,000 182,000 185,000 3,000 1,000 

Air Force ............................................................. 320,715 317,000 321,000 4,000 285 

Total, Active Forces ....................................... 1,308,915 1,281,900 1,305,900 24,000 ¥3,015

Guard and Reserve Forces (End Strength) 

Army Reserve ...................................................... 198,000 195,000 199,000 4,000 1,000 

Navy Reserve ...................................................... 57,400 58,000 58,000 – – – 600 

Marine Corps Reserve ........................................ 38,900 38,500 38,500 – – – ¥400

Air Force Reserve ............................................... 69,200 69,000 69,000 – – – ¥200

Army National Guard .......................................... 342,000 335,000 343,000 8,000 1,000 

Air National Guard ............................................. 105,500 105,700 105,700 – – – 200 

Total, Selected Reserve ................................. 811,000 801,200 813,200 12,000 2,200 

Total, Military Personnel ............................................. 2,119,915 2,083,100 2,119,100 36,000 ¥815

SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH 

Fiscal year 2016 

authorized

Fiscal Year 2017 

Budget

request Final bill Change from request

Change from 

fiscal year 2016

Army Reserve: 

AGR ..................................................................... 16,261 16,261 16,261 – – – – – – 

Technicians ........................................................ 7,395 7,570 7,570 – – – 175 

Navy Reserve: 

AR ....................................................................... 9,934 9,955 9,955 – – – 21 

Marine Corps Reserve: 

AR ....................................................................... 2,260 2,261 2,261 – – – 1 

Air Force Reserve: 

AGR ..................................................................... 3,032 2,955 2,955 – – – ¥77

Technicians ........................................................ 9,814 10,061 10,061 – – – 247 

Army National Guard: 

AGR ..................................................................... 30,770 30,155 30,155 – – – ¥615

Technicians ........................................................ 26,099 25,507 25,507 – – – ¥592

Air National Guard 

AGR ..................................................................... 14,748 14,764 14,764 – – – 16 

Technicians ........................................................ 22,104 22,103 22,103 – – – ¥1

Totals:

AGR/AR ............................................................... 77,005 76,351 76,351 – – – ¥654

Technicians ........................................................ 65,412 65,241 65,241 – – – ¥171

Total, Full-Time Support ........................... 142,417 141,592 141,592 – – – ¥825

MILITARY PERSONNEL OVERVIEW

The agreement provides the resources required for an additional 

24,000 active forces and 12,000 selected reserve forces, as authorized by current law and above the requested end strength levels, 

in order to meet operational needs for fiscal year 2017. The agreement also provides the funding necessary to support a 2.1 percent 

pay raise for all military personnel, as authorized, effective January 1, 2017. 
299

REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS

The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2017 appropriations accounts not later than 60 days after the enactment 

of this Act. The Secretary of Defense is prohibited from executing 

any reprogramming or transfer of funds for any purpose other than 

originally appropriated until the aforementioned report is submitted to the House and Senate Appropriations Committees. 

The Secretary of Defense is directed to use the normal prior approval reprogramming procedures to transfer funds in the Services’ 

military personnel accounts between budget activities in excess of 

$10,000,000.

MILITARY PERSONNEL SPECIAL INTEREST ITEMS

Items for which additional funds have been provided or have 

been specifically reduced as shown in the project level tables or in 

paragraphs using the phrase ‘‘only for’’ or ‘‘only to’’ in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of 

these items must be carried on the DD Form 1414 at the stated 

amount as specifically addressed in the explanatory statement. 

Below Threshold Reprogrammings may not be used to either restore or reduce funding from congressional special interest items as 

identified on the DD Form 1414. 

MILITARY BANDS

Military bands honor and celebrate warfighters, promote patriotism during community events, inspire servicemembers, and enhance efforts to recruit and retain troops. Band engagements play 

an important support role for national security and joint operations, opening diplomatic doors for political and military discussions while building trust and confidence with foreign military and 

civilian authorities. However, the activities of military bands must 

not detract from the core competencies of the military. The Secretary of Defense should review opportunities to ensure that only 

the critical functions of military bands are supported while minimizing impacts on funding for essential readiness, military personnel, modernization, and research and development activities. 

MILITARY PERSONNEL, ARMY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
300
301
302
303

MILITARY PERSONNEL, NAVY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
304
305
306
307

MILITARY PERSONNEL, MARINE CORPS 

The agreement on items addressed by either the House or the 

Senate is as follows: 
308
309
310
311

MILITARY PERSONNEL, AIR FORCE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
312
313
314
315

RESERVE PERSONNEL, ARMY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
316
317
318

RESERVE PERSONNEL, NAVY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
319
320
321

RESERVE PERSONNEL, MARINE CORPS 

The agreement on items addressed by either the House or the 

Senate is as follows: 
322
323
324

RESERVE PERSONNEL, AIR FORCE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
325
326
327

NATIONAL GUARD PERSONNEL, ARMY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
328
329
330

NATIONAL GUARD PERSONNEL, AIR FORCE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
331
332
333

TITLE II—OPERATION AND MAINTENANCE 

The agreement provides $167,603,260,000 in Title II, Operation 

and Maintenance. The agreement on items addressed by either the 

House or the Senate is as follows: 
334
335

REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE

ACCOUNTS

The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2017 appropriation accounts not later than 60 days after the enactment of 

this Act. The Secretary of Defense is prohibited from executing any 

reprogramming or transfer of funds for any purpose other than 

originally appropriated until the aforementioned report is submitted to the House and Senate Appropriations Committees. 

The Secretary of Defense is directed to use the normal prior approval reprogramming procedures to transfer funds in the Services’ 

operation and maintenance accounts between O–1 budget activities 

in excess of $15,000,000. In addition, the Secretary of Defense 

should follow prior approval reprogramming procedures for transfers in excess of $15,000,000 out of the following budget sub-activities:

Army:

Maneuver units 

Modular support brigades 

Land forces operations support 

Force readiness operations support 

Land forces depot maintenance 

Base operations support 

Facilities sustainment, restoration, and modernization 

Navy:

Mission and other flight operations 

Aircraft depot maintenance 

Mission and other ship operations 

Ship depot maintenance 

Facilities sustainment, restoration, and modernization 

Marine Corps: 

Depot maintenance 

Facilities sustainment, restoration, and modernization 

Air Force: 

Primary combat forces 

Combat enhancement forces 

Operating forces depot maintenance 

Facilities sustainment, restoration, and modernization 

Mobilization depot maintenance 

Training and recruiting depot maintenance 

Administration and service-wide depot maintenance 

Air Force Reserve: 

Depot maintenance 

Air National Guard: 

Depot maintenance 

Additionally, the Secretary of Defense should follow prior approval reprogramming procedures for transfers in excess of 

$15,000,000 into the following budget sub-activity: 

Operation and Maintenance, Army National Guard: 

Other personnel support/recruiting and advertising 

With respect to Operation and Maintenance, Defense-Wide, proposed transfers of funds to or from the levels specified for defense 
336

agencies in excess of $15,000,000 shall be subject to prior approval 

reprogramming procedures. 

OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS

Items for which additional funds have been provided or have 

been specifically reduced as shown in the project level tables or in 

paragraphs using the phrase ‘‘only for’’ or ‘‘only to’’ in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of 

these items must be carried on the DD Form 1414 at the stated 

amount as specifically addressed in the explanatory statement. 

Below Threshold Reprogrammings may not be used to either restore or reduce funding from congressional special interest items as 

identified on the DD Form 1414. 

READINESS

The agreement provides additional readiness funds for the Services within the operation and maintenance accounts. This funding 

shall be used only to improve military readiness, including increased training, depot maintenance, and base operations support. 

None of the funding provided may be used for recruiting, marketing, or advertising programs. The funding provided is a congressional special interest item. The Secretary of Defense and the Service Secretaries are directed to submit a detailed spending plan by 

sub-activity group to the House and Senate Appropriations Committees not less than 30 days prior to the obligation of these funds. 

These transfers may be implemented 30 days after congressional 

notification unless an objection is received from either the House 

or Senate Appropriations Committees. 

ENERGY INDEPENDENCE AND SECURITY ACT

The agreement does not include a provision included in the 

House-passed version of H.R. 5293 that referenced the Energy 

Independence and Security Act of 2007. It is noted that the enforcement of section 526 of the Energy Independence and Security Act 

of 2007 may lead to higher fuel costs for federal fleets in the absence of competitively priced new generation fuels that emit fewer 

emissions. In carrying out this statute, the Secretary of Defense 

and the Service Secretaries should work to ensure that costs associated with fuel purchases necessary to carry out their respective 

missions should be minimized to the greatest extent possible. 

CIVILIAN PAY RAISE

Although the agreement does not include additional funds specifically for the civilian pay increase from 1.6 percent to 2.1 percent, sufficient funding is available within the appropriations accounts to fully fund the increase due to assets created by the civilian hiring freeze and the extended length of H.R. 2028, theFurther 

Continuing and Security Assistance Appropriations Act, 2017. 

AQUEOUS FILM FORMING FOAM

The use of the fire-extinguishing agent Aqueous Film Forming 

Foam (AFFF) by the Department of Defense has been linked to ele-
337

vated levels of perfluorinated chemicals (PFCs) on military bases 

and in neighboring communities. According to the Centers for Disease Control and Prevention and the National Institutes of Health, 

PFCs have adverse impacts on human health. The Navy and Air 

Force have begun remediation of PFC contamination. The Secretary of Defense is encouraged to require all Services to establish 

procedures for prompt and cost-effective remediation. In addition, 

the Secretary of Defense is directed to submit a report to the congressional defense committees not later than 120 days after the enactment of this Act that assesses the number of formerly used and 

current military installations where AFFF was or is currently used 

and the impact of PFC contaminated drinking water on surrounding communities. The report should also include plans for 

prompt community notification of such contamination, when the 

contamination was detected, and the procedures for timely remediation.

OPERATION AND MAINTENANCE, ARMY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
338
339
340
341
342
343

OPERATION AND MAINTENANCE, NAVY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
344
345
346
347
348
349
350

READINESS COST ASSESSMENT TOOL

The recently published Naval Aviation Vision 2016–2025 offered 

strong support for the Readiness Cost Assessment Tool, which is 

the first phase of the Proficiency Optimization initiative. In lieu of 

the reporting requirement in House Report 114–577, the Secretary 

of the Navy is directed to submit a report to the congressional defense committees not later than 60 days after the enactment of this 

Act that describes the Naval Aviation Enterprise Proficiency Optimization initiative, the current funding profile, and the potential to 

accelerate or streamline the program strategy. 

OPERATION AND MAINTENANCE, MARINE CORPS 

The agreement on items addressed by either the House or the 

Senate is as follows: 
351
352
353
354

OPERATION AND MAINTENANCE, AIR FORCE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
355
356
357
358
359
360

OPERATION AND MAINTENANCE, DEFENSE-WIDE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
361
362
363
364
365

BACKGROUND INVESTIGATION SYSTEMS

The agreement fully funds the budget request for the Department of Defense to develop, replace, and sustain federal government security and suitability background investigation technology 

systems. In lieu of the language included under this heading in 

House Report 114–577, the Director of the Defense Information 

Systems Agency is directed to submit a progress report to the congressional defense committees not later than 90 days after the enactment of this Act, and semiannually thereafter, that includes the 

information technology development and implementation plan, associated timeline with milestones, costs for each phase of implementation, anticipated outyear costs, personnel structure, and any 

other significant issues related to the establishment and 

sustainment of a new federal government background information 

technology system housed within the Department of Defense. 

OPERATION AND MAINTENANCE, ARMY RESERVE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
366
367
368

OPERATION AND MAINTENANCE, NAVY RESERVE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
369
370
371

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
372
373
374

OPERATION AND MAINTENANCE, AIR FORCE RESERVE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
375
376
377

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 

The agreement on items addressed by either the House or the 

Senate is as follows: 
378
379
380

NATIONAL GUARD STATE PARTNERSHIP PROGRAM LANGUAGE

ENHANCEMENT PROGRAM

For more than twenty years, the National Guard State Partnership Program (SPP) has been successfully building unique security 

relationships with more than 75 nations around the globe. To build 

on the success of this program, the agreement recommends that 

the Chief of the National Guard Bureau encourage the enhancement of individual language skills and prioritize language school 

appointments of soldiers and airmen within the program to help 

further strengthen these international relationships. Additionally, 

servicemembers of the National Guard that participate in, and are 

from states with units assigned to state partnership activities 

should strive to attend language schools, both defense-sponsored 

and otherwise; obtain computer-assisted language-learning software; and use international visits through the SPP as a means of 

language skill immersion. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 

The agreement on items addressed by either the House or the 

Senate is as follows: 
381
382
383

UNITED STATES COURT OF APPEALS FOR THE ARMED 

FORCES

The agreement provides $14,194,000 for the United States Court 

of Appeals for the Armed Forces. 

ENVIRONMENTAL RESTORATION, ARMY 

The agreement provides $170,167,000 for Environmental Restoration, Army. 

ENVIRONMENTAL RESTORATION, NAVY 

The agreement provides $289,262,000, an increase of $7,500,000 

above the budget request, for Environmental Restoration, Navy. 

ENVIRONMENTAL RESTORATION, AIR FORCE 

The agreement provides $371,521,000 for Environmental Restoration, Air Force. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 

The agreement provides $9,009,000 for Environmental Restoration, Defense-Wide. 

ENVIRONMENTAL RESTORATION, FORMERLY USED 

DEFENSE SITES 

The agreement provides $222,084,000, an increase of $25,000,000 

above the budget request, for Environmental Restoration, Formerly 

Used Defense Sites. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 

The agreement provides $123,125,000, an increase of $18,000,000 

above the budget request, for Overseas Humanitarian, Disaster, 

and Civic Aid. Specifically, $3,000,000 is a general increase and 

$15,000,000 is for South China Sea Regional Engagement. 

COOPERATIVE THREAT REDUCTION ACCOUNT 

The agreement provides $325,604,000 for the Cooperative Threat 

Reduction Account, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget

request Final bill 

Strategic Offensive Arms Elimination ..................................................................................... 11,791 11,791 

Chemical Weapons Destruction ............................................................................................... 2,942 2,942 

Biological Threat Reduction .................................................................................................... 213,984 213,984 

Threat Reduction Engagement ................................................................................................ 2,000 2,000 

Other Assessments/Admin Costs ............................................................................................. 27,279 27,279 

Global Nuclear Security ........................................................................................................... 16,899 16,899 

WMD Proliferation Prevention .................................................................................................. 50,709 50,709 

TOTAL, COOPERATIVE THREAT REDUCTION ACCOUNT .................................................... 325,604 325,604 
384

TITLE III—PROCUREMENT 

The agreement provides $108,426,827,000 in Title III, Procurement. The agreement on items addressed by either the House or 

the Senate is as follows: 
385
386

REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

The Secretary of Defense is directed to continue to follow the reprogramming guidance as specified in the report accompanying the 

House version of the Department of Defense Appropriations bill for 

Fiscal Year 2008 (House Report 110–279). Specifically, the dollar 

threshold for reprogramming funds shall remain at $20,000,000 for 

procurement and $10,000,000 for research, development, test and 

evaluation.

Also, the Under Secretary of Defense (Comptroller) is directed to 

continue to provide the congressional defense committees quarterly, 

spreadsheet-based DD Form 1416 reports for Service and defensewide accounts in titles III and IV of this Act. Reports for titles III 

and IV shall comply with the guidance specified in the explanatory 

statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, 

development, test and evaluation line, whichever is less. These 

thresholds are cumulative from the base for reprogramming value 

as modified by any adjustments. Therefore, if the combined value 

of transfers into or out of a procurement (P–1) or research, development, test and evaluation (R–1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, 

guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established 

elsewhere in this statement. 

FUNDING INCREASES

The funding increases outlined in these tables shall be provided 

only for the specific purposes indicated in the tables. 

PROCUREMENT SPECIAL INTEREST ITEMS

Items for which additional funds have been provided as shown in 

the project level tables or in paragraphs using the phrase ‘‘only for’’ 

or ‘‘only to’’ in the explanatory statement are congressional special 

interest items for the purpose of the Base for Reprogramming (DD 

Form 1414). Each of these items must be carried on the DD Form 

1414 at the stated amount as specifically addressed in the explanatory statement. 

JOINT STRIKE FIGHTER BUDGET JUSTIFICATIONS AND CONTRACTING

Throughout the fiscal year 2017 budget review process, the Joint 

Strike Fighter (JSF) Joint Program Office provided insufficient justification and incomplete information in an untimely manner. It is 

imperative that requested information is received promptly for 

proper congressional oversight of this major defense acquisition 

program.

It is understood that the Secretary of Defense is reviewing potential alternative management structures for the JSF program as directed by the National Defense Authorization Act for Fiscal Year 

2017 (Public Law 114–328). This review will provide an opportunity to improve communication between the JSF Program Execu-
387

tive Officer (PEO), the Services, and the congressional defense committees to ensure the program’s funding requirements are fully understood, communicated, and justified. 

Additionally, there is concern that the number of F–35s enacted 

in annual Department of Defense Appropriations Acts are not 

being placed on contract by the JSF PEO in a timely manner. Four 

F–35s included in the Department of Defense Appropriations Act, 

2015 and 13 F–35s included in the Department of Defense Appropriations Act, 2016 were not part of their respective low rate initial 

production (LRIP) contracts due to the PEO’s contracting strategy. 

Specifically, only four F–35Cs were included on LRIPs 9 and 10, 

rather than the ten F–35Cs enacted in the Department of Defense 

Appropriations Acts, 2015 and 2016, impeding production efficiencies. The agreement directs the JSF PEO to use a contracting 

approach that would award all aircraft included in each Department of Defense Appropriations Act on the respective production 

contract for that fiscal year. The agreement includes funding for 74 

F–35 aircraft. The JSF PEO is directed to brief the congressional 

defense committees not later than 45 days after the enactment of 

this Act on the contracting strategy for these aircraft. 

AIRCRAFT PROCUREMENT, ARMY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
388
389
390
391

UH–72 LAKOTA LIGHT UTILITY HELICOPTER

The agreement provides $187,000,000 to procure 28 UH–72 

Lakota Light Utility Helicopters for the Army in support of ongoing 

mission requirements at the Army Aviation Center of Excellence at 

Fort Rucker, the Combat Training Centers, and the Army Test and 

Evaluation Center. The agreement notes that this investment is 

consistent with previous appropriations and was included in the 

Army’s unfunded priority list. The Secretary of the Army is encouraged to request funding for UH–72 Lakota Light Utility Helicopters 

to address ongoing mission requirements in future budget submissions.

MISSILE PROCUREMENT, ARMY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
392
393
394
395

PROCUREMENT OF WEAPONS AND TRACKED COMBAT 

VEHICLES, ARMY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
396
397
398
399

PROCUREMENT OF AMMUNITION, ARMY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
400
401
402
403

OTHER PROCUREMENT, ARMY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
404
405
406
407
408
409
410
411
412
413

AIRCRAFT PROCUREMENT, NAVY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
414
415
416
417
418
419
420

WEAPONS PROCUREMENT, NAVY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
421
422
423
424

PROCUREMENT OF AMMUNITION, NAVY AND MARINE 

CORPS

The agreement on items addressed by either the House or the 

Senate is as follows: 
425
426
427
428

SHIPBUILDING AND CONVERSION, NAVY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
429
430
431
432

DDG-51 FLIGHT IIA DESTROYERS

The Navy currently is procuring DDG–51 Flight IIA destroyers 

under a fiscal year 2013 to fiscal year 2017 multi-year procurement 

shipbuilding contract awarded in June 2013, as authorized by section 8010 of Public Law 113–6. Additionally, the Navy is addressing increasing ballistic and cruise missile threats through the development and acquisition of an Air and Missile Defense Radar, 

which is planned for integration on the DDG–51 class of ships 

through an engineering change proposal, resulting in a new Flight 

III configuration. However, a recent Government Accountability Office report (GAO 16–613) details concerns regarding a lack of sufficient acquisition and limited detail design knowledge to support 

the Navy’s current Flight III procurement strategy. Further concerns remain regarding the full costs of DDG–51 Flight III destroyers. Therefore, the Secretary of the Navy should award and complete the additional DDG–51 ship, fully funded in fiscal years 2016 

and 2017, as an additional DDG–51 Flight IIA ship. The Secretary 

of the Navy is directed to expeditiously award this ship construction contract. 

POLAR ICEBREAKER RECAPITALIZATION PROJECT

The Navy and the Coast Guard are collaborating to refine requirements and an acquisition strategy for procurement of an affordable polar icebreaker. This collaboration continues to refine 

program costs and requirements in an effort to award a detailed 

design and construction contract for the lead ship in fiscal year 

2019. The agreement supports this effort and provides 

$150,000,000 in advance procurement funding to buy long-lead 

time material for the program’s initial ship. The Coast Guard is encouraged to budget for follow-on efforts. 

OTHER PROCUREMENT, NAVY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
433
434
435
436
437
438
439
440
441
442
443
444
445

PROCUREMENT, MARINE CORPS 

The agreement on items addressed by either the House or the 

Senate is as follows: 
446
447
448
449
450
451

AIRCRAFT PROCUREMENT, AIR FORCE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
452
453
454
455
456
457
458

MISSILE PROCUREMENT, AIR FORCE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
459
460
461

SPACE PROCUREMENT, AIR FORCE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
462
463
464

PROCUREMENT OF AMMUNITION, AIR FORCE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
465
466
467

OTHER PROCUREMENT, AIR FORCE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
468
469
470
471
472

PROCUREMENT, DEFENSE-WIDE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
473
474
475
476
477

DEFENSE PRODUCTION ACT PURCHASES 

The agreement on items addressed by either the House or the 

Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget request Final bill 

DEFENSE PRODUCTION ACT PURCHASES .................................................................... 44,065 64,065 

Program increase ................................................................................................ .............................. 20,000 

TOTAL, DEFENSE PRODUCTION ACT PURCHASES ............................................... 44,065 64,065 

TITLE IV—RESEARCH, DEVELOPMENT, TEST AND 

EVALUATION

The agreement provides $72,301,587,000 in Title IV, Research, 

Development, Test and Evaluation. The agreement on items addressed by either the House or the Senate is as follows: 
478
479

REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

The Secretary of Defense is directed to continue to follow the reprogramming guidance as specified in the report accompanying the 

House version of the Department of Defense Appropriations bill for 

Fiscal Year 2008 (House Report 110–279). Specifically, the dollar 

threshold for reprogramming funds shall remain at $20,000,000 for 

procurement and $10,000,000 for research, development, test and 

evaluation.

Also, the Under Secretary of Defense (Comptroller) is directed to 

continue to provide the congressional defense committees quarterly, 

spreadsheet-based DD Form 1416 reports for Service and defensewide accounts in titles III and IV of this Act. Reports for titles III 

and IV shall comply with the guidance specified in the explanatory 

statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, 

development, test and evaluation line, whichever is less. These 

thresholds are cumulative from the base for reprogramming value 

as modified by any adjustments. Therefore, if the combined value 

of transfers into or out of a procurement (P–1) or research, development, test and evaluation (R–1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, 

guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established 

elsewhere in this statement. 

FUNDING INCREASES

The funding increases outlined in these tables shall be provided 

only for the specific purposes indicated in the tables. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST

ITEMS

Items for which additional funds have been provided as shown in 

the project level tables or in paragraphs using the phrase ‘‘only for’’ 

or ‘‘only to’’ in the explanatory statement are congressional special 

interest items for the purpose of the Base for Reprogramming (DD 

Form 1414). Each of these items must be carried on the DD Form 

1414 at the stated amount as specifically addressed in the explanatory statement. 

JOINT STRIKE FIGHTER FOLLOW-ON MODERNIZATION

The Joint Strike Fighter Program Executive Officer is directed to 

comply with the reporting requirement included under the heading 

‘‘Joint Strike Fighter Follow-on Modernization’’ in Senate Report 

114–263. The Secretary of Defense is not required to comply with 

the reporting requirement included under the heading ‘‘Joint Strike 

Fighter Follow-on Development’’ in House Report 114–577. 
480

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
481
482
483
484
485
486
487
488
489
490
491
492
493
494

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 

The agreement on items addressed by either the House or the 

Senate is as follows: 
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511

STANDARD MISSILE–6

The agreement includes $120,561,000, as requested, for Standard 

Missile–6 (SM–6) improvements. It is understood that the Navy’s 

top priority for the SM–6 research, development, test and evaluation program in fiscal year 2017 is the completion of program of 

record flight tests and achieving full operational capability for the 

SM–6 Block I. The Secretary of the Navy is encouraged to prioritize 

funding allocations accordingly. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR 

FORCE

The agreement on items addressed by either the House or the 

Senate is as follows: 
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527

LONG RANGE STRIKE BOMBER

The Inspector General of the Department of Defense is directed 

to conduct an evaluation and submit a report as described under 

this heading in Senate Report 114–263 not later than 180 days 

after the enactment of this Act. In addition, the agreement designates the long range strike bomber program as a congressional 

special interest item for purposes of transfer of funds and prior approval reprogramming procedures. 

JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM

RECAPITALIZATION

The agreement includes a provision that prohibits the obligation 

or expenditure of funds provided for the Joint Surveillance Target 

Attack Radar System (JSTARS) recapitalization program on premilestone B activities after March 31, 2018. The agreement fully 

funds the request of $128,019,000 for the program, of which only 

$68,000,000 is required to conclude sufficient progress on radar 

risk reduction activities. The Secretary of the Air Force should 

apply the remaining funds to other risk reduction activities and the 

source selection process to accelerate entry into the engineering 

and manufacturing development (EMD) phase of the program. 

The Secretary of the Air Force and the Under Secretary of Defense (Acquisition, Technology, and Logistics) are directed to provide a briefing to the congressional defense committees not later 

than 90 days after the enactment of this Act on a compressed acquisition schedule and funding profile for the JSTARS recapitalization program to achieve initial operational capability and full operational capability as early as possible. The briefing shall detail the 

schedule for the EMD phase including source selection and contract 

award for EMD. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

DEFENSE-WIDE

The agreement on items addressed by either the House or the 

Senate is as follows: 
528
529
530
531
532
533
534
535
536
537
538
539
540
541

RAPID PROTOTYPING PROGRAM

The agreement includes $100,000,000 for a rapid prototyping 

program. The Secretary of Defense is directed to brief the House 

and Senate Appropriations Committees on a plan for execution 20 

days prior to transfer or obligation of any funds for this program. 

OPERATIONAL TEST AND EVALUATION, DEFENSE 

The agreement on items addressed by either the House or the 

Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget request Final bill 

OPERATIONAL TEST AND EVALUATION ......................................................................... 78,047 78,047 

LIVE FIRE TESTING ....................................................................................................... 48,316 48,316

OPERATIONAL TEST ACTIVITIES AND ANALYSIS ........................................................... 52,631 60,631 

Program increase—threat resource analysis .................................................... .............................. 8,000

TOTAL, OPERATIONAL TEST AND EVALUATION, DEFENSE ............................................. 178,994 186,994 

TITLE V—REVOLVING AND MANAGEMENT FUNDS 

The agreement provides $1,511,613,000 in Title V, Revolving and 

Management Funds. The agreement on items addressed by either 

the House or the Senate is as follows: 
542
543

DEFENSE WORKING CAPITAL FUNDS 

The agreement on items addressed by either the House or the 

Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget request Final bill 

WORKING CAPITAL FUND, ARMY .................................................................................. 56,469 196,469 

Program increase—arsenal initiative ................................................................ .............................. 140,000 

WORKING CAPITAL FUND, AIR FORCE .......................................................................... 63,967 63,967 

WORKING CAPITAL FUND, DEFENSE-WIDE ................................................................... 37,132 37,132 

DEFENSE WORKING CAPITAL FUND, DECA ................................................................... 1,214,045 1,214,045 

TOTAL, DEFENSE WORKING CAPITAL FUNDS ....................................................... 1,371,613 1,511,613 

TITLE VI—OTHER DEPARTMENT OF DEFENSE PROGRAMS 

The agreement provides $35,615,831,000 in Title VI, Other Department of Defense Programs. The agreement on items addressed 

by either the House or the Senate is as follows: 
544
545

DEFENSE HEALTH PROGRAM 

The agreement on items addressed by either the House or the 

Senate is as follows: 
546
547
548
549

REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM

Concerns remain regarding the transfer of funds from the InHouse Care budget sub-activity to pay for contractor-provided medical care. To limit such transfers and improve oversight within the 

Defense Health Program operation and maintenance account, the 

agreement includes a provision which caps the funds available for 

Private Sector Care under the TRICARE program subject to prior 

approval reprogramming procedures. The provision and accompanying explanatory statement language should not be interpreted 

as limiting the amount of funds that may be transferred to the InHouse Care budget sub-activity from other budget sub-activities 

within the Defense Health Program. In addition, funding for the 

In-House Care budget sub-activity continues to be designated as a 

congressional special interest item. Any transfer of funds from the 

In-House Care budget sub-activity into the Private Sector Care 

budget sub-activity or any other budget sub-activity requires the 

Secretary of Defense to follow prior approval reprogramming procedures for operation and maintenance funds. 

The Secretary of Defense is directed to provide written notification to the congressional defense committees of cumulative transfers in excess of $10,000,000 out of the Private Sector Care budget 

sub-activity not later than fifteen days after such a transfer. Furthermore, the Secretary of Defense is directed to provide a report 

to the congressional defense committees not later than 30 days 

after the enactment of this Act that delineates transfers of funds 

in excess of $10,000,000, and the dates any transfers occurred, 

from the Private Sector Care budget sub-activity to any other budget sub-activity groups for fiscal year 2016. 

The Assistant Secretary of Defense (Health Affairs) is directed to 

provide quarterly reports to the congressional defense committees 

on budget execution data for all of the Defense Health Program 

budget activities and to adequately reflect changes to the budget 

activities requested by the Services in future budget submissions. 

PEER-REVIEWED CANCER RESEARCH PROGRAM

The agreement provides $60,000,000 for the peer-reviewed cancer 

research program to research cancers not addressed in the breast, 

prostate, ovarian, kidney, and lung cancer research programs. 

The funds provided in the peer-reviewed cancer research program are directed to be used to conduct research in the following 

areas: bladder cancer, brain cancer, colorectal cancer, 

immunotherapy, listeria-based regimens for cancer, liver cancer, 

lymphoma, melanoma and other skin cancers, mesothelioma, neuroblastoma, pancreatic cancer, pediatric brain tumors, stomach 

cancer, and cancer in children, adolescents, and young adults. 

The reports directed under this heading in House Report 114– 

577 and Senate Report 114–263 are still required. 

PEER-REVIEWED MEDICAL RESEARCH PROGRAM

The agreement provides $300,000,000 for a peer-reviewed medical research program. The Secretary of Defense, in conjunction 

with the Service Surgeons General, is directed to select medical research projects of clear scientific merit and direct relevance to mili-
550

tary health. Research areas considered under this funding are restricted to the following areas: acute lung injury, antimicrobial resistance, arthritis, burn pit exposure, chronic migraine and posttraumatic headache, congenital heart disease, constrictive 

bronchiolitis, diabetes, diarrheal diseases, dystonia, early trauma 

thermal regulation, eating disorders, emerging infectious diseases, 

epidermolysis bullosa, focal segmental glomerulosclerosis, Fragile 

X, Guillain-Barre syndrome, hepatitis B and C, hereditary 

angioedema, hydrocephalus, immunomonitoring of intestinal transplants, inflammatory bowel diseases, influenza, integrative medicine, interstitial cystitis, malaria, metals toxicology, mitochondrial 

disease, musculoskeletal disorders, nanomaterials for bone regeneration, non-opioid pain management, pancreatitis, pathogen-inactivated dried cryoprecipitate, polycystic kidney disease, post-traumatic osteoarthritis, pulmonary fibrosis, respiratory health, Rett 

syndrome, rheumatoid arthritis, scleroderma, sleep disorders, spinal muscular atrophy, sustained-release drug delivery, tinnitus, tuberculosis, vaccine development for infectious disease, vascular 

malformations, and women’s heart disease. The additional funding 

provided under the peer-reviewed medical research program shall 

be devoted only to the purposes listed above. 

ELECTRONIC HEALTH RECORD SYSTEM

Concerns remain with the progress being made by the Departments of Defense and Veterans Affairs to fully develop, procure, 

and deploy an interoperable electronic health record solution. The 

two systems must be completely and meaningfully interoperable, 

and the Under Secretary of Defense (Acquisition, Technology, and 

Logistics) is encouraged to focus on the overall goal of seamless 

compatibility between the two Departments’ electronic health 

record systems. 

For the necessary oversight of this important program, the Program Executive Officer (PEO) for the Defense Healthcare Management Systems (DHMS) is directed to provide quarterly reports to 

the congressional defense committees and the Government Accountability Office on the cost and schedule of the program, to include milestones, knowledge points, and acquisition timelines, as 

well as quarterly obligation reports. These reports should also include any changes to the deployment timeline, including benchmarks, for full operating capability; any refinements to the cost estimate for full operating capability and the total lifecycle cost of the 

program; an assurance that the acquisition strategy will comply 

with the acquisition rules, requirements, guidelines, and systems 

acquisition management practices of the federal government; the 

status of the effort to achieve interoperability between the electronic health record systems of the Departments of Defense and 

Veterans Affairs, including the scope, cost, schedule, mapping to 

health data standards, and performance benchmarks of the interoperable record; and the progress toward developing, implementing, and fielding the interoperable electronic health record 

throughout the two Departments’ medical facilities. 

The PEO DHMS is directed to continue briefing the House and 

Senate Appropriations Committees on a quarterly basis, coinciding 

with the report submission. Given that full deployment of the new 
551

electronic health record is not scheduled until fiscal year 2022, the 

Department of Defense is expected to continue working on interim 

modifications and enhancements to the current system to improve 

interoperability in the near-term. Additionally, the PEO DHMS is 

directed to provide written notification to the House and Senate 

Appropriations Committees prior to obligating any contract, or 

combination of contracts, for electronic health record systems in excess of $5,000,000. 

Additionally, the Director of the Interagency Program Office is 

directed to continue to provide quarterly briefings on standards development, how those standards are being incorporated by the two 

Departments, and the progress of interoperability to the House and 

Senate Appropriations Subcommittees for Defense and Military 

Construction, Veterans Affairs, and Related Agencies. In an effort 

to ensure government-wide accountability, the PEO DHMS, in coordination with the appropriate personnel of the Department of 

Veterans Affairs, is directed to provide the Federal Chief Information Officer of the United States with monthly updates on progress 

made by the two Departments to reach interoperability and modernize their respective electronic health records. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

DEFENSE

The agreement on items addressed by either the House or the 

Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget request Final bill 

OPERATION AND MAINTENANCE ................................................................................... 147,282 119,985 

Recovered chemical warfare materiel project excess to need .......................... .............................. ¥10,997

Recovered chemical warfare materiel project Panama operations ahead of 

need ................................................................................................................ .............................. ¥16,300

PROCUREMENT ............................................................................................................. 15,132 15,132

RESEARCH, DEVELOPMENT, TEST AND EVALUATION ................................................... 388,609 388,609 

TOTAL, CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE ..... 551,023 523,726 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE

The agreement on items addressed by either the House or the 

Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget request Final bill 

COUNTER-NARCOTICS SUPPORT .................................................................................. 730,087 626,087 

Transfer to National Guard counter-drug program ............................................ .............................. ¥99,000

Transfer to National Guard counter-drug schools ............................................. .............................. ¥5,000

DRUG DEMAND REDUCTION PROGRAM ........................................................................ 114,713 118,713 

Young Marines—drug demand reduction .......................................................... .............................. 4,000

NATIONAL GUARD COUNTER-DRUG PROGRAM ............................................................. 0 234,000 

Transfer from counter-narcotics support ........................................................... .............................. 99,000 

Program increase ................................................................................................ .............................. 135,000 
552

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS—Continued 

[In thousands of dollars] 

Budget request Final bill 

NATIONAL GUARD COUNTER-DRUG SCHOOLS .............................................................. 0 20,000 

Transfer from counter-narcotics support ........................................................... .............................. 5,000 

Program increase ................................................................................................ .............................. 15,000 

TOTAL, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 844,800 998,800 

JOINT URGENT OPERATIONAL NEEDS FUND 

The agreement does not recommend funding for the Joint Urgent 

Operational Needs Fund. 

OFFICE OF THE INSPECTOR GENERAL 

The agreement on items addressed by either the House or the 

Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget request Final bill 

OPERATION AND MAINTENANCE ................................................................................... 318,882 308,882 

Overestimation of civilian full-time equivalents ............................................... ¥10,000

RESEARCH, DEVELOPMENT, TEST AND EVALUATION ................................................... 3,153 3,153 

TOTAL, OFFICE OF THE INSPECTOR GENERAL .................................................... 322,035 312,035 

OFFICE OF INSPECTOR GENERAL QUARTERLY END STRENGTH REPORTS

The Department of Defense Inspector General is directed to provide quarterly reports to the congressional defense committees on 

civilian personnel end strength not later than 15 days after the end 

of each fiscal quarter. 

TITLE VII—RELATED AGENCIES 

The agreement provides $1,029,596,000 in Title VII, Related 

Agencies. The agreement on items addressed by either the House 

or the Senate is as follows: 
553
554

CLASSIFIED ANNEX

Adjustments to classified programs are addressed in a separate, 

detailed, and comprehensive classified annex. The Intelligence 

Community, the Department of Defense, and other organizations 

are expected to fully comply with the recommendations and directions in the classified annex accompanying the Department of Defense Appropriations Act, 2017. 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM FUND 

The agreement provides $514,000,000 for the Central Intelligence 

Agency Retirement and Disability Fund. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 

The agreement provides $515,596,000, a decrease of $18,000,000 

below the budget request, for the Intelligence Community Management Account. 

TITLE VIII—GENERAL PROVISIONS 

The agreement incorporates general provisions from the House 

and Senate versions of the bill which were not amended. Those 

general provisions that were addressed in the agreement are as follows:

The agreement retains a provision proposed by the House which 

provides general transfer authority not to exceed $4,500,000,000. 

The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House which 

identifies tables as Explanation of Project Level Adjustments. The 

Senate bill contained a similar provision. 

The agreement modifies a provision proposed by the House which 

provides for the establishment of a baseline for the application of 

reprogramming and transfer authorities for the current fiscal year. 

The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the Senate which 

places restrictions on multi-year procurement contracts. The House 

bill contained a similar provision. 

The agreement retains a provision proposed by the House regarding management of civilian personnel of the Department of Defense. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the Senate which 

restricts the use of funds to support any nonappropriated funds activity that procures malt beverages and wine. The House bill contained no similar provision. 

The agreement retains a provision proposed by the Senate which 

provides for the transfer of funds for Mentor-Prote ́ge ́ Programs.

The House bill contained a similar provision. 

The agreement retains a provision proposed by the House regarding limitations on the use of funds to purchase anchor and mooring 

chains. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the Senate which 

makes funds available to maintain competitive rates at the arsenals. The House bill contained no similar provision. 
555

The agreement retains a provision proposed by the House which 

prohibits the use of funds to demilitarize or dispose of certain small 

firearms. The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House regarding incentive payments authorized by the Indian Financing Act of 

1974. The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House which 

provides funding from various appropriations for the Civil Air Patrol Corporation. The Senate bill contained a similar provision. 

The agreement modifies a provision proposed by the House which 

prohibits funding from being used to establish new Department of 

Defense Federally Funded Research and Development Centers with 

certain limitations. The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House which 

prohibits the use of funds to disestablish, close, downgrade from 

host to extension center, or place a Senior Reserve Officers’ Training Corps program on probation. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the Senate which 

makes permanent the authority for the Defense Intelligence Agency to use funds provided in this Act for the provisioning of information systems. The House bill contained a similar provision. 

The agreement retains a provision proposed by the House regarding mitigation of environmental impacts on Indian lands resulting 

from Department of Defense activities. The Senate bill contained a 

similar provision. 

The agreement retains a provision proposed by the Senate which 

places restrictions on the use of funds to consolidate or relocate any 

element of the Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer. The House bill contained no 

similar provision. 

(RESCISSIONS)

The agreement modifies a provision proposed by the House recommending rescissions and provides for the rescission of 

$2,002,622,000. The Senate bill contained a similar provision. The 

rescissions agreed to are: 

2015 Appropriations: 

Aircraft Procurement, Army: 

Network and mission plan ....................................................................... $15,000,000 

Other Procurement, Army: 

Family of heavy tactical vehicles ............................................................ 13,210,000 

Army CA/MISO GPF equipment ............................................................. 4,585,000 

Information systems ................................................................................. 5,250,000 

Aircraft Procurement, Navy: 

P–8A Poseidon .......................................................................................... 50,000,000 

EA–18G ..................................................................................................... 38,000,000 

Weapons Procurement, Navy: 

Cruiser modernization weapons .............................................................. 4,000,000 

Tomahawk ................................................................................................. 5,000,000 

HARM mods .............................................................................................. 2,933,000 

Procurement of Ammunition, Navy and Marine Corps 

LRLAP 6 inch long range attack projectile ............................................ 43,600,000 

Aircraft Procurement, Air Force: 

HC–130J .................................................................................................... 18,000,000 

MC–130J ................................................................................................... 12,000,000 

MQ–1 mods ............................................................................................... 2,000,000 

MQ–9 depot activation ............................................................................. 25,000,000 
556

Other Procurement, Air Force: 

Classified programs .................................................................................. 25,500,000 

2016 Appropriations: 

Aircraft Procurement, Army: 

UH–60 Blackhawk M model (MYP)—AP ............................................... 34,594,000 

Procurement of Ammunition, Army: 

Demolition munitions, all types .............................................................. 5,000,000 

Other Procurement, Army: 

Joint light tactical vehicle ....................................................................... 6,100,000 

Generators and associated equipment .................................................... 53,000,000 

Information systems ................................................................................. 25,000,000 

Aircraft Procurement, Navy: 

F–35 CV .................................................................................................... 6,755,000 

Weapons Procurement, Navy: 

Sidewinder ................................................................................................ 5,307,000 

Procurement of Ammunition, Navy and Marine Corps: 

155MM long range land attack projectile ............................................... 2,100,000 

Non lethals ................................................................................................ 3,868,000 

81mm, all types ........................................................................................ 1,000,000 

Shipbuilding and Conversion, Navy: 

DDG–51 ..................................................................................................... 50,000,000 

LPD–17 ...................................................................................................... 14,906,000 

LX (R) (AP–CY) ........................................................................................ 236,000,000 

Other Procurement, Navy: 

AQS–20A ................................................................................................... 10,810,000 

Remote minehunting system ................................................................... 44,247,000 

Surface combatant HM&E ....................................................................... 1,317,000 

Aircraft Procurement, Air Force: 

F–35—AP .................................................................................................. 47,000,000 

C–130J—AP .............................................................................................. 20,000,000 

HC–130J .................................................................................................... 12,500,000 

KC–46A tanker ......................................................................................... 197,700,000 

KC–135 block 40/45 installs .................................................................... 9,000,000 

KC–135 post production support ............................................................. 1,500,000 

MC–130J ................................................................................................... 28,500,000 

Other production changes ........................................................................ 67,000,000 

Missile Procurement, Air Force: 

Classified programs .................................................................................. 34,700,000 

Space Procurement, Air Force: 

Evolved expendable launch vehicle ......................................................... 100,000,000 

Other Procurement, Air Force: 

Comsec equipment .................................................................................... 10,000,000 

Combat training ranges ........................................................................... 10,000,000 

Night vision goggles ................................................................................. 1,569,000 

Classified programs .................................................................................. 34,800,000 

Procurement, Defense-Wide: 

Classified programs .................................................................................. 2,600,000 

Research, Development, Test and Evaluation, Army: 

Joint light tactical vehicle ....................................................................... 5,893,000 

Concepts experimentation ....................................................................... 2,253,000 

Information technology development ...................................................... 16,700,000 

Manpower, personnel, training advanced technology ........................... 2,500,000 

Tactical command and control hardware and software ........................ 6,056,000 

Research, Development, Test and Evaluation, Navy: 

Tactical combat training system II ......................................................... 9,219,000 

Tactical AIM missiles ............................................................................... 22,000,000 

Research, Development, Test and Evaluation, Air Force: 

Ground based strategic deterrent ........................................................... 18,000,000 

KC–46 ........................................................................................................ 375,300,000 

Nuclear weapons modernization ............................................................. 27,000,000 

Integrated Personnel and Pay System ................................................... 26,000,000 

Minuteman squadrons ............................................................................. 22,000,000 

Tactical AIM missiles ............................................................................... 7,600,000 

Airborne Warning and Control System .................................................. 9,000,000 

Classified programs .................................................................................. 47,650,000 

Research, Development, Test and Evaluation, Defense-Wide: 

Defense technology offset ......................................................................... 51,500,000 

Advanced IT services joint program office ............................................. 10,000,000 
557

Classified programs .................................................................................. 3,000,000 

The agreement retains a provision proposed by the House which 

restricts procurement of ball and roller bearings other than those 

produced by a domestic source and of domestic origin. The Senate 

bill contained no similar provision. 

The agreement retains a provision proposed by the Senate which 

prohibits the use of funds to retire or divest RQ–4 Global Hawk 

aircraft. The House bill contained no similar provision. 

The agreement retains a provision proposed by the House placing 

restrictions on funding for competitively bid space launch services. 

The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House which 

provides funding to the United Service Organizations and the Red 

Cross. The Senate bill contained a similar provision. 

The agreement modifies a provision proposed by the Senate 

which prohibits funds from being used to modify Fleet Forces Command command and control relationships. The House bill contained 

no similar provision. 

The agreement retains a provision proposed by the House which 

restricts funding for repairs and maintenance of military housing 

units. The Senate bill contained no similar provision. 

The agreement modifies a provision proposed by the Senate 

which directs that up to $1,000,000 from Operation and Maintenance, Navy shall be available for transfer to the John C. Stennis 

Center for Public Service Development Trust Fund. The House bill 

contained no similar provision. 

The agreement retains a provision proposed by the Senate which 

places restrictions on the transfer to any nongovernmental entity 

certain ammunition held by the Department of Defense. The House 

bill contained a similar provision. 

The agreement retains a provision proposed by the Senate which 

prohibits funds from being used to separate the National Intelligence Program from the Department of Defense budget. The 

House bill contained a similar provision. 

The agreement modifies a provision proposed by the House which 

provides a grant to the Fisher House Foundation, Inc. The Senate 

bill contained no similar provision. 

The agreement modifies a provision proposed by the House related to funding for the Israeli Cooperative Defense programs. The 

Senate bill contained a similar provision. 

The agreement modifies a provision proposed by the House which 

reduces funding due to favorable foreign exchange rates. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the Senate which 

provides funds for the Asia Pacific Regional Initiative Program for 

the purpose of enabling the Pacific Command to execute Theater 

Security Cooperation activities. The House bill contained a similar 

provision.

The agreement retains a provision proposed by the House which 

prohibits changes to the Army Contracting Command-New Jersey 

without prior notification. The Senate bill contained no similar provision.
558

(RESCISSION)

The agreement modifies a provision proposed by the Senate recommending a rescission and provides for a rescission of 

$531,000,000 from the Defense Workforce Acquisition Fund. The 

House bill contained no similar provision. 

The agreement retains a provision proposed by the Senate which 

prohibits the use of funds to violate the Child Soldier Prevention 

Act of 2008. The House bill contained a similar provision. 

The agreement retains a provision proposed by the Senate which 

makes funds available to make grants, conclude cooperative agreements, and supplement other Federal funds to support military infrastructure in Guam. The House bill contained no similar provision.

The agreement modifies a provision proposed by the House which 

provides that funds appropriated in this Act may be available for 

the purpose of making remittances and transfers to the Defense 

Acquisition Workforce Development Fund. The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House related 

to agreements with the Russian Federation pertaining to United 

States ballistic missile defense systems. The Senate bill contained 

a similar provision. 

The agreement modifies a provision proposed by the House which 

provides the Director of National Intelligence with general transfer 

authority with certain limitations. The Senate bill contained a 

similar provision. 

The agreement modifies a provision proposed by the House which 

prohibits the transfer of detainees from Naval Station Guantanamo 

Bay, Cuba 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). The Senate bill contained 

a similar provision. 

The agreement retains a provision proposed by the House which 

prohibits funds from being used for the purchase or manufacture 

of a United States flag unless such flags are treated as covered 

items under section 2533a(b) of title 10, U.S.C. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House that 

requires the Secretary of Defense to post grant awards on a public 

website in a searchable format. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House regarding funding for flight demonstration teams at locations outside the 

United States. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House which 

prohibits the use of funds by the National Security Agency to target United States persons under authorities granted in the Foreign 

Intelligence Surveillance Act of 1978. The Senate bill contained no 

similar provision. 

The agreement retains a provision proposed by the House which 

prohibits the use of funds to implement the Arms Trade Treaty 
559

until the treaty is ratified by the Senate. The Senate bill contained 

no similar provision. 

The agreement retains a provision proposed by the House which 

limits the availability of funds authorized for counterterrorism support to foreign partners. The Senate bill contained no similar provision.

The agreement retains a provision proposed by the House which 

prohibits introducing armed forces into Iraq in contravention of the 

War Powers Act. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House which 

prohibits the use of funds to retire the A–10 fleet. The Senate bill 

contained no similar provision. 

The agreement retains a provision proposed by the House which 

limits the use of funds for the T–AO(X) program. The Senate bill 

contained a similar provision. 

The agreement modifies a provision proposed by the House which 

reduces Working Capital Funds to reflect excess cash balances. The 

Senate bill contained a similar provision. 

The agreement modifies a provision proposed by the House which 

reduces the total amount appropriated to reflect lower than anticipated fuel costs. The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House which 

prohibits the use of funds to retire the KC–10 fleet. The Senate bill 

contained no similar provision. 

The agreement retains a provision proposed by the House which 

prohibits the retirement of EC–130H aircraft. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House which 

prohibits the use of funds for gaming or entertainment that involves nude entertainers. The Senate bill contained no similar provision.

The agreement retains a provision proposed by the House which 

prohibits the use of funds for Base Realignment and Closure. The 

Senate bill contained no similar provision. 

The agreement modifies a provision proposed by the House which 

grants the Secretary of Defense the authority to use funds for Office of Personnel and Management background investigations. The 

Senate bill contained a similar provision. 

The agreement modifies a provision proposed by the House which 

restricts the use of funds for the Joint Surveillance Target Attack 

Radar System recapitalization program for pre-milestone B activities after March 31, 2018. The Senate bill contained no similar provision.

The agreement modifies a provision proposed by the House which 

prohibits the use of funds to close or transfer from the jurisdiction 

of the Department of Defense the United States Naval Station 

Guantanamo Bay. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House which 

provides authority to use readiness funds for Zika related activities. The Senate bill contained no similar provision. 

The agreement modifies a provision proposed by the House which 

restricts the use of funds to maintain or establish a computer network unless it blocks pornography. The Senate bill contained no 

similar provision. 
560

(RESCISSION)

The agreement adds a provision which terminates the Ship Modernization, Operations and Sustainment Fund and rescinds unobligated balances. The House and Senate bills contained no similar 

provisions.

The agreement retains a provision proposed by the House which 

prohibits the use of funds to provide arms, training, or other assistance to the Azov Battalion. The Senate bill contained no similar 

provision.

The agreement adds a provision which provides reprogramming 

authority for the Global Engagement Center. The House and Senate bills contained no similar provisions. 

The agreement adds a provision addressing the transfer of funds 

out of the Defense Acquisition Workforce Development Fund. The 

House and Senate bills contained no similar provisions. 

The agreement retains a provision proposed by the Senate which 

prohibits the use of funds to impede certain investigations conducted by Inspectors General funded under this Act. The House bill 

contained no similar provision. 

TITLE IX—OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 

WAR ON TERRORISM 

The agreement provides $61,822,000,000 in Title IX, Overseas 

Contingency Operations/Global War on Terrorism. 

REPORTING REQUIREMENTS

The agreement includes a number of reporting requirements related to contingency operations and building capacity efforts. The 

Secretary of Defense is directed to continue to report incremental 

costs for all named operations in the Central Command Area of Responsibility on a quarterly basis and to submit, also on a quarterly 

basis, commitment, obligation, and expenditure data for the Afghanistan Security Forces Fund, the Counter- Islamic State of Iraq 

and the Levant Train and Equip Fund, and for all security cooperation programs funded under the Defense Security Cooperation 

Agency in the Operation and Maintenance, Defense-Wide account. 

The agreement eliminates the Cost of War reporting requirement 

for detailed monthly obligation and expenditure data by appropriation account. This reporting requirement is burdensome for the Department of Defense and the information provided is either duplicative of information available through other means or is unnecessary for effective budget oversight. 

MILITARY PERSONNEL 

The agreement on items addressed by either the House or the 

Senate is as follows: 
561
562
563
564
565

OPERATION AND MAINTENANCE 

The agreement on items addressed by either the House or the 

Senate is as follows: 
566
567
568
569
570
571
572
573

COMMANDERS’ EMERGENCY RESPONSE PROGRAM

The agreement recommends $5,000,000 for the Commanders’ 

Emergency Response Program (CERP) in Afghanistan for fiscal 

year 2017. As directed in section 9005 of this Act, not later than 

30 days after the end of each fiscal quarter, the Army shall submit 

commitment, obligation, and expenditure data for the CERP to the 

congressional defense committees. 

PROCUREMENT

The agreement on items addressed by either the House or the 

Senate is as follows: 
574
575
576
577
578
579
580
581
582
583

NATIONAL GUARD AND RESERVE EQUIPMENT

The agreement provides $750,000,000 for National Guard and Reserve Equipment. Of that amount $247,500,000 is designated for 

the Army National Guard, $247,500,000 for the Air National 

Guard, $105,000,000 for the Army Reserve, $105,000,000 for the 

Air Force Reserve, $37,500,000 for the Navy Reserve, and 

$7,500,000 for the Marine Corps Reserve. 

This funding will allow the reserve components to procure high 

priority equipment that may be used for combat and domestic response missions. Current reserve component equipping levels are 

among the highest in recent history and the funding provided by 

the agreement will help ensure component interoperability and 

sustained reserve component modernization. 

The Secretary of Defense is directed to ensure that the account 

be executed by the Chiefs of the National Guard and reserve components with priority consideration given to the following items: 

acoustic hailing devices including hail and warning escalation of 

force systems, advanced cargo handling systems for CH–47, air 

broadband for C–12, airborne sense and avoid systems for remotely 

piloted aircraft, all-digital radar warning receivers, chemical biological protective shelters, combat uniforms and cold weather protective clothing, common access card for remote access virtual private network with pre-tunnel authentication, computer-assisted 

language learning software, crashworthy ballistically tolerant auxiliary fuel systems, integrated facial protection components for 

standard issue helmets, large aircraft infrared countermeasures, 

advanced targeting pods, electromagnetic in-flight propeller balance 

systems, electro-optical infrared sensors, frequency hopping multiplexers, handheld and manpack and mid-tier networking vehicular 

radios, handheld explosives and chemical weapons detection capabilities, HMMWV rollover mitigation and control technologies, 

lightweight wide-area motion imagery systems, modular small 

arms and self-contained ranges, joint threat emitters, mandible 

protection, Marine Corps tactical radio digital communications, the 

mobile user objective system, modular fuel systems, palletized loading systems, multi-temperature refrigerated container systems, 

near infrared aiming and illumination systems, out of band infrared pointer and illuminator systems, radiac sets, semi-trailers, 

unstabilized gunnery crew trainer and small arms simulation 

trainers, and wireless mobile mesh self-healing network systems. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

The agreement on items addressed by either the House or the 

Senate is as follows: 
584
585

REVOLVING AND MANAGEMENT FUNDS 

The agreement on items addressed by either the House or the 

Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget request Final bill 

WORKING CAPITAL FUND, ARMY ...................................................................................................... 46,833 46,833 

WORKING CAPITAL FUND, DEFENSE-WIDE ....................................................................................... 93,800 93,800 

TOTAL, DEFENSE WORKING CAPITAL FUNDS .................................................................................... 140,633 140,633 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM 

The agreement on items addressed by either the House or the 

Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget request Final bill 

IN-HOUSE CARE ............................................................................................................................... 95,366 95,366 

PRIVATE SECTOR CARE .................................................................................................................... 233,073 233,073 

CONSOLIDATED HEALTH SUPPORT ................................................................................................... 3,325 3,325 

TOTAL, OPERATION AND MAINTENANCE .................................................................................. 331,764 331,764

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE

The agreement provides $215,333,000 for Drug Interdiction and 

Counter-drug Activities, Defense. 

JOINT IMPROVISED-THREAT DEFEAT FUND 

The agreement on items addressed by either the House or the 

Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget request Final bill 

RAPID ACQUISITION AND THREAT RESPONSE .................................................................................. 345,472 339,472

Prior year carryover ................................................................................................................. .................... ¥6,000

MISSION ENABLERS ......................................................................................................................... 62,800 0 

Transfer to title IX OM, DW .................................................................................................... .................... ¥62,800

TOTAL, JOINT IMPROVISED-THREAT FUND ............................................................................... 408,272 339,472

JOINT IMPROVISED-THREAT DEFEAT FUND

The fiscal year 2017 budget request includes $408,272,000 in 

Overseas Contingency Operations funding for the Joint Improvised- 
586

Threat Defeat Fund. To preserve the essential joint capabilities of 

the Joint Improvised-Threat Defeat Organization (JIDO) and eliminate any duplication with Service capabilities, the agreement recommends transferring $62,800,000 to the Operation and Maintenance, Defense-Wide account in title IX. 

The budget request proposed consolidating the sub-accounts 

under the appropriation into a single account titled Rapid Acquisition and Threat Response. This flexibility would allow for quick reaction changes in spending; however, it would prevent the congressional defense committees from having any insight into why or 

when these funding changes occur. Therefore, the agreement provides the following funding levels for JIDO programs: $101,286,000 

for Rapid Capability Delivery; $200,886,000 for Assist Situational 

Understanding; and $37,300,000 for Enable Department of Defense 

Responsiveness. The Director of the JIDO is directed to provide 

quarterly reports to the congressional defense committees should 

funding be shifted between the accounts not later than 15 days 

after the end of the fiscal quarter. 

OFFICE OF THE INSPECTOR GENERAL 

The agreement provides $22,062,000 for the Office of the Inspector General. 

GENERAL PROVISIONS—THIS TITLE 

The agreement for title IX incorporates general provisions from 

the House and Senate versions of the bill which were not amended. 

Those general provisions that were addressed in the agreement are 

as follows: 

The agreement retains a provision proposed by the Senate which 

provides for special transfer authority within title IX. The House 

bill contained a similar provision. 

The agreement retains a provision proposed by the Senate which 

provides funds for logistical support to allied forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and the Levant. The House bill contained a 

similar provision. 

The agreement retains a provision proposed by the House which 

provides funds for the Office of Security Cooperation in Iraq. The 

Senate bill contained no similar provision. 

The agreement modifies a provision proposed by the House which 

provides security assistance to the Government of Jordan. The Senate bill contained no similar provision. 

The agreement modifies a provision proposed by the House which 

prohibits the use of the Counter-ISIL Train and Equip Fund to procure or transfer man-portable air defense systems. The Senate bill 

contained no similar provision. 

The agreement retains a provision proposed by the House which 

provides assistance and sustainment to the military and national 

security forces of Ukraine. The Senate bill contained no similar 

provision.

The agreement retains a provision proposed by the House related 

to the replacement of funds for items provided to the Government 

of Ukraine. The Senate bill contained no similar provision. 
587

The agreement retains a provision proposed by the House which 

prohibits the use of assistance and sustainment to the military and 

national security forces of Ukraine to procure or transfer man-portable air defense systems. The Senate bill contained no similar provision.

The agreement retains a provision proposed by the House which 

provides funds to the Department of Defense to improve intelligence, surveillance, and reconnaissance capabilities. The Senate 

bill contained no similar provision. 

The agreement retains a provision proposed by the Senate which 

prohibits the use of funds to transfer additional C–130 aircraft to 

Afghanistan until the Department of Defense conducts a review of 

the country’s medium airlift requirements. The House bill contained no similar provision. 

(RESCISSIONS)

The agreement modifies a provision proposed by the House recommending rescissions and provides for the rescission of 

$819,000,000. The Senate bill contained a similar provision. The rescissions agreed to are: 

2016 Appropriations: 

Operation and Maintenance, Defense-Wide: 

DSCA Coalition Support Fund ................................................................ $300,000,000 

Counterterrorism Partnership Fund: 

Counterterrorism Partnership Fund ....................................................... 200,000,000 

Afghanistan Security Forces Fund: 

Afghanistan Security Forces Fund ......................................................... 150,000,000 

Other Procurement, Air Force: 

Classified adjustment ............................................................................... 169,000,000 

(RESCISSION)

The agreement modifies a provision proposed by the Senate recommending rescissions and provides for the rescission of 

$11,524,000. The House bill contained no similar provision. The rescission agreed to is: 

2011/XXXX Appropriation: 

Operation and Maintenance, Defense-Wide: 

DSCA Coalition Support Fund ................................................................ $11,524,000 

The agreement adds a provision which terminates the Mine Resistant Ambush Protected Vehicle Fund. The House and Senate 

bills contained no similar provisions. 

TITLE X 

ADDITIONAL APPROPRIATIONS 

The agreement provides $14,752,267,000 in Title X, Additional 

Appropriations. The additional appropriations provided in this title 

are intended to invest in items and programs to improve the training and equipment of the military Services in order to rebuild both 

near-term and long-term readiness, directly support overseas contingency operations, fulfill urgent or emergent operational needs of 

the combatant commanders, replace operational losses of equipment, and address other unforeseen requirements. 
588

MILITARY PERSONNEL 

The agreement provides an additional appropriation of $131,375,000 for Military Personnel. The amount provided for each 

military personnel account is as follows: 
589
590

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE

The agreement provides an additional appropriation of 

$7,697,433,000 for Operation and Maintenance. The amount provided for each operation and maintenance account is as follows: 
591
592
593
594
595

COUNTER-ISIL TRAIN AND EQUIP FUND

The agreement provides an additional appropriation of $626,400,000 for the Counter-ISIL Train and Equip Fund. Amounts 

made available in this title for the Fund may not be obligated or 

expended until 15 days after the President submits a report on the 

United States strategy for the defeat of the Islamic State of Iraq 

and al Sham in accordance with section 10005 of this Act. 

COUNTER-ISIL OVERSEAS CONTINGENCY OPERATIONS TRANSFER

FUND

The agreement provides an appropriation of $1,610,000,000 for 

the Counter-ISIL Overseas Contingency Operations Transfer Fund. 

The Secretary may transfer amounts provided in this Fund for expenses directly relating to overseas contingency operations by 

United States military forces to the military personnel, operation 

and maintenance, procurement, and working capital fund accounts. 

All transfers from the fund are subject to 15 day prior notification 

to the congressional defense committees. In addition, the first 

transfer from the Fund shall not be made until 15 days after the 

President submits a report on the United States strategy for the 

defeat of the Islamic State of Iraq and al Sham in accordance with 

section 10005 of this Act. 

PROCUREMENT

The agreement provides an additional appropriation of 

$5,520,220,000 for Procurement. The amount provided for each procurement account is as follows: 
596
597
598
599
600
601
602

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

The agreement provides an additional appropriation of $990,558,000 for Research, Development, Test and Evaluation. The 

amount provided for each research, development, test and evaluation account is as follows: 
603
604
605

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

The agreement provides an additional appropriation of 

$285,681,000 for the Defense Working Capital Funds accounts. The 

amount provided for each account is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Recommended

WORKING CAPITAL FUND, ARMY ..................................................................................................................... 1,681 

WORKING CAPITAL FUND, DEFENSE-WIDE ...................................................................................................... 284,000 

TOTAL, DEFENSE WORKING CAPITAL FUNDS .......................................................................................... 285,681

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

The agreement provides an additional appropriation of 

$127,000,000 for Chemical Agents and Munitions Destruction, Defense, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Recommended

RESEARCH, DEVELOPMENT, TEST AND EVALUATION ...................................................................................... 127,000 

TOTAL, CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE ................................................. 127,000 

GENERAL PROVISIONS 

The agreement includes a provision which provides that funds 

provided in this title are in addition to amounts made available 

elsewhere in this Act. Funds made available in this title are subject 

to the terms and conditions set forth in titles VIII and IX of such 

Act except as explicitly provided for otherwise. 

The agreement includes a provision which provides special transfer authority within this title. 

The agreement includes a provision which provides that funds 

made available in this title for intelligence or intelligence-related 

activities are available for expenditure. 

The agreement includes a provision which makes available additional funds for reimbursement of expenses related to the National 

Defense Reserve Fleet. 

The agreement includes language which makes the obligation or 

expenditure of $2,476,200,000 provided in this title subject to the 

submission of a report on the United States strategy for the defeat 

of the Islamic State of Iraq and al Sham. 

The agreement includes language which requires the submission 

of a report describing a strategy for Syria not later than 90 days 

after the enactment of this Act. 
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
(621)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

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

(623)

DIVISION D—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 

studies, and plans and specifications of projects prior to construction, $121,000,000, to remain available until expended: Provided, That the Secretary may initiate up to, but not more than, six new 

study starts during fiscal year 2017: Provided further, That the 

new study starts will consist of five studies where the majority of 

the benefits are derived from navigation transportation savings or 

from flood and storm damage reduction and one study where the 

majority of benefits are derived from environmental restoration: 

Provided further, That the Secretary shall not deviate from the new 

starts proposed in the work plan, once the plan has been submitted 

to the Committees on Appropriations of both Houses of Congress. 

CONSTRUCTION

For expenses necessary for the construction of river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such 

projects (including those involving participation by States, local 

governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifica-
624

tions, 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 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 spe-
625

cial 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. 

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 of-
626

fices: Provided further, That any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster.

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

For the Office of the Assistant Secretary of the Army for Civil 

Works as authorized by 10 U.S.C. 3016(b)(3), $4,764,000, to remain 

available until September 30, 2018: 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 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 
627

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 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 
628

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 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 
629

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 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 
630

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 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; 
631

(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. 

(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. 
632

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, 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 in-
633

quiries, 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.

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 Or-
634

ganization Act (42 U.S.C. 7101 et seq.), including the acquisition or 

condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $247,000,000, to remain available until expended. 

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

For Department of Energy expenses necessary in carrying out 

uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the 

Atomic Energy Act of 1954, and title X, subtitle A, of the Energy 

Policy Act of 1992, $768,000,000, to be derived from the Uranium 

Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $30,000,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act 

of 1992. 

SCIENCE

For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other 

expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition or condemnation of any real 

property or facility or for plant or facility acquisition, construction, 

or expansion, and purchase of not more than 17 passenger motor 

vehicles for replacement only, including one ambulance and one 

bus, $5,392,000,000, to remain available until expended: Provided,

That of such amount, $182,000,000 shall be available until September 30, 2018, for program direction: Provided further, That of 

such amount, $50,000,000 shall be available for the ongoing in-kind 

contributions provided by facilities located in the United States to 

the ITER project and related support activities carried out by such 

facilities for the ITER project and, subject to the notification requirement in section 301(e) of this Act, up to an additional 

$50,000,000 of such amount may be made available for in-kind contributions and related support activities of ITER. 

ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

For Department of Energy expenses necessary in carrying out 

the activities authorized by section 5012 of the America COMPETES Act (Public Law 110–69), $306,000,000, to remain available 

until expended: Provided, That of such amount, $29,250,000 shall 

be available until September 30, 2018, for program direction. 

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 
635

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 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 
636

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. 

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 acqui-
637

sition 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 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 replace-
638

ment only, $5,405,000,000, to remain available until expended: Provided, That of such amount, $290,050,000 shall be available until 

September 30, 2018, for program direction: Provided further, That 

of the amount provided under this heading, $26,800,000 shall be 

available for the purpose of a payment by the Secretary of Energy 

to the State of New Mexico for road improvements in accordance 

with section 15(b) of the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102–579): Provided further, That the 

amount made available by the previous proviso shall be separate 

from any appropriations of funds for the Waste Isolation Pilot 

Plant.

DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND

DECOMMISSIONING

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions 

for uranium enrichment decontamination and decommissioning activities, $563,000,000, to be deposited into the Defense Environmental Cleanup account which shall be transferred to the ‘‘Uranium Enrichment Decontamination and Decommissioning Fund’’. 

OTHER DEFENSE ACTIVITIES

For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other 

expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the 

Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 

including the acquisition or condemnation of any real property or 

any facility or for plant or facility acquisition, construction, or expansion, $784,000,000, to remain available until expended: Provided, That of such amount, $254,230,000 shall be available until 

September 30, 2018, for program direction. 

POWER MARKETING ADMINISTRATIONS 

BONNEVILLE POWER ADMINISTRATION FUND

Expenditures from the Bonneville Power Administration Fund, 

established pursuant to Public Law 93–454, are approved for official reception and representation expenses in an amount not to exceed $5,000: Provided, That during fiscal year 2017, no new direct 

loan obligations may be made. 

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

For expenses necessary for operation and maintenance of power 

transmission facilities and for marketing electric power and energy, 

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 not-
639

withstanding 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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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 in-
641

curred: 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 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. 

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 Trans- action Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; 
642

(C) issue a letter of intent to make an allocation, award, or 

Agreement in excess of the limits in subparagraph (A) or (B); 

or

(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. 
643

(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 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; 
644

(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 

(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. 
645

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), 

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 nondistressed communities: Provided further, That, notwithstanding 

any other provision of law regarding payment of a non-Federal 

share in connection with a grant-in-aid program, amounts under 

this heading shall be available for the payment of such a non-Federal share for programs undertaken to carry out the purposes of 

the Commission. 

NORTHERN BORDER REGIONAL COMMISSION

For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 

40, United States Code, $10,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, 

United States Code. 

SOUTHEAST CRESCENT REGIONAL COMMISSION

For expenses necessary for the Southeast Crescent Regional 

Commission in carrying out activities authorized by subtitle V of 

title 40, United States Code, $250,000, to remain available until expended.

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Commission in carrying out the 

purposes of the Energy Reorganization Act of 1974 and the Atomic 

Energy Act of 1954, $905,000,000, including official representation 

expenses not to exceed $25,000, to remain available until expended: 

Provided, That of the amount appropriated herein, not more than 

$7,500,000 may be made available for salaries, travel, and other 

support costs for the Office of the Commission, to remain available 
646

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 available 

until expended: Provided further, That of the amounts appropriated under this heading, not less than $5,000,000 shall be for activities 

related to the development of regulatory infrastructure for advanced nuclear reactor technologies, and $5,000,000 of that amount 

shall not be available from fee revenues, notwithstanding 42 U.S.C. 

2214: Provided further, That the sum herein appropriated shall be 

reduced by the amount of revenues received during fiscal year 2017 

so as to result in a final fiscal year 2017 appropriation estimated 

at not more than $110,420,000: Provided further, That of the 

amounts appropriated under this heading, $10,000,000 shall be for 

university research and development in areas relevant to the Commission’s mission, and $5,000,000 shall be for a Nuclear Science 

and Engineering Grant Program that will support multiyear 

projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering.

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$12,129,000, to remain available until September 30, 2018: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $10,044,000 in fiscal 

year 2017 shall be retained and be available until September 30, 

2018, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further, That the sum herein appropriated shall be reduced by the 

amount of revenues received during fiscal year 2017 so as to result 

in a final fiscal year 2017 appropriation estimated at not more than 

$2,085,000: Provided further, That of the amounts appropriated under this heading, $969,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board, which shall 

not be available from fee revenues. 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For expenses necessary for the Nuclear Waste Technical Review 

Board, as authorized by Public Law 100–203, section 5051, 

$3,600,000, to be derived from the Nuclear Waste Fund, to remain 

available until September 30, 2018. 

GENERAL PROVISIONS—INDEPENDENT AGENCIES 

SEC. 401. The Nuclear Regulatory Commission shall comply with 

the July 5, 2011, version of Chapter VI of its Internal Commission 
647

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. 

(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. 

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 
648

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 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’’. 
(649)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H3704 of Book II. 

[CLERK’S NOTE: Reproduced below is the material relating to division D contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION D—ENERGY AND WATER DEVELOPMENT AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2017 

The following statement to the House of Representatives and the 

Senate is submitted in explanation of the agreed upon Act making 

appropriations for energy and water development for the fiscal year 

ending September 30, 2017, and for other purposes. 

This explanatory statement, while repeating some report language for emphasis, does not intend to negate the language and allocations set forth in House Report 114–532 and Senate Report 

114–236 and that direction shall be complied with unless specifically addressed to the contrary in the accompanying bill or explanatory statement. Additionally, where this explanatory statement 

states that the ‘‘agreement only includes’’ or ‘‘the following is the 

only’’ direction, any direction included in the House or Senate report on that matter shall be considered as replaced with the direction provided within this explanatory statement. In cases where 

the House or the Senate has directed the submission of a report, 

such report is to be submitted to the Committees on Appropriations 

of both Houses of Congress. House or Senate reporting requirements with deadlines prior to or within 15 days of the enactment 

of this Act shall be submitted no later than 60 days after the enactment of this Act. All other reporting deadlines not changed by this 

explanatory statement are to be met. 

Funds for the individual programs and activities within the accounts in this Act are displayed in the detailed table at the end of 

the explanatory statement for this Act. Funding levels that are not 

displayed in the detailed table are identified in this explanatory 

statement.

In fiscal year 2017, for purposes of the Balanced Budget and 

Emergency Deficit Control Act of 1985 (Public Law 99–177), the 

following information provides the definition of the term ‘‘program, 

project, or activity’’ for departments and agencies under the jurisdiction of the Energy and Water Development Appropriations Act. 

The term ‘‘program, project, or activity’’ shall include the most specific level of budget items identified in the Energy and Water Development Appropriations Act, 2017 and the explanatory statement 

accompanying the Act. 

National Ocean Policy.—No specific funding was provided in fiscal year 2016 and none was requested by any agencies funded in 

this Act in fiscal year 2017 to implement the National Ocean Pol-
650

icy. Consequently, no specific funds for National Ocean Policy activities are included for any agency funded in this Act. 

TITLE I—CORPS OF ENGINEERS—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The summary tables included in this title set forth the dispositions with respect to the individual appropriations, projects, and 

activities of the Corps of Engineers. Additional items of the Act are 

discussed below. 

Recent statutory changes regarding the Inland Waterways Trust 

Fund (IWTF) have resulted in an increase to the size of the capital 

improvement program that can be supported by the IWTF. The 

agreement reflects congressional interest in supporting this larger 

program. The Corps is directed to take the preparatory steps necessary to ensure that new construction projects can be initiated as 

soon as can be supported under the larger capital program (i.e., as 

ongoing projects approach completion). 

Concerns persist that the effort to update the Water Resources 

Principles and Guidelines did not proceed consistent with the language or intent of section 2031 of the Water Resources Development Act of 2007. No funds provided to the Corps of Engineers 

shall be used to develop or implement rules or guidance to support 

implementation of the final Principles and Requirements for Federal Investments in Water Resources released in March 2013 or the 

final Interagency Guidelines released in December 2014. The Corps 

shall continue to use the document dated March 10, 1983, and entitled ‘‘Economic and Environmental Principles and Guidelines for 

Water and Related Land Resources Implementation Studies’’ during the fiscal year period covered by the Energy and Water Development Appropriations Act for 2017. 

Asian Carp.—In lieu of House direction on Asian Carp and Senate direction on Aquatic Nuisance Species, the Corps is expected to 

release the draft Great Lakes and Mississippi River Interbasin 

Study (GLMRIS) Brandon Road Study consistent with the urgency 

of its previous actions. The Corps is directed to adhere to a public 

and agency review process that is open and transparent. Further, 

the Corps is directed to provide quarterly updates to the Committees on Appropriations of both Houses of Congress on the progress 

and status of efforts to prevent the further spread of the carp as 

well as the location and density of Asian Carp populations, including the use of emergency procedures. 

Aquaculture Activities.—The agreement only includes direction 

on aquaculture activities in the Regulatory account. 

ADDITIONAL FUNDING

The fiscal year 2017 budget request significantly underfunds the 

Civil Works program of the Corps of Engineers. The agreement, 

however, includes funding in addition to the budget request to ensure continued improvements to our national economy, public safety, and environmental health that result from water resources 

projects. This funding is for additional work that either was not in-
651

cluded in the budget request or was inadequately budgeted. The 

bill contains a provision requiring the Corps to allocate funds in accordance with only the direction in this agreement. In lieu of all 

House and Senate report direction regarding additional funding 

and new starts, the Corps shall follow the direction included in this 

explanatory statement. 

The Corps again is directed to develop rating systems for use in 

evaluating studies and projects for allocation of the additional 

funding provided in this title. These evaluation systems may be, 

but are not required to be, individualized for each account, category, or subcategory. Each study and project eligible for funding 

shall be evaluated under the applicable ratings system. A study or 

project may not be excluded from evaluation for being ‘‘inconsistent 

with Administration policy.’’ The Corps retains complete control 

over the methodology of these ratings systems. The executive 

branch retains complete discretion over project-specific allocation 

decisions within the additional funds provided, subject to only the 

direction here and under the heading ‘‘Additional Funding’’ or ‘‘Additional Funding for Ongoing Work’’ within each of the Investigations, Construction, Mississippi River and Tributaries, and Operation and Maintenance accounts. 

The Administration is reminded that these funds are in addition 

to the budget request, and Administration budget metrics shall not 

be a reason to disqualify a study or project from being funded. It 

is expected that all of the additional funding provided will be allocated to specific programs, projects, or activities. The focus of the 

allocation process shall favor the obligation, rather than expenditure, of funds. With the significant backlog of work in the Corps’ 

inventory, there is no reason for funds provided above the budget 

request to remain unallocated. 

A project or study shall be eligible for additional funding within 

the Investigations, Construction, and Mississippi River and Tributaries accounts if: (1) it has received funding, other than through 

a reprogramming, in at least one of the previous three fiscal years; 

(2) it was previously funded and could reach a significant milestone, complete a discrete element of work, or produce significant 

outputs in fiscal year 2017; or (3) as appropriate, it is selected as 

one of the new starts allowed in accordance with this Act and the 

additional direction provided below. None of the additional funding 

in any account may be used for any item where funding was specifically denied or for projects in the Continuing Authorities Program. Funds shall be allocated consistent with statutory cost share 

requirements.

Funding associated with each category may be allocated to any 

eligible study or project, as appropriate, within that category; funding associated with each subcategory may be allocated only to eligible studies or projects, as appropriate, within that subcategory. The 

list of subcategories is not meant to be exhaustive. 

Work Plan.—Not later than 45 days after the enactment of this 

Act, the Corps shall provide to the Committees on Appropriations 

of both Houses of Congress a work plan including the following information: (1) a detailed description of the ratings system(s) developed and used to evaluate studies and projects; (2) delineation of 

how these funds are to be allocated; (3) a summary of the work to 
652

be accomplished with each allocation, including phase of work; and 

(4) a list of all studies and projects that were considered eligible 

for funding but did not receive funding, including an explanation 

of whether the study or project could have used funds in fiscal year 

2017 and the specific reasons each study or project was considered 

as being less competitive for an allocation of funds. 

New Starts.—The agreement includes up to six new study starts 

and six new construction starts to be distributed across the three 

main mission areas of the Corps. Of the new study starts, one shall 

be for a navigation study, one shall be for a flood and storm damage reduction study, three shall be for additional navigation or 

flood and storm damage reduction studies, and one shall be for an 

environmental restoration study. Of the new construction starts, 

one shall be for a navigation project, one shall be for a flood and 

storm damage reduction project, three shall be for additional navigation or flood and storm damage reduction projects, and one shall 

be for an environmental restoration project. No funding shall be 

used to initiate new studies, programs, projects, or activities in the 

Mississippi River and Tributaries or Operation and Maintenance 

accounts.

The Corps is directed to propose a single group of new starts as 

a part of the work plan. The Corps may not change or substitute 

the new starts selected once the work plan has been provided to 

the Committees on Appropriations of both Houses of Congress. 

Each new start shall be funded from the appropriate additional 

funding line item. Any project for which the new start requirements are not met by the end of fiscal year 2017 shall be treated 

as if the project had not been selected as a new start; such a 

project shall be required to compete again for new start funding in 

future years. Consideration of studies and projects for selection as 

new starts shall not be limited to only those proposed in the fiscal 

year 2017 budget request. As all new starts are to be chosen by the 

Corps, all shall be considered of equal importance, and the expectation is that future budget submissions will include appropriate 

funding for all new starts selected. 

There continues to be confusion regarding the executive branch’s 

policies and guidelines regarding which studies and projects require new start designations. Therefore, the Corps is directed to notify the Committees on Appropriations of both Houses of Congress 

at least 7 days prior to execution of an agreement for construction 

of any project except environmental infrastructure projects and 

projects under the Continuing Authorities Program. Additionally, 

the agreement reiterates and clarifies previous congressional direction as follows. Neither study nor construction activities related to 

individual projects authorized under section 1037 of the Water Resources Reform and Development Act (WRRDA) of 2014 shall require a new start or new investment decision; these activities shall 

be considered ongoing work. No new start or new investment decision shall be required when moving from feasibility to 

preconstruction engineering and design (PED). A new start designation shall be required to initiate construction of individuallyauthorized projects funded within programmatic line items. No new 

start or new investment decision shall be required to initiate work 

on a separable element of a project when construction of one or 
653

more separable elements of that project was initiated previously; it 

shall be considered ongoing work. A new construction start shall 

not be required for work undertaken to correct a design deficiency 

on an existing federal project; it shall be considered ongoing work. 

In addition to the priority factors used to allocate all additional 

funding provided in the Investigations account, the Corps should 

give careful consideration to the out-year budget impacts of the 

studies selected and to whether there appears to be an identifiable 

local sponsor that will be ready and able to provide, in a timely 

manner, the necessary cost share for the feasibility and PED 

phases. The Corps is reminded that the flood and storm damage reduction mission area can include instances where non-federal sponsors are seeking assistance with flood control and unauthorized discharges from permitted wastewater treatment facilities. 

In addition to the priority factors used to allocate all additional 

funding provided in the Construction account, the Corps also shall 

consider the out-year budget impacts of the selected new starts; 

legal requirements, including responsibilities to Tribes; and the 

cost sharing sponsor’s ability and willingness to promptly provide 

the cash contribution (if any), as well as required lands, easements, 

rights-of-way, relocations, and disposal areas. When considering 

new construction starts, only those that can execute a project cost 

sharing agreement not later than September 30, 2017, shall be chosen.

To ensure that the new construction starts are affordable and 

will not unduly delay completion of any ongoing projects, the Secretary is required to submit to the Committees on Appropriations 

of both Houses of Congress a realistic out-year budget scenario 

prior to issuing a work allowance for a new start. It is understood 

that specific budget decisions are made on an annual basis and 

that this scenario is neither a request for nor a guarantee of future 

funding for any project. Nonetheless, this scenario shall include an 

estimate of annual funding for each new start utilizing a realistic 

funding scenario through completion of the project, as well as the 

specific impacts of that estimated funding on the ability of the 

Corps to make continued progress on each previously funded construction project (including impacts to the optimum timeline and 

funding requirements of the ongoing projects) and on the ability to 

consider initiating new projects in the future. The scenario shall 

assume a Construction account funding level at the average of the 

past three budget requests. 

INVESTIGATIONS

The agreement includes $121,000,000 for Investigations. The 

agreement includes legislative language regarding parameters for 

new study starts. 

The allocation for projects and activities within the Investigations account is shown in the following table: 
654
655
656
657
658
659
660

Updated Capability.—The agreement adjusts some project-specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2017. 

Additional Funding.—The Corps is expected to allocate the additional funding provided in this account primarily to specific feasibility and PED phases, rather than to Remaining Items line items 

as has been the case in past work plans. The activities funded 

under Remaining Items address core agency competencies, which 

means the budget request should reflect sufficient funding. When 

allocating the additional funding provided in this account, the 

Corps shall consider giving priority to completing or accelerating 

ongoing studies or to initiating new studies that will enhance the 

nation’s economic development, job growth, and international competitiveness; are for projects located in areas that have suffered recent natural disasters; or are for projects to address legal requirements. While the additional funding is shown in the feasibility column, the Corps shall use these funds for additional work in both 

the feasibility and PED phases. The agreement includes sufficient 

additional funding to undertake a significant amount of feasibility 

and PED work. The Administration is reminded that a project 

study is not complete until the PED phase is complete. 

Hydraulic Modeling.—The agreement does not include direction 

included in the Senate report. 

Water Resources Priorities Study.—No funding shall be used for 

this study. 

Research and Development, Additional Topic—Urban Flood Damage Reduction and Stream Restoration in Arid Regions.—The

agreement supports but includes no specific level of funding for activities included in the Senate report. 

Disposition of Completed Projects.—The agreement includes funding only for reviews included in the budget request. 

National Flood Risk Management Program.—The agreement 

does not include direction included in the House report. 

Flood Control and Wastewater Treatment Facilities.—The agreement includes direction included in the House report with the further direction that the list be developed using readily available information.

Puget Sound.—The Corps is encouraged to proceed with the 

tiered implementation strategy using all existing authorities as 

outlined in the Puget Sound Nearshore Ecosystem Restoration 

Project Feasibility Study, Completion Strategy Guidance dated 

June 2015. The Corps is directed to recognize the Puget Sound 

Nearshore Study as the feasibility component for the purposes of 

section 544 of the Water Resources Development Act of 2000. 

Missouri River Projects.—None of the funds made available by 

this Act may be used for the study of the Missouri River Projects 

authorized in section 108 of the Energy and Water Development 

and Related Agencies Appropriations Act, 2009 (Public Law 111– 

8).

Coastal Resiliency Projects.—The agreement only includes language in the Construction account under the heading ‘‘Continuing 

Authorities Program’’. 
661

CONSTRUCTION

The agreement includes $1,876,000,000 for Construction. The 

agreement includes legislative language regarding parameters for 

new construction starts. 

The allocation for projects and activities within the Construction 

account is shown in the following table: 
662
663
664
665

Updated Capability.—The agreement adjusts some project-specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2017. 

Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois.— 

The budget request includes funding for this project in the Operation and Maintenance account. During the period of the continuing resolution, however, the Corps informed the Committees on 

Appropriations of both Houses of Congress that the budget request 

is required in the Construction account. The agreement accommodates this shift in funding. 

Additional Funding.—The agreement includes additional funds 

for projects and activities to enhance the nation’s economic growth 

and international competitiveness. Of the additional funds provided 

in this account, the Corps shall allocate not less than $12,450,000 

to projects with riverfront development components. Of the additional funding provided in this account for flood and storm damage 

reduction and flood control, the Corps shall allocate not less than 

$14,000,000 to additional nonstructural flood control projects. Of 

the additional funds provided in this account for flood and storm 

damage reduction, navigation, and other authorized project purposes, the Corps shall allocate not less than $10,000,000 to authorized reimbursements for projects with executed project cooperation 

agreements and that have completed construction or where nonfederal sponsors intend to use the funds for additional water resources development activities. Of the additional funding provided 

in this account for flood and storm damage reduction and flood control, the Corps shall allocate not less than $10,500,000 to continue 

construction of projects that principally include improvements to 

rainfall drainage systems that address flood damages. 

When allocating the additional funding provided in this account, 

the Corps is encouraged to evaluate authorized reimbursements in 

the same manner as if the projects were being evaluated for new 

or ongoing construction and shall consider giving priority to the following:

1. benefits of the funded work to the national economy; 

2. extent to which the work will enhance national, regional, 

or local economic development; 

3. number of jobs created directly by the funded activity; 

4. ability to obligate the funds allocated within the calendar 

year, including consideration of the ability of the non-federal 

sponsor to provide any required cost share; 

5. ability to complete the project, separable element, or 

project phase with the funds allocated; 

6. for flood and storm damage reduction projects (including 

authorized nonstructural measures and periodic beach renourishments),

a. population, economic activity, or public infrastructure 

at risk, as appropriate; and 

b. the severity of risk of flooding or the frequency with 

which an area has experienced flooding; 

7. for shore protection projects, projects in areas that have 

suffered severe beach erosion requiring additional sand place-
666

ment outside of the normal beach renourishment cycle or in 

which the normal beach renourishment cycle has been delayed; 

8. for navigation projects, the number of jobs or level of economic activity to be supported by completion of the project, 

separable element, or project phase; 

9. for projects cost shared with the Inland Waterways Trust 

Fund (IWTF), the economic impact on the local, regional, and 

national economy if the project is not funded, as well as discrete elements of work that can be completed within the funding provided in this line item; 

10. for other authorized project purposes and environmental 

restoration or compliance projects, to include the beneficial use 

of dredged material; and 

11. for environmental infrastructure, projects with the greater economic impact, projects in rural communities, projects in 

communities with significant shoreline and instances of runoff, 

projects in or that benefit counties or parishes with high poverty rates, and projects in financially distressed municipalities. 

The agreement provides funds making use of all estimated annual revenues in the IWTF. The Corps shall allocate all funds provided in the IWTF Revenues line item along with the statutory cost 

share from funds provided in the Navigation line item prior to allocating the remainder of funds in the Navigation line item. The 

Corps has indicated that several construction contract options are 

set to expire in the very near future. If the decision is made by the 

Administration to fund any of those projects in the work plan, but 

the funding is not made available in time to exercise the existing 

options, costs could escalate unnecessarily. Therefore, notwithstanding the work plan deadline established in the title I front 

matter, the Corps shall allocate the additional funding provided for 

construction of IWTF projects, and notify the Committees on Appropriations of both Houses of Congress of such allocations, not 

later than 10 days after the enactment of this Act. 

Aquatic Plant Control Program.—Of the funding provided for the 

Aquatic Plant Control Program, $4,000,000 shall be for nationwide 

research and development to address invasive aquatic plants; within this funding, the Corps is encouraged to support cost shared 

aquatic plant management programs. Of the funding provided for 

the Aquatic Plant Control Program, $5,000,000 shall be for 

watercraft inspection stations, as authorized by section 1039 of the 

Water Resources Reform and Development Act of 2014, and related 

monitoring.

Continuing Authorities Program (CAP).—The agreement continues to support all sections of the Continuing Authorities Program. Funding is provided for eight CAP sections at a total of 

$34,500,000, an increase of $31,000,000 above the budget request, 

which proposed funding for only four sections. This program provides a useful tool for the Corps to undertake small localized 

projects without the lengthy study and authorization process typical of larger Corps projects. Within the Continuing Authorities 

Program and to the extent already authorized by law, the Corps is 

encouraged to consider projects that enhance coastal and ocean ecosystem resiliency. The management of the Continuing Authorities 
667

Program should continue consistent with direction provided in previous fiscal years. 

Public-Private Partnerships.—The agreement only includes direction in the Expenses account. 

Reimbursements.—The agreement only includes direction under 

the heading ‘‘Additional Funding’’ in this account. 

Environmental Infrastructure.—The agreement does not include 

direction included in the Senate report. 

Efficiency Review.—The agreement only includes direction in the 

Expenses account. 

MISSISSIPPI RIVER AND TRIBUTARIES

The agreement includes $362,000,000 for Mississippi River and 

Tributaries.

The allocation for projects and activities within the Mississippi 

River and Tributaries account is shown in the following table: 
668
669
670

Additional Funding for Ongoing Work.—When allocating the additional funding provided in this account, the Corps shall consider 

giving priority to completing or accelerating ongoing work that will 

enhance the nation’s economic development, job growth, and international competitiveness, or are for studies or projects located in 

areas that have suffered recent natural disasters. While this funding is shown under remaining items, the Corps shall use these 

funds in investigations, construction, and operation and maintenance, as applicable. Of the additional funds provided in this account for flood control, the Corps shall allocate not less than 

$24,300,000 for additional flood control construction projects. Of 

the additional funds provided in this account for other authorized 

project purposes, the Corps shall allocate not less than $2,378,000 

for operation and maintenance of facilities that are educational or 

to continue land management of mitigation features. 

Mississippi River Commission.—No funding is provided for this 

new line item. The Corps is directed to continue funding the costs 

of the commission from within the funds provided for activities 

within the Mississippi River and Tributaries project. 

OPERATION AND MAINTENANCE

The agreement includes $3,149,000,000 for Operation and Maintenance.

The allocation for projects and activities within the Operation 

and Maintenance account is shown in the following table: 
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692

Updated Capability.—The agreement adjusts some project-specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2017. 

Additional Funding for Ongoing Work.—When allocating the additional funding provided in this account, the Corps shall consider 

giving priority to the following: 

1. ability to complete ongoing work maintaining authorized 

depths and widths of harbors and shipping channels, including 

where contaminated sediments are present; 

2. ability to address critical maintenance backlog; 

3. presence of the U.S. Coast Guard; 

4. extent to which the work will enhance national, regional, or 

local economic development, including domestic manufacturing capacity;

5. extent to which the work will promote job growth or international competitiveness; 

6. number of jobs created directly by the funded activity; 

7. ability to obligate the funds allocated within the calendar year; 

8. ability to complete the project, separable element, project 

phase, or useful increment of work within the funds allocated; 

9. risk of imminent failure or closure of the facility; 

10. for harbor maintenance activities, 

a. total tonnage handled; 

b. total exports; 

c. total imports; 

d. dollar value of cargo handled; 

e. energy infrastructure and national security needs served; 

f. designation as strategic seaports; 

g. lack of alternative means of freight movement; and 

h. savings over alternative means of freight movement; and 

11. for other authorized project purposes, authorized activities related to flood and drought monitoring. 

The additional funding provided in this account for donor and energy transfer ports shall be allocated in accordance with 33 U.S.C. 

2238c.

Facility Protection.—The agreement includes direction included 

in the House report. 

Monitoring of Completed Navigation Projects.—Of the funding 

provided, $3,700,000 shall be for continued development and fieldtesting of platforms to enable scalable, cost effective structural 

health monitoring of critical civil infrastructure and not less than 

$2,000,000 shall be for research described in the Senate report 

under the heading ‘‘Operations and Maintenance—Fisheries.’’ 

Water Operations Technical Support.—Funding in addition to the 

budget request is included for research into atmospheric rivers first 

funded in fiscal year 2015. 

Great Lakes Navigation System.—The agreement includes funding for individual projects within this System that exceeds the 

funding level envisioned in section 210(d)(1)(B)(ii) of the Water Resources Development Act of 1986. 
693

REGULATORY PROGRAM

The agreement includes $200,000,000 for the Regulatory Program.

Aquaculture Activities.—Since 2007, shellfish growers in the 

State of Washington have submitted approximately 1,000 requests 

to initiate or expand aquaculture activities. Significant progress 

has been made in the last year to process permit requests. The 

Corps of Engineers completed Endangered Species Act consultations with the National Marine Fisheries Service and the U.S. Fish 

and Wildlife Service in September 2016. The Corps is directed to 

expeditiously process the shellfish growers’ requests using the final 

Biological Opinions and in accordance with the recently completed 

2017 Nationwide Permit 48. The Corps is encouraged to communicate directly with the regulated industry and other interested 

stakeholders to ensure all have clarity on permitting requirements. 

Army Corps of Engineers and Underserved Communities.—The

Corps is encouraged to take steps to expedite and support economic 

development projects in underserved urban communities, particularly economically disadvantaged communities with populations of 

less than 100,000 residents. These communities often are overlooked unintentionally and face complex challenges that impede 

economic development due to years of neglect, an abundance of 

abandoned industrial areas, or a lack of consistent local funding 

sources.

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

The agreement includes $112,000,000 for the Formerly Utilized 

Sites Remedial Action Program. 

FLOOD CONTROL AND COASTAL EMERGENCIES

The agreement includes $32,000,000 for Flood Control and Coastal Emergencies. 

EXPENSES

The agreement includes $181,000,000 for Expenses. The agreement includes $1,000,000 for the Corps to initiate the evaluation 

of project partnership agreements authorized under section 1013 of 

the Water Resources Reform and Development Act of 2014. 

Public-Private Partnership Program.—As discussed in fiscal year 

2016, there is strong support among many Members of the Congress and within the senior leadership of the Corps for public-private partnerships (P3). These arrangements have the potential to 

be project delivery tools to help sustain the performance of existing 

infrastructure and construct new infrastructure more quickly. Unfortunately, actions to date will serve to undermine, rather than 

promote, the use of P3s. For instance, the executive branch selected 

a P3 project as one of its fiscal year 2016 new starts, yet did not 

include funding for this project in its fiscal year 2017 budget request, claiming the project did not meet budget criteria. Without a 

clear signal from the federal government that it will honor its commitments under a P3 arrangement, it is unlikely that communities 

or private investors will put their resources at risk with a P3 arrangement.
694

More broadly, concerns persist that the Corps is attempting to 

develop individual, project-specific P3 arrangements, rather than 

developing the policy by which such arrangements, developed by 

project stakeholders and private investors, will be evaluated. This 

program will generate stronger interest and allow all interested 

non-federal sponsors equal opportunity to develop P3 proposals for 

the Corps to review under established guidelines. An established 

policy would also ensure that selected projects will meet budget criteria.

It was for these reasons that the Congress, in fiscal year 2016, 

directed the Corps to develop a policy on how P3 proposals will be 

considered by the Corps and how these partnerships will be incorporated into the budget policy. There has been no indication that 

the Corps has done any work to comply with this direction. Therefore, due to the concerns detailed above and until such time as a 

comprehensive policy is established and provided to the Committees on Appropriations of both Houses of Congress, the Corps shall 

discontinue all work on project-specific public-private partnerships 

beyond the P3 project selected as a new start in fiscal year 2016. 

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

The agreement includes $4,764,000 for the Office of the Assistant 

Secretary of the Army for Civil Works. The agreement includes legislative language that restricts the availability of funding until the 

Secretary submits a work plan that allocates at least 95 percent of 

the additional funding provided in each account (i.e., 95 percent of 

additional funding provided in Investigations, 95 percent of additional funding provided in Construction, etc.). This restriction shall 

not affect the roles and responsibilities established in previous fiscal years of the Office of the Assistant Secretary of the Army for 

Civil Works, the Corps headquarters, the Corps field operating 

agencies, or any other executive branch agency. 

The Congress counts on a timely and accessible executive branch 

in the course of fulfilling its constitutional role in the appropriations process. The requesting and receiving of basic, factual information is vital in order to maintain a transparent and open governing process. Some discussions internal to the executive branch 

are pre-decisional in nature and, therefore, not subject to disclosure. However, the access to facts, figures, and statistics that inform these decisions are not subject to this same sensitivity and 

are critical to the budget process. The Administration needs to ensure timely and complete responses to these inquiries. 

GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL

(INCLUDING TRANSFER OF FUNDS)

The agreement includes a provision relating to reprogramming. 

The agreement includes a provision regarding the allocation of 

funds.

The agreement includes a provision prohibiting the use of funds 

to carry out any contract that commits funds beyond the amounts 

appropriated for that program, project, or activity. 

The agreement includes a provision concerning funding transfers 

related to fish hatcheries. 
695

The agreement includes a provision regarding certain dredged 

material disposal activities. 

The agreement includes a provision regarding acquisitions. 

The agreement includes a provision regarding reallocations at a 

project.

The agreement includes a provision prohibiting funds from being 

used to develop or implement changes to certain definitions for the 

purposes of the Clean Water Act during fiscal year 2017. 

The agreement includes a provision regarding section 404 of the 

Federal Water Pollution Control Act. 

TITLE II—DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

The agreement includes a total of $10,500,000 for the Central Utah Project Completion Account, which includes $7,850,000 for 

Central Utah Project construction, $1,300,000 for transfer to the 

Utah Reclamation Mitigation and Conservation Account for use by 

the Utah Reclamation Mitigation and Conservation Commission, 

and $1,350,000 for necessary expenses of the Secretary of the Interior.

BUREAU OF RECLAMATION

In lieu of all House and Senate report direction regarding additional funding and the fiscal year 2017 work plan, the agreement 

includes direction under the heading ‘‘Additional Funding for 

Water and Related Resources Work’’ in the Water and Related Resources account. 

Salt Cedar.—The WIIN Act authorized the Secretary of the Interior, in coordination with the Secretary of Agriculture, to enter into 

an agreement with the National Academy of Sciences to conduct a 

comprehensive study on the effectiveness and environmental impacts of salt cedar biological control efforts on increasing water 

supplies and improving riparian habitats of the Colorado River and 

its principal tributaries. Not later than 180 days after completion 

of such a study, the Bureau of Reclamation shall submit to the 

Committees on Appropriations of both Houses of Congress a report 

on the conclusions applicable to the Bureau of Reclamation and any 

plans for changes at Reclamation-managed lands. 

Implementation Plans.—The Secretary of the Interior is directed 

to provide to the Committees on Appropriations of both Houses of 

Congress, not later than September 30, 2017, implementation plans 

to execute the Delta smelt distribution study pursuant to section 

4010(a)(4), the expanded use of conservation fish hatcheries pursuant to section 4010(b)(5), and the pilot projects to implement the 

CALFED invasive species program pursuant to section 4010(e) of 

Public Law 114–322. The Secretary of the Interior is directed to 

work with the Secretary of Commerce to provide to the Committees 

on Appropriations of both Houses of Congress, not later than September 30, 2017, an implementation plan to execute the Delta 

Cross Channel Gates pilot program and the installation of the deflection barrier at Georgiana Slough pursuant to section 
696

4001(b)(1)–(3), as well as a progress report to develop improved 

consultation procedures pursuant to section 4004 of Public Law 

114–322. The Secretary of the Interior is directed to work with the 

Secretary of Commerce to provide to the Committees on Appropriations of both Houses of Congress, not later than September 30, 

2017, an implementation plan to execute the activities benefiting 

endangered species pursuant to section 4010(b)(2)(A) of Public Law 

114–322. At a minimum, each implementation plan shall describe 

the roles and responsibilities, including funding, of each relevant 

agency.

WATER AND RELATED RESOURCES

(INCLUDING TRANSFERS OF FUNDS)

The agreement includes $1,155,894,000 for Water and Related 

Resources.

The agreement for Water and Related Resources is shown in the 

following table: 
697
698
699
700
701
702
703
704

Central Valley Project, Friant Division, San Joaquin River Restoration.—The agreement does not include a separate account for 

this item. Funding is included in the Water and Related Resources 

account as a separate line item under the Friant Division of the 

Central Valley Project. 

Scoggins Dam, Tualatin Project, Oregon.—The agreement includes only the language in the House report. 

Additional Funding for Water and Related Resources Work.—The

agreement includes funds in addition to the budget request for 

Water and Related Resources studies, projects, and activities. Priority in allocating these funds should be given to advance and complete ongoing work, including preconstruction activities and where 

environmental compliance has been completed; improve water supply reliability; improve water deliveries; enhance national, regional, 

or local economic development; promote job growth; advance tribal 

and nontribal water settlement studies and activities; or address 

critical backlog maintenance and rehabilitation activities. Of the 

additional funding provided under the heading ‘‘Water Conservation and Delivery’’, $67,000,000 shall be for water storage projects 

as authorized in section 4007 of Public Law 114–322. Of the additional funding provided under the heading ‘‘Environmental Restoration or Compliance’’, $7,000,000 shall be for activities authorized under sections 4001 and 4010 of Public Law 114–322 or as set 

forth in federal-state plans for restoring threatened and endangered fish species affected by the operation of the Bureau of Reclamation’s water projects. Not later than 45 days after the enactment of this Act, Reclamation shall provide to the Committees on 

Appropriations of both Houses of Congress a report delineating how 

these funds are to be distributed, in which phase the work is to be 

accomplished, and an explanation of the criteria and rankings used 

to justify each allocation. 

Indian Water Rights Settlements.—The agreement includes funds 

for these activities in the Water and Related Resources account, instead of in a separate account as proposed in the budget request. 

To maintain the visibility of these projects, the agreement includes 

the three projects under the Regional Programs heading with a 

subheading called Indian Water Rights Settlements. 

Research and Development: Desalination and Water Purification 

Program.—Of the funding provided for this program, $6,000,000 

shall be for desalination projects as authorized in section 4009(a) 

of Public Law 114–322. 

WaterSMART Program.—The agreement recommends that 

grants funded under the WaterSMART Program have a near-term 

impact on water conservation and improved water management. 

Reclamation is urged to prioritize funding for projects in regions 

most stricken by drought. 

WaterSMART Program: Title XVI Water Reclamation & Reuse 

Program.—Of the funding provided for this program, $10,000,000 

shall be for water recycling and reuse projects as authorized in section 4009(c) of Public Law 114–322. 

Rural Water.—Voluntary funding in excess of legally required 

cost shares for rural water projects is acceptable, but shall not be 

used by Reclamation as a criterion for allocating additional funding 

provided in this agreement or for budgeting in future years. The 
705

agreement does not include Senate report direction regarding legislative solutions. 

CALFED Water Storage Feasibility Studies.—With the passage 

of California Proposition 1 in 2014, the California Water Commission is expected to begin allocating $2,700,000,000 for the public 

benefits of water storage projects in 2018. To ensure that the 

CALFED water supply projects are able to compete for the available State funding, Reclamation is directed to take such steps as 

are necessary to ensure that each of the authorized CALFED water 

storage feasibility studies, and associated environmental impact 

statements, are completed as soon as practicable, and that, at a 

minimum, publicly available drafts of such studies and environmental reviews are completed expeditiously in accordance with congressional direction. 

Buried Metallic Water Pipe.—The agreement only includes direction in the Policy and Administration account. 

CENTRAL VALLEY PROJECT RESTORATION FUND

The agreement provides $55,606,000 for the Central Valley 

Project Restoration Fund. 

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $36,000,000 for the California Bay-Delta 

Restoration Program. 

POLICY AND ADMINISTRATION

The agreement provides $59,000,000 for Policy and Administration. In lieu of House and Senate report direction regarding buried 

metallic water pipe, Reclamation shall continue following its temporary design guidance. 

ADMINISTRATIVE PROVISION

The agreement includes a provision limiting the Bureau of Reclamation to purchase not more than five passenger vehicles for replacement only. 

GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR

The agreement includes a provision outlining the circumstances 

under which the Bureau of Reclamation may reprogram funds. 

The agreement includes a provision regarding the San Luis Unit 

and Kesterson Reservoir in California. 

The agreement includes a provision regarding completion of certain feasibility studies. 

TITLE III—DEPARTMENT OF ENERGY 

The agreement provides $30,786,009,000 for the Department of 

Energy to fund programs in its primary mission areas of science, 

energy, environment, and national security. The agreement includes no specific funding for the cross-program partnership on 

seismic simulation. The Department is prohibited from funding fellowship and scholarship programs in fiscal year 2017 unless the 
706

programs were explicitly included in the budget justification or 

funded within this agreement. The Department shall follow the 

provisions of Public Law 114–328 in carrying out the laboratory directed research and development program. 

Five-Year Plan.—The Department is directed to submit to the 

Committees on Appropriations of both Houses of Congress not later 

than 100 days after the enactment of this Act a report on the plan 

to comply with 42 U.S.C. 7279a. 

Crosscutting Initiatives.—The Department is directed to 

prioritize funds that are provided within this agreement to support 

all the Department’s crosscutting initiatives to the maximum extent possible. The Grid Modernization Laboratory Consortium is an 

example of a crosscutting initiative. Program offices are encouraged 

to collaborate when making investment decisions about 

foundational research. 

REPROGRAMMING REQUIREMENTS

The agreement carries the Department’s reprogramming authority in statute to ensure that the Department carries out its programs consistent with congressional direction. The Department 

should, when possible, submit consolidated, cumulative notifications to the Committees on Appropriations of both Houses of Congress.

Definition.—A reprogramming includes the reallocation of funds 

from one program, project, or activity to another within an appropriation. For construction projects, a reprogramming constitutes 

the reallocation of funds from one construction project to another 

project or a change of $2,000,000 or 10 percent, whichever is less, 

in the scope of an approved project. 

ENERGY PROGRAMS 

ENERGY EFFICIENCY AND RENEWABLE ENERGY

The agreement provides $2,090,200,000 for Energy Efficiency and 

Renewable Energy (EERE). 

The Department is encouraged to facilitate training and workforce development programs that assist and support workers in 

trades and activities required for the U.S. energy efficiency and 

clean energy sectors. 

SUSTAINABLE TRANSPORTATION

Vehicle Technologies.—Within available funds, the agreement 

provides $20,000,000 for the SuperTruck II program to further improve the efficiency of heavy-duty class 8 long- and regional-haul 

vehicles and continue support of the fiscal year 2016 SuperTruck 

II awards. The Department is directed to make five awards using 

the multi-year allocation process that was used successfully by the 

SuperTruck I program. The agreement provides no direction for the 

topline funding level of the Batteries and Electric Drive Technology 

subprogram. Within available funds, the agreement provides 

$42,000,000 for advanced battery development and up to 

$7,000,000 to continue national laboratory performance testing and 

life cycle diagnostic assessment activities that validate and verify 
707

advanced battery performance. The agreement provides 

$42,500,000 for Outreach, Deployment, and Analysis. Within this 

amount, $34,000,000 is provided for Deployment through the Clean 

Cities Program and $2,500,000 is for year three of EcoCAR3. Within available funds for Fuel and Lubricant Technologies, the agreement provides up to $5,000,000 to support improving the energy efficiency of fluid power systems for commercial off-road vehicles. 

Bioenergy Technologies.—Within available funds, the agreement 

provides $20,000,000 to support the development of the Synthetic 

Biology Foundry and $30,000,000 for algal biofuels. The Department is directed to sustain the investment in development of algal 

biofuels.

Hydrogen and Fuel Cell Technologies.—Within available funds, 

the agreement provides $18,000,000 for Technology Validation, of 

which $2,000,000 is for the EERE share of the integrated energy 

systems work with the Office of Nuclear Energy. Within available 

funds, the agreement also provides $7,000,000 to enable integrated 

energy systems using high and low temperature electrolyzers with 

the intent of advancing the H2@Scale concept. 

RENEWABLE ENERGY

Solar Energy.—Within available funds, $55,000,000 is provided 

for concentrating solar power research, development, and demonstration of technologies that reduce overall system costs, better 

integrate subsystem components, develop higher-temperature receivers, and improve the design of solar collection and thermal energy storage. 

Wind Energy.—The agreement provides $40,000,000 and no further direction for the Offshore Wind Advanced Technology Demonstration Projects. Within available funds, the agreement provides 

not less than $30,000,000 for the National Wind Technology Center.

Water Power.—The Department is directed to continue competitive solicitations for a balanced portfolio of industry-led research, 

development, and deployment of ocean, river, and tidal energy conversion components and systems. Within available funds, 

$25,000,000 is provided for conventional hydropower and pumped 

storage activities, including $6,600,000 for the purposes of section 

242 of the Energy Policy Act of 2005 (Public Law 109–58). The 

agreement provides up to $3,000,000 within available funds for a 

techno-economic analysis of the value of pumped storage hydropower at two sites with high levels of intermittent renewable energy generation in the U.S. 

The agreement provides $59,000,000 for marine and hydrokinetic 

technology research, development, and deployment. Within available funds $30,000,000 is provided for design, procurement, and 

construction for the recently awarded open-water wave energy test 

facility. The agreement provides not less than $4,000,000 to support collaborations between universities, the previously designated 

Marine Renewable Energy Centers, and the National Laboratories. 

In addition, the Department is directed to continue its coordination 

with the U.S. Navy on marine energy technology demonstration. 
708

Geothermal Technologies.—The agreement provides $35,000,000 

for ongoing activities for the Frontier Observatory for Research in 

Geothermal Energy project. 

ENERGY EFFICIENCY

Advanced Manufacturing.—The agreement provides 

$150,500,000 for Advanced Manufacturing Research and Development Facilities, of which $84,000,000 is for six Clean Energy Manufacturing Innovation (CEMI) Institutes to include the establishment of one new CEMI Institute, $25,000,000 is for the Critical 

Materials Hub, $20,000,000 is for the Manufacturing Demonstration Facility, $1,500,000 is for the joint additive manufacturing 

pilot institute with the Department of Defense, and $20,000,000 is 

to establish the Energy-Water Desalination Hub. 

Building Technologies.—The agreement provides $98,400,000 for 

Emerging Technologies and $54,000,000 for Equipment and Buildings Standards. Within available funds, $25,000,000 is for solidstate lighting technology development and, if the Secretary finds 

solid-state lighting technology eligible for the Bright Tomorrow 

Lighting Prize, $5,000,000 is included in addition to funds for solidstate lighting research and development. The agreement also provides $10,000,000, within available funds, for research and development for energy efficiency efforts related to the direct use of natural gas in residential applications, including gas heat pump heating and water heating, on-site combined heat and power, and natural gas appliance venting. 

ELECTRICITY DELIVERY AND ENERGY RELIABILITY

The agreement provides $230,000,000 for Electricity Delivery and 

Energy Reliability. 

Within Smart Grid Research and Development, the agreement 

provides $15,000,000 for regional demonstrations of on-site generation and micro grids and $5,000,000 for development of advanced, 

secure, low-cost sensors that measure, analyze, predict, and control 

the future grid during steady state and under extreme conditions. 

The Department is urged to continue research in transactive controls given the increasing prevalence of distributed energy on the 

grid and the shift away from a utility-centric model, wherein the 

customer is a passive participant. 

Within Cyber Security for Energy Delivery Systems, the agreement provides $9,000,000 to continue development of the industryscale electric grid test bed and not less than $5,000,000 to develop 

cyber and cyber-physical solutions for advanced control concepts for 

distribution and municipal utility companies. The Department is 

urged to prioritize the Cybersecurity Risk Information Sharing Program, which will build on the existing public-private partnership to 

share threat information and enable utilities to identify and respond to suspicious activity on the electric grid. 

Within Transformer Resilience and Advanced Components, the 

Department is directed to support research and development on 

low-cost power flow control devices, including both solid state and 

hybrid concepts that use power electronics to control electro-
709

magnetic devices and enable improved controllability, flexibility, 

and resiliency. 

Within available funds, the Department is directed to continue 

efforts to establish one or more grid integration demonstration 

modules.

NUCLEAR ENERGY

The agreement provides $1,016,616,000 for Nuclear Energy activities.

Nuclear Energy Enabling Technologies.—The agreement provides $115,100,000 for Nuclear Energy Enabling Technologies, of which 

not less than $4,500,000 shall be to support implementation of the 

GAIN initiative. Within available funds, $27,000,000 is for Crosscutting Technology Development and $31,100,000 is for the National Science User Facilities. Within available funds for the National Science User Facilities, the Department shall continue the 

focus on irradiation testing and examinations of irradiated materials.

SMR Licensing Technical Support Program.—The agreement provides $95,000,000 for the SMR Licensing Technical Support Program. Within this amount, $60,000,000 is for the second award for 

design certification and first-of-a-kind engineering activities, 

$9,500,000 is for the second award for site characterization and 

combined construction and operating license application activities, 

and $25,100,000 is for the first award for siting permitting and 

combined construction and operating license application activities. 

The agreement funds the three existing cooperative agreements up 

to the current cost caps. 

Reactor Concepts Research and Development.—The agreement provides $40,000,000 for the Light Water Reactor Sustainability 

program to continue research and development work on the technical basis for subsequent license renewal. Within available funds, 

$92,000,000 is for Advanced Reactor Concepts, of which $3,000,000 

is for testing and development of dynamic convection technology. 

Fuel Cycle Research and Development.—The agreement provides $68,000,000 for the Advanced Fuels program, of which not less 

than $21,800,000 is to initiate Phase 2 of the industry-led, appropriately cost-shared basic research program on Accident Tolerant 

Fuels; $3,000,000 is for continuation of the previously competitively 

awarded Small Business projects to develop ceramic cladding for 

Accident Tolerant Fuels; and $15,000,000 is for additional support 

of capability development of transient testing, including test design, modeling, and simulation. Within available funds, 

$12,000,000 is for Systems Analysis and Integration, of which funding above the request is to assess advanced nuclear energy deployment scenarios. 

The agreement provides $85,000,000 for Used Nuclear Fuel Disposition, of which $62,500,000 is to continue generic research and 

development activities. Within available funds, not less than 

$14,250,000 shall be to continue research and development activities on behavior of spent fuel during storage, transportation, and 

disposal, with priority on preparation activities for testing highburnup fuel and post-irradiation examination of spent fuel rods and 

on the direct disposal of dry storage canister technologies. The 
710

agreement includes $22,500,000 for Integrated Waste Management 

System activities. Within the amounts for Used Nuclear Fuel Disposition, the agreement does not include defense funds. 

Radiological Facilities Management.—In lieu of direction included in the Senate report, the agreement includes $10,000,000 

for continued safe operation of Oak Ridge National Laboratory hot 

cells.

INL Operations and Infrastructure.—In lieu of House report di- rection, the agreement provides $10,000,000 for design and construction of the Advanced Test Reactor technical support building 

to support reactor core internal change-out, reliability improvement, and provide mock-up space for the nuclear demonstration 

platform and includes defense funds at the budget request level. 

Use of Prior-Year Balances.—The agreement includes the use of $10,000,000 in prior-year balances. 

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

The agreement provides $668,000,000 for Fossil Energy Research and Development. The agreement includes $50,000,000 to support 

a new solicitation for two large-scale pilots which focus on transformational coal technologies that represent a new way to convert 

energy to enable a step change in performance, efficiency, and the 

cost of electricity compared to today’s technologies. Such technologies include thermodynamic improvements in energy conversion and heat transfer, such as pressurized oxygen combustion and 

chemical looping, and improvements in carbon capture systems 

technology. In making the awards for large-scale pilots, the Department should prioritize entities that have previously received funding for these technologies at the lab and bench scale. 

Coal Carbon Capture and Storage (CCS) and Power Systems.— The Department is directed to use funds from Coal CCS and Power 

Systems for both coal and natural gas research and development 

as it determines to be merited, as long as such research does not 

occur at the expense of coal research and development. The agreement provides $6,000,000 to support a new solicitation for initial 

engineering, testing, and design-related work for a commercialscale, post-combustion carbon dioxide capture project on an existing 

coal-fueled generating unit. Within available funds, the Department shall provide to the Committees on Appropriations of both 

Houses of Congress an estimate of the costs required to fully retrofit such a unit. The agreement also includes funding for the Department’s National Carbon Capture Center consistent with the 

budget request. 

The agreement provides $101,000,000 for Carbon Capture and 

provides no further direction. The agreement provides $95,300,000 

for Carbon Storage, of which $28,000,000 is for Advanced Storage 

Research and Development, $10,000,000 is for Carbon Use and 

Reuse, $12,000,000 is for Carbon Sequestration Science, and 

$45,300,000 is for Storage Infrastructure. The agreement includes 

no further direction for the Storage Infrastructure subprogram. 

Within Advanced Energy Systems, the agreement provides 

$25,000,000 for Gasification Systems, of which $8,000,000 is for the 

Advanced Air Separation Program to continue activities improving 

advanced air separation technologies. Within Cross Cutting Re-
711

search, the agreement provides $20,000,000 for Coal Utilization 

Science, $21,450,000 for Plant Optimization Technologies, 

$9,800,000 for Water Management Research and Development, and 

$1,000,000 to award research grants to qualifying universities and 

institutions in the Department’s Historically Black Colleges and 

Universities and Hispanic-Serving Institutions education and training program. Within National Energy Technology Laboratory Coal 

Research and Development, the agreement provides $15,000,000 

for the Department to expand its external agency activities to develop and test commercially viable advanced separation technologies at proof-of-concept or pilot scale that can be deployed near 

term for the extraction and recovery of rare earth elements and 

minerals from U.S. coal and coal byproduct sources having the 

highest potential for success. 

Natural Gas Technologies.—The agreement rejects the Department’s approach to limit methane hydrates funding on only a fuel 

supply impact mitigation subprogram that would conduct research 

on the nature and regional context of gas hydrate deposits in the 

Gulf of Mexico, and provides, within available funds, $19,800,000 

for methane hydrates. The agreement provides $5,200,000 to continue the Risk Based 

Data Management System (RBDMS) and supports including water 

tracking in pre- and post-drilling applications where required by 

States. The Department is directed to provide these funds to integrate FracFocus and RBDMS for improved public access to State 

oil and gas related data, as well as for State regulatory agencies 

to support electronic permitting for operators, eForms for improved 

processing time for new permits, operator training from the improved FracFocus 3.0, and additional reports. The agreement provides $7,000,000 for Environmentally Prudent Development, $7,000,000 for Emissions Mitigation from Midstream 

Infrastructure, and $4,000,000 for Emissions Quantification from 

Natural Gas Infrastructure. 

Unconventional Technologies.—The agreement provides $21,000,000, for Unconventional Technologies. The Department is 

encouraged to consider the ‘‘Domestic Unconventional Fossil Energy Resource Opportunities and Technology Applications Report to 

Congress’’, which the Department submitted in September 2011, in 

allocating these funds. Within available funds, $10,000,000 is for 

two or more research awards to address issues associated with 

emerging shale plays in the U.S. The funding shall be awarded to 

either a not-for-profit or university based consortium. The consortium must be comprised of industry, academia, and stakeholder 

groups which may include NGOs. The projects shall include research studies to improve environmental, water quality, infrastructure, and societal impacts of oil and gas development in these 

emerging plays. These plays shall include unconventional or shale 

formations where there is currently less than 50,000 barrels per 

day (equivalent) production. The objective of the awards is to improve existing technologies, encourage prudent development, provide cost effective solutions, investigate utilization of captured carbon dioxide for hydraulic fracturing, and develop best practices and 

tools. While the final completion date for the crude oil characterization study has been delayed, it is expected that Tasks 2 and 3 will 
712

be completed by the end of the calendar year 2017. Task 4 is the 

final phase of the study, and the Department is directed to continue this research in partnership with the Department of Transportation to improve the safety of crude oil transported by rail in 

this country. 

NETL Infrastructure.—The agreement provides $5,500,000 for financing NETL’s Supercomputer, Joule, through a 3-year lease and 

directs the Department to prioritize funds to provide site-wide upgrades for safety and avoid an increase in deferred maintenance. 

Use of Prior-Year Balances.—The agreement includes the use of $14,000,000 in prior-year balances from the Power Plant Improvement Initiative program. 

NAVAL PETROLEUM AND OIL SHALE RESERVES

The agreement provides $14,950,000 for the operation of the 

Naval Petroleum and Oil Shale Reserves. 

STRATEGIC PETROLEUM RESERVE

The agreement provides $223,000,000 for the Strategic Petroleum Reserve. The agreement includes legislative language authorizing the Department to use all receipts from the discretionary sale 

of crude oil directed in Public Law 114–254. 

NORTHEAST HOME HEATING OIL RESERVE

The agreement provides $6,500,000 for the Northeast Home Heating Oil Reserve. The agreement includes the use of $4,000,000 

in prior-year balances. 

ENERGY INFORMATION ADMINISTRATION

The agreement provides $122,000,000 for the Energy Information Administration. Within available funds, $1,500,000 is for the creation of a National Oil and Gas Gateway that works in concert 

with State-run databases. 

NON-DEFENSE ENVIRONMENTAL CLEANUP

The agreement provides $247,000,000 for Non-Defense Environmental Cleanup. 

Small Sites.—The agreement provides $77,043,000 for Small Sites. Within this amount, $5,500,000 shall be for the Southwest 

Experimental Fast Oxide Reactor, $9,200,000 shall be for Lawrence 

Berkeley National Laboratory, $6,000,000 shall be for Oak Ridge 

activities, and $37,884,000 shall be for Moab. If the total project 

costs of any construction activities at any of the sites funded within 

Small Sites exceeds the minor construction threshold, the Department shall submit a project data sheet to the Committees on Appropriations of both Houses of Congress. 

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

The agreement provides $768,000,000 for activities funded from 

the Uranium Enrichment Decontamination and Decommissioning 

Fund.
713

SCIENCE

The agreement provides $5,392,000,000 for the Office of Science. 

The agreement includes legislative language and reprogramming 

authority for the Secretary regarding U.S. participation in the 

ITER project. The agreement provides up to $2,000,000, to be funded from across all Office of Science programs, to support the Distinguished Scientist Program, as authorized in section 5011 of Public 

Law 110–69. 

Advanced Scientific Computing Research.—Within available 

funds, the agreement provides $164,000,000 for the exascale initiative, $80,000,000 for the Argonne Leadership Computing Facility, 

$110,000,000 for the Oak Ridge Leadership Computing Facility, 

$92,145,000 for the National Energy Research Scientific Computing 

Center at Lawrence Berkeley National Laboratory, $10,000,000 for 

the Computational Sciences Graduate Fellowship program, and 

$45,000,000 for ESnet. Within available funds, the agreement provides up to $20,000,000 for meeting the challenges surrounding 

memory and storage architecture. 

Basic Energy Sciences (BES).—The following is the only direction 

provided for BES. The agreement provides $15,000,000 for the Experimental Program to Stimulate Competitive Research; 

$26,000,000 for exascale systems; $24,088,000 for the Batteries and 

Energy Storage Hub; $15,000,000 for the Fuels from Sunlight Hub; 

$42,500,000 for the Advanced Photon Source Upgrade; 

$494,059,000 for optimal operations of the five BES light sources, 

of which $5,000,000 is for the Advanced Light Source Upgrade; and 

$266,000,000 for the High-Flux Neutron Sources, of which 

$200,000,000 is for the Spallation Neutron Source, $65,000,000 is 

for the High-Flux Isotope Reactor, and $1,000,000 is for the Lujan 

Neutron Scattering Center. The agreement provides the requested 

level of funding for the Nanoscale Science Research Centers. 

Biological and Environmental Research (BER).—Within available 

funds, the agreement provides $75,000,000 for the three BioEnergy 

Research Centers and $10,000,000 for exascale computing. The Department is urged to give priority to optimizing the operation of 

BER user facilities. 

Fusion Energy Sciences.—The agreement provides $212,027,000 

for burning plasma science foundations, $41,569,000 for burning 

plasma science long pulse, and $76,404,000 for discovery plasma 

science. Within available funds, the agreement provides not less 

than $74,090,000 for the National Spherical Torus Experiment and 

not less than $87,100,000 for DIII–D. The Department is directed 

to hold additional workshops and submit not later than 180 days 

after enactment of this Act to the Committees on Appropriations of 

both Houses of Congress a report summarizing the fusion energy 

science community’s continued efforts hosting workshops to advance and plan for the long term vision of the fusion energy 

sciences field. 

High Energy Physics.—The following is the only direction provided for High Energy Physics. Within available funds, the agreement provides $15,220,000 for PIP–II, $45,000,000 for the Large 

Synoptic Survey Telescope Camera, $12,000,000 for DESI, and 

$12,500,000 for LUX ZEPLIN. 
714

Nuclear Physics.—Within available funds, the Department is encouraged to fund optimal operations for the Relativistic Heavy Ion 

Collider at Brookhaven National Laboratory. 

Science Laboratories Infrastructure.—The Office of Science is directed to work with the Office of Nuclear Energy in future budget 

requests to demonstrate a commitment to operations and maintenance of nuclear facilities at Oak Ridge National Laboratory that 

support multiple critical missions. 

ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

The agreement provides $306,000,000 for the Advanced Research 

Projects Agency—Energy. 

Title 17—Innovative Technology Loan Guarantee Program 

The agreement provides $37,000,000 for administrative expenses 

for the Title 17 Innovative Technology Loan Guarantee Program. 

This amount is offset by estimated revenues of $30,000,000, resulting in a net appropriation of $7,000,000. 

The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 45 days 

after enactment of this Act a report that includes a list of each conditional commitment the Department has offered as of the date of 

enactment of this Act and a status of each project listed. 

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN

PROGRAM

The agreement provides $5,000,000 for the Advanced Technology 

Vehicles Manufacturing Loan Program. 

TRIBAL ENERGY LOAN GUARANTEE PROGRAM

(INCLUDING RESCISSION OF FUNDS)

The agreement provides $9,000,000 for the Tribal Energy Loan 

Guarantee Program. Within the funds, $8,500,000 shall be for the 

credit subsidy cost and $500,000 for administrative expenses. The 

loan guarantees shall support the development or expansion of generation projects which employ commercially proven and available 

renewable energy technologies. 

DEPARTMENTAL ADMINISTRATION

The agreement provides $143,000,000 for Departmental Administration.

Control Points.—In lieu of House and Senate direction on control 

points, the agreement includes six reprogramming control points in 

this account to provide flexibility in the management of support 

functions. The Other Departmental activity includes Management, 

Project Management Oversight and Assessments, Chief Human 

Capital Officer, Office of Technology Transitions, Office of Small 

and Disadvantaged Business Utilization, General Counsel, Energy 

Policy and Systems Analysis, International Affairs, and Public Affairs. The Department is directed to continue to submit a budget 
715

request that proposes a separate funding level for each of these activities.

Office of Energy Jobs Development.—The agreement rejects the 

request to consolidate and expand the collection of energy jobs 

data. However, to the extent the Department was collecting data 

and coordinating with other entities related to energy job data, the 

Department may continue those activities to the extent and in the 

manner they were funded in fiscal year 2016. 

Cybersecurity.—Within the amounts provided for the Chief Information Officer, the agreement provides not less than $21,006,000 

for Cybersecurity. 

In lieu of Senate direction, the Department is directed to provide 

a quarterly report to the Committees on Appropriations of both 

Houses of Congress on the status of projects approved under 42 

U.S.C. 16421, with the first such report to be provided 30 days 

after the enactment of this Act. 

OFFICE OF THE INSPECTOR GENERAL

The agreement provides $44,424,000 for the Office of the Inspector General. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION 

The agreement provides $12,938,252,000 for the National Nuclear Security Administration (NNSA). 

WEAPONS ACTIVITIES

(INCLUDING RESCISSIONS OF FUNDS)

The agreement provides $9,318,093,000 for Weapons Activities. 

The agreement rescinds $8,400,000 as proposed in an amendment 

to the fiscal year 2017 budget request to offset the costs to resolve 

New Mexico Environment Department claims against the Department of Energy, including associated activities at Los Alamos National Laboratory. In addition, the agreement rescinds $64,126,000 

in prior-year balances that were not available to the NNSA because 

they were placed in a Category C apportionment by the Office of 

Management and Budget. 

Integrated Surety Solutions for Transportation.—The agreement 

fully funds the budget request for an Integrated Surety Solutions 

for Transportation program and does not include a requirement in 

the House report regarding future budget requests for this program.

Enhanced Capabilities for Subcritical Experiments (ESCE).—The

agreement includes funding for new radiographic capabilities at 

U1A as part of the ESCE project within the Science program and 

Infrastructure and Operations as requested. If additional funding 

is sought for these activities in future budget requests, the NNSA 

is directed to consolidate its request within the Science program 

and submit a single project data sheet that combines the total cost 

of all equipment and infrastructure investments needed for this 

new experimental capability. 
716

Life Extension Program Reporting.—The NNSA is directed to 

provide to the Committees on Appropriations of both Houses of 

Congress a classified summary of each ongoing life extension and 

major refurbishment program that includes explanatory information on the progress and planning for each program beginning with 

the award of the phase 6.3 milestone and annually thereafter until 

completion of the program. 

Weapons Dismantlement and Disposition.—The agreement provides $56,000,000 for weapons dismantlement and disposition activities. The dismantlement of nuclear warheads is an important 

work-leveling activity in the management of the nuclear weapons 

stockpile and plays a critical role in preparing workers for future 

warhead life extension program production efforts scheduled to 

begin in 2020. It is also essential to extending the life of the nuclear weapons stockpile by enabling the reuse of components and 

recycling of strategic materials. 

Science.—The agreement provides $436,500,000 for the Science 

program. Within Advanced Certification, the agreement includes 

additional funding above the budget request to support establishment of a stockpile responsiveness program. The agreement provides $49,800,000 for Academic Alliances and Partnerships, of 

which $18,959,000 is for the Minority Serving Institution Partnerships Program (MSIPP), including the Tribal College Initiative. 

The NNSA is directed to account for MSIPP funds within Academic 

Alliances and Partnerships in its budget request and to clearly 

specify the source of funding for any other academic programs 

within the NNSA’s budget request, including those that contribute 

to the Integrated University Program. 

Inertial Confinement Fusion and High Yield.—The agreement 

provides $522,959,000 for the Inertial Confinement Fusion and 

High Yield program. Within this amount, $330,000,000 shall be for 

the National Ignition Facility, $68,000,000 shall be for OMEGA, 

and $8,500,000 shall be for the Naval Research Laboratory. 

Advanced Simulation and Computing.—The agreement provides 

$663,184,000 for the Advanced Simulation and Computing program. Within this amount, $95,000,000 is for the exascale initiative. The Department is directed to provide to the Committees on 

Appropriations of both Houses of Congress not later than 90 days 

after enactment of this Act a report that differentiates the roles 

and responsibilities of the NNSA and the Office of Science for carrying out the exascale computing initiative and describes how those 

respective roles and responsibilities are complementary and not duplicative.

Infrastructure and Operations.—The agreement provides 

$324,000,000 for Maintenance and Repair of Facilities and 

$743,148,000 for Recapitalization projects. The agreement provides 

funds above the budget request to address the NNSA’s high-risk 

excess facilities and its significant backlog of deferred facility maintenance. The agreement does not include direction in the House report regarding a new funding line for facility disposition and provides $200,000,000 for the disposition of the Kansas City Plant’s 

Bannister Road Federal Complex within the Recapitalization program.
717

Uranium Processing Facility.—The agreement includes 

$575,000,000 for the Uranium Processing Facility project. The 

NNSA is directed to provide the plan for reviewing critical decision2 to the Committees on Appropriations of both Houses of Congress 

not later than June 15, 2017. In lieu of language in the House report, the Project Management Risk Committee is directed to provide to the Committees on Appropriations of both Houses of Congress not later than September 30, 2017, a briefing that describes 

the readiness of the UPF project to commence major construction 

activities, including an evaluation of the maturity of the safety 

basis for the project. 

DEFENSE NUCLEAR NONPROLIFERATION

(INCLUDING RESCISSION OF FUNDS)

The agreement provides $1,902,000,000 for Defense Nuclear Nonproliferation. The agreement rescinds $19,128,000 in prior-year balances that were not available to the NNSA because they were 

placed in a Category C apportionment by the Office of Management 

and Budget. 

Conversion.—The agreement includes $75,615,000 for the Conversion program, including the full amount requested for research 

and development activities for domestic Mo–99 production. The 

NNSA is encouraged to competitively award new cooperative agreements that are funded up to the full amount of the 50/50 government/industry cost share authorized by the American Medical Isotopes Production Act and to consider the needs of green field 

projects that do not rely on highly enriched uranium. 

Material Disposition.—The agreement provides $143,833,000 for 

Material Disposition, of which $1,000,000 is for the Uranium Lease 

and Takeback Program. The NNSA may use up to $15,000,000 to 

advance planning, to resolve regulatory and other issues, and to 

complete conceptual design activities for the dilute and dispose alternative to the Mixed Oxide (MOX) Fuel Fabrication Facility. 

Defense Nuclear Nonproliferation Research and Development 

(DNN R&D).—The agreement provides $469,750,000 for DNN 

R&D, of which $52,744,000 is to develop new fuels for U.S. high 

performance research reactors. The NNSA is directed to provide to 

the Committees on Appropriations of both Houses of Congress not 

later than 180 days after the enactment of this Act a long-term 

roadmap that describes the timeline, milestones, costs, and technology off-ramps to develop low-enriched uranium fuels for high 

performance research reactors. The roadmap shall incorporate regular independent technical and programmatic evaluations, as recommended by the National Academies. 

Mixed Oxide Fuel Fabrication Facility project, Savannah River.—

The agreement provides $335,000,000 for the MOX Fuel Fabrication Facility project. Funds shall be available only for construction 

and for project support activities. 

Nuclear Counterterrorism Incident Response.—The agreement 

does not include a restriction in the Senate report regarding the 

award of blanket purchase agreements. 
718

NAVAL REACTORS

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

The agreement provides $1,420,120,000 for Naval Reactors. The 

agreement includes a provision to transfer $75,100,000 to Nuclear 

Energy for operation and maintenance of the Advanced Test Reactor. In addition, the agreement rescinds $307,000 in prior-year balances that were not available to the NNSA because they were 

placed in a Category C apportionment by the Office of Management 

and Budget. 

FEDERAL SALARIES AND EXPENSES

The agreement provides $390,000,000 for the federal salaries and 

expenses of the Office of the NNSA Administrator. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE ENVIRONMENTAL CLEANUP

The agreement provides $5,405,000,000 for Defense Environmental Cleanup. Within these funds, the Department is directed to 

fund hazardous waste worker training at $10,000,000. 

Budget Structure Changes.—The agreement rejects the request 

for a separate Infrastructure Recapitalization budget line. The Department is directed to include funding for these activities in the 

appropriate site budget requests. The Department is specifically 

prohibited from requesting any changes to the budget structure 

provided in this Act unless the Department has obtained agreement in advance from the Committees on Appropriations of both 

Houses of Congress. 

Project Planning.—In lieu of House language restricting funding 

for the Low Activity Waste Pretreatment System, the Department 

shall update the project data sheets of all Environmental Management projects in its fiscal year 2018 budget request to include all 

scheduled milestones and full multi-year funding plans to ensure 

that the five-year budget plans that are required to be submitted 

by statute are clearly presented for all projects, not just for the 

projects for which the Department has established a performance 

baseline.

Richland.—The agreement provides $24,701,000 for Richland 

Community and Regulatory Support, $5,000,000 above fiscal year 

2016. The amount provided for Richland Community and Regulatory Support includes the full amount permitted for Payments in 

Lieu of Taxes in fiscal year 2017. 

Savannah River Site.—The agreement provides $1,233,429,000 

for the Savannah River Site. Within funds for Site Risk Management, the agreement includes $3,000,000 to support the disposition 

of spent fuel from the High Flux Isotope Reactor. The unique facilities at the Savannah River Site provide vital capabilities to our national security programs. The Department is directed to provide to 

the Committees on Appropriations of both Houses of Congress not 

later than June 30, 2017, a briefing on its long-term vision for 

sustainment of the site. 
719

Technology Development and Deployment.—The agreement provides $25,025,000 for Technology Development and Deployment. 

Within this amount, $4,000,000 is for the National Spent Fuel Program at Idaho National Laboratory and $3,500,000 is to work on 

qualification, testing and research to advance the state of the art 

of containment ventilation systems through cooperative university 

affiliated research activities. The Department is directed to submit 

to the Committees on Appropriations of both Houses of Congress 

a report outlining its plans for cleanup technology development and 

demonstration, as directed in the Senate report. 

DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND

DECOMMISSIONING

(INCLUDING TRANSFER OF FUNDS)

The agreement provides $563,000,000 for Defense Uranium Enrichment Decontamination and Decommissioning. Funds provide 

for a federal contribution into the Uranium Decontamination and 

Decommissioning Fund. 

OTHER DEFENSE ACTIVITIES

The agreement provides $784,000,000 for Other Defense Activities. Within funds for Environment, Health, Safety and Security, 

not less than $500,000 is for the Epidemiologic Study of One Million U.S. Radiation Workers and Veterans and not less than 

$39,071,000 is for headquarters security operations. Beginning in 

fiscal year 2018, the Department is directed to ensure that funding 

for security clearances of headquarters personnel is requested within funding of the responsible program office. 

POWER MARKETING ADMINISTRATIONS 

BONNEVILLE POWER ADMINISTRATION FUND

The agreement provides no appropriation for the Bonneville 

Power Administration, which derives its funding from revenues deposited into the Bonneville Power Administration Fund. 

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

The agreement provides a net appropriation of $0 for the Southeastern Power Administration. The agreement includes the use of 

$5,000,000 in prior-year balances. 

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

The agreement provides a net appropriation of $11,057,000 for 

the Southwestern Power Administration. 
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CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,

WESTERN AREA POWER ADMINISTRATION

The agreement provides a net appropriation of $95,581,000 for 

the Western Area Power Administration. The agreement includes 

the use of $34,000,000 in prior-year balances. 

The Western Area Power Administration is directed to provide to 

the Committees on Appropriations of both Houses of Congress, not 

later than 60 days after the enactment of this Act, a report examining the use of a termination clause, described in section 11 of the 

general power contract provisions of the Western Area Power Administration effective September 1, 2007, in any power contracts 

that were executed before or on the date of enactment of this Act. 

The report shall also explain the circumstances for not including 

the termination clause provision in power contracts executed before 

or on the date of enactment of this Act. 

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

The agreement provides a net appropriation of $232,000 for the 

Falcon and Amistad Operating and Maintenance Fund. The agreement includes legislative language authorizing the acceptance and 

use of contributed funds in fiscal year 2017 for operating, maintaining, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at the Falcon and Amistad Dams. 

Concerns persist that additional infrastructure investments are 

necessary at the Falcon and Amistad dams, yet nothing is included 

in the budget request. Western is directed to coordinate with the 

International Boundary and Water Commission to determine a 

plan for addressing any needed improvements. 

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

The agreement provides $346,800,000 for the Federal Energy 

Regulatory Commission (FERC). Revenues for FERC are set to an 

amount equal to the budget authority, resulting in a net appropriation of $0. 

FERC is directed to provide to the Committees on Appropriations 

of both Houses of Congress monthly notification of approvals of licensing applications for interstate natural gas pipelines; nonfederal 

hydropower projects; and pipeline, storage, and facility construction 

for the export of liquefied natural gas. 

GENERAL PROVISIONS—DEPARTMENT OF ENERGY 

(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

The agreement includes a provision prohibiting the use of funds 

provided in this title to initiate requests for proposals, other solicitations, or arrangements for new programs or activities that have 

not yet been approved and funded by the Congress; requires notification or a report for certain funding actions; prohibits funds to be 

used for certain multi-year ‘‘Energy Programs’’ activities without 

notification; and prohibits the obligation or expenditure of funds 
721

provided in this title through a reprogramming of funds except in 

certain circumstances. 

The agreement includes a provision authorizing intelligence activities of the Department of Energy for purposes of section 504 of 

the National Security Act of 1947. 

The agreement includes a provision prohibiting the use of funds 

in this title for capital construction of high hazard nuclear facilities, unless certain independent oversight is conducted. 

The agreement includes a provision prohibiting the use of funds 

provided in this title to approve critical decision-2 or critical decision-3 for certain construction projects, unless a separate independent cost estimate has been developed for that critical decision. 

The agreement includes a provision prohibiting funds in the Defense Nuclear Nonproliferation account for certain activities and 

assistance in the Russian Federation. 

The agreement includes a provision regarding management of 

the Strategic Petroleum Reserve. 

The agreement includes a provision rescinding prior-year unobligated funds that are in excess of five years old and additional unobligated funds from fiscal year 2016 and prior, as described in the 

following table: 
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723

The agreement includes a provision rescinding prior-year unobligated funds from clean coal power initiative projects. 

The agreement includes a provision that allows funding to be allocated to certain project and engineering and design activities. 
724
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726
727
728
729
730
731
732
733
734
735
736
737
738
739

TITLE IV—INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

The agreement provides $152,000,000 for the Appalachian Regional Commission (ARC). To diversify and enhance regional business development, $10,000,000 is provided to continue the program 

of high-speed broadband deployment in distressed counties within 

the Central Appalachian region that have been most negatively impacted by the downturn in the coal industry. This funding shall be 

in addition to the 30 percent directed to distressed counties. 

Within available funds, $70,000,000 is provided for base funds 

and $50,000,000 is for the POWER Plus Plan. 

Within available funds, $16,000,000 is provided for a program of 

industrial site and workforce development in Southern and South 

Central Appalachia, focused primarily on the automotive supplier 

sector and the aviation sector. Up to $13,500,000 of that amount 

is provided for activities in Southern Appalachia. The funds shall 

be distributed according to ARC’s Distressed Counties Formula, 

which comprises land area, population estimates, and a proportion 

of the number of distressed counties. 

In addition, the agreement provides $6,000,000 for a program of 

basic infrastructure improvements in distressed counties in Central 

Appalachia. Funds shall be distributed according to ARC’s Distressed Counties Formula and shall be in addition to the regular 

allocation to distressed counties. 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

The agreement provides $30,872,000 for the Defense Nuclear Facilities Safety Board. 

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

The agreement provides $25,000,000 for the Delta Regional Authority (DRA). The agreement includes a waiver of DRA’s 5 percent 

administration cap. However, DRA is encouraged to prioritize and 

allocate funding consistent with its authorized purposes and prevent administrative expenses from exceeding 5 percent of the appropriated amount. 

DENALI COMMISSION

The agreement provides $15,000,000 for the Denali Commission. 

The agreement includes a provision regarding cost share payments. 

NORTHERN BORDER REGIONAL COMMISSION

The agreement provides $10,000,000 for the Northern Border Regional Commission. 
740

SOUTHEAST CRESCENT REGIONAL COMMISSION

The agreement provides $250,000 for the Southeast Crescent Regional Commission. 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

The Commission’s mission is to ensure the safety and security of 

the nation’s use of nuclear power and nuclear materials and protect 

the workers and public who use and benefit from these materials 

and facilities. The agreement provides $905,000,000 for Nuclear 

Regulatory Commission (Commission) salaries and expenses. This 

amount is offset by estimated revenues of $794,580,000, resulting 

in a net appropriation of $110,420,000. The agreement reflects additional savings identified by the Commission as part of its rebaselining efforts. The agreement does not include the savings from the 

rebaselining proposal to reduce resources devoted to maintaining 

expertise in deep geological repository analysis. The Commission 

shall apply these rebaselining savings in a manner that continues 

to ensure the protection of public health and safety and maintain 

the effectiveness of the current inspection program. The agreement 

includes $5,000,000 for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies, 

which are not subject to the Commission’s general fee recovery collection requirements. The agreement also directs the use of 

$23,000,000 in prior-year unobligated balances. 

The agreement includes the following direction in lieu of all direction included in the House and Senate reports: 

Nuclear Reactor Safety.—The agreement includes $462,300,000 

for Nuclear Reactor Safety. This control point includes the Commission’s Operating Reactors and New Reactors business lines. 

Integrated University Program.—The agreement includes 

$15,000,000 for the Integrated University Program. Of this 

amount, $5,000,000 is to be used for grants to support projects that 

do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering. 

Nuclear Materials and Waste Safety.—The agreement includes 

$113,700,000 for Nuclear Materials and Waste Safety. Included 

within this control point are the Fuel Facilities, Nuclear Material 

Users, and Spent Fuel Storage and Transportation business lines. 

Decommissioning and Low-Level Waste.—The agreement includes 

$27,200,000 for Decommissioning and Low-Level Waste. 

Corporate Support.—The agreement includes $309,800,000 for 

Corporate Support. The agreement provides, within available 

funds, not more than $7,500,000 for the salaries, travel, and other 

support costs for the Office of the Commission. These salaries and 

expenses shall include only salaries and benefit and travel costs, 

and are not to include general, administrative, or infrastructure 

costs. The use and expenditure of these funds shall be jointly managed through majority vote of the Commission. The Commission 

shall continue to include a breakout and explanation of the Commission salaries and expenses in its annual budget requests. If the 

Commission wishes to change the composition of the funds in fu-
741

ture years, it must do so in an annual budget request or through 

a reprogramming. 

Budget Execution Plan.—The Commission shall provide a specific 

budget execution plan to the Committees on Appropriations of both 

Houses of Congress no later than 30 days after the enactment of 

this Act. The plan shall include details at the product line level 

within each of the control points. 

Budget Realignment.—The Commission shall execute appropriations consistent with the realignment of overhead activities as proposed in the budget request, without deviation, except as authorized under section 402 of the bill. Any additional realignments 

shall be proposed in future budget requests after consultation with 

the Committees on Appropriations of both Houses of Congress. 

Rulemaking.—The Commission shall submit to the Committees 

on Appropriations of both Houses of Congress a report by August 

1, 2017, on how the rulemaking process will adhere to the backfit 

rule and on the roles of the Advisory Committee on Reactor Safety 

and the Committee to Review Generic Requirements. The Commission is further directed to list all rulemaking activities planned, to 

include their priority and schedule, in the annual budget request 

and the semi-annual report to Congress on licensing and regulatory 

activities.

Reporting.—The agreement directs the Commission to submit the 

following reports: 

• by June 1, 2017, a report on the Commission’s progress to 

be fully prepared to effectively and efficiently review any subsequent license renewal applications by mid-2017; and 

• a quarterly report on licensing goals and right-sizing commitments as described in the explanatory statement for P.L. 

114–113.

Digital Accountability and Transparency Act.—The agreement 

provides $543,000 to meet the requirements of the Digital Accountability and Transparency Act of 2014. 

OFFICE OF INSPECTOR GENERAL

The agreement includes $12,129,000 for the Office of Inspector 

General in the Nuclear Regulatory Commission. This amount is offset by revenues of $10,044,000, for a net appropriation of 

$2,085,000.

The agreement includes $969,000 to provide Inspector General 

services for the Defense Nuclear Facilities Safety Board. 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

The agreement provides $3,600,000 for the Nuclear Waste Technical Review Board. 

GENERAL PROVISIONS—INDEPENDENT AGENCIES 

The agreement includes a provision instructing the Nuclear Regulatory Commission on responding to congressional requests for information.

The agreement includes a provision relating to reprogramming. 
742

TITLE V—GENERAL PROVISIONS 

The agreement includes a provision relating to lobbying restrictions.

The agreement includes a provision relating to transfer authority. No additional transfer authority is implied or conveyed by this 

provision. For the purposes of this provision, the term ‘‘transfer’’ 

shall mean the shifting of all or part of the budget authority in one 

account to another. In addition to transfers provided in this Act or 

other appropriations Acts, and existing authorities, such as the 

Economy Act (31 U.S.C. 1535), by which one part of the United 

States Government may provide goods or services to another part, 

the Act allows transfers using Section d5335 of the Atomic Energy 

Defense Act (50 U.S.C. 2745) and 15 U.S.C. 638 regarding SBIR/ 

STTR.

The agreement includes a provision prohibiting funds to be used 

in contravention of the executive order entitled ‘‘Federal Actions to 

Address Environmental Justice in Minority Populations and LowIncome Populations.’’ 

The agreement includes a provision prohibiting the use of funds 

to establish or maintain a computer network unless such network 

blocks the viewing, downloading, and exchanging of pornography, 

except for law enforcement investigation, prosecution, or adjudication activities. 
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745
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748
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(753)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION E—FINANCIAL SERVICES AND 

GENERAL GOVERNMENT APPROPRIATIONS 

ACT, 2017 

(755)

DIVISION E—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2017 

TITLE I 

DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Freedman’s 

Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance 

policies for, real properties leased or owned overseas, when necessary for the performance of official business; executive direction 

program activities; international affairs and economic policy activities; domestic finance and tax policy activities, including technical 

assistance to Puerto Rico; and Treasury-wide management policies 

and programs activities, $224,376,000: Provided, That of the 

amount appropriated under this heading— (1) not to exceed $350,000 is for official reception and representation expenses; (2) not to exceed $258,000 is for unforeseen emergencies of 

a confidential nature to be allocated and expended under the 

direction of the Secretary of the Treasury and to be accounted 

for solely on the Secretary’s certificate; and (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 
756

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. 

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 

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, Tour-
757

ist 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. 

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. 
758

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.).

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— 
759

(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 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 
760

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.

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 revenue 

laws and other financial crimes, to purchase and hire passenger 

motor vehicles (31 U.S.C. 1343(b)), and to provide other services as 

authorized by 5 U.S.C. 3109, at such rates as may be determined 

by the Commissioner, $4,860,000,000, of which not to exceed 

$50,000,000 shall remain available until September 30, 2018, and 

of which not less than $60,257,000 shall be for the Interagency 

Crime and Drug Enforcement program. 

OPERATIONS SUPPORT

For necessary expenses of the Internal Revenue Service to support taxpayer services and enforcement programs, including rent 

payments; facilities services; printing; postage; physical security; 

headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information 

technology development, enhancement, operations, maintenance, 

and security; the hire of passenger motor vehicles (31 U.S.C. 

1343(b)); the operations of the Internal Revenue Service Oversight 
761

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

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 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: 
762

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/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 
763

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 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: Pro-
764

vided, 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: 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 Departmentwide 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 
765

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; 

(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). 
766

This title may be cited as the ‘‘Department of the Treasury Appropriations Act, 2017’’. 

TITLE II 

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 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 
767

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. 

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration, including 

services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire 

of passenger motor vehicles, $96,116,000, of which not to exceed 

$12,760,000 shall remain available until expended for continued 
768

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 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 appro-
769

priate authorizing and appropriating committees within 15 days 

after the end of the Office of Management and Budget review period based on the notification from the Director, Congress shall assume Office of Management and Budget concurrence with the report and act accordingly. 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control 

Policy; for research activities pursuant to the Office of National 

Drug Control Policy Reauthorization Act of 2006 (Public Law 109– 

469); not to exceed $10,000 for official reception and representation 

expenses; and for participation in joint projects or in the provision 

of services on matters of mutual interest with nonprofit, research, 

or public organizations or agencies, with or without reimbursement, $19,274,000: Provided, That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, 

public and private, without fiscal year limitation, for the purpose 

of aiding or facilitating the work of the Office. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For 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 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: Pro-
770

vided further, That upon a determination that all or part of the 

funds so transferred from this appropriation are not necessary for 

the purposes provided herein and upon notification to the Committees on Appropriations of the House of Representatives and the 

Senate, such amounts may be transferred back to this appropriation.

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For other drug control activities authorized by the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 

109–469), $111,871,000, to remain available until expended, which 

shall be available as follows: $97,000,000 for the Drug-Free Communities Program, of which $2,000,000 shall be made available as 

directed by section 4 of Public Law 107–82, as amended by Public 

Law 109–469 (21 U.S.C. 1521 note); $2,000,000 for drug court 

training and technical assistance; $9,500,000 for anti-doping activities; $2,121,000 for the United States membership dues to the 

World Anti-Doping Agency; and $1,250,000 shall be made available 

as directed by section 1105 of Public Law 109–469; and an additional $3,000,000, to remain available until expended, shall be for 

activities authorized by section 103 of Public Law 114–198: Provided, That amounts made available under this heading may be 

transferred to other Federal departments and agencies to carry out 

such activities. 

UNANTICIPATED NEEDS

For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal 

year, as authorized by 3 U.S.C. 108, $800,000, to remain available 

until September 30, 2018. 

INFORMATION TECHNOLOGY OVERSIGHT AND REFORM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the 

Federal Government, $27,000,000, to remain available until expended: Provided, That the Director of the Office of Management 

and Budget may transfer these funds to one or more other agencies 

to carry out projects to meet these purposes. 

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide 

assistance to the President in connection with specially assigned 

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

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. 
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OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the 

extent not otherwise provided for, heating and lighting, including 

electric power and fixtures, of the official residence of the Vice 

President; the hire of passenger motor vehicles; and not to exceed 

$90,000 pursuant to 3 U.S.C. 106(b)(2), $299,000: Provided, That 

advances, repayments, or transfers from this appropriation may be 

made to any department or agency for expenses of carrying out 

such activities. 

ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE

PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. From funds made available in this Act under the headings ‘‘The White House’’, ‘‘Executive Residence at the White 

House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council and Homeland Security Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the 

President’’, and ‘‘Official Residence of the Vice President’’, the Director of the Office of Management and Budget (or such other officer as the President may designate in writing), may, with advance 

approval of the Committees on Appropriations of the House of Representatives and the Senate, transfer not to exceed 10 percent of 

any such appropriation to any other such appropriation, to be 

merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided, That the 

amount of an appropriation shall not be increased by more than 50 

percent by such transfers: Provided further, That no amount shall 

be transferred from ‘‘Special Assistance to the President’’ or ‘‘Official Residence of the Vice President’’ without the approval of the 

Vice President. 

SEC. 202. Within 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 

(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— 
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(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-fiscal-year 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 

THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court, 

as required by law, excluding care of the building and grounds, including hire of passenger motor vehicles as authorized by 31 U.S.C. 

1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $76,668,000, of which 

$1,500,000 shall remain available until expended. 

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and 

associate justices of the court. 

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and 6112, $14,868,000, to remain available 

until expended. 
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UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of officers and employees, and for necessary ex- penses of the court, as authorized by law, $30,108,000. 

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and 

judges of the court. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

For salaries of officers and employees of the court, services, and necessary expenses of the court, as authorized by law, $18,462,000. 

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and 

judges of the court. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of judges of the United States Court of Federal 

Claims, magistrate judges, and all other officers and employees of 

the Federal Judiciary not otherwise specifically provided for, necessary expenses of the courts, and the purchase, rental, repair, and 

cleaning of uniforms for Probation and Pretrial Services Office 

staff, as authorized by law, $4,996,445,000 (including the purchase 

of firearms and ammunition); of which not to exceed $27,817,000 

shall remain available until expended for space alteration projects 

and for furniture and furnishings related to new space alteration 

and construction projects. 

In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district 

judges (including judges of the territorial courts of the United 

States), bankruptcy judges, and justices and judges retired from office or from regular active service. 

In addition, for expenses of the United States Court of Federal 

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed 

$6,510,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

DEFENDER SERVICES

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to 

represent persons under 18 U.S.C. 3006A and 3599, and for the 

compensation and reimbursement of expenses of persons furnishing 

investigative, expert, and other services for such representations as 

authorized by law; the compensation (in accordance with 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 
774

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.
775

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $28,335,000; of which $1,800,000 shall 

remain available through September 30, 2018, to provide education 

and training to Federal court personnel; and of which not to exceed 

$1,500 is authorized for official reception and representation expenses.

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $18,100,000, of 

which not to exceed $1,000 is authorized for official reception and 

representation expenses. 

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

(INCLUDING TRANSFER OF FUNDS)

SEC. 301. Appropriations and authorizations made in this title 

which are available for salaries and expenses shall be available for 

services as authorized by 5 U.S.C. 3109. 

SEC. 302. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Judiciary in this Act 

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other 

Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners’’, shall be increased by more than 10 percent by any 

such transfers: Provided, That any transfer pursuant to this section 

shall be treated as a reprogramming of funds under sections 604 

and 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in section 608. 

SEC. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for ‘‘Courts of Appeals, District 

Courts, and Other Judicial Services’’ shall be available for official 

reception and representation expenses of the Judicial Conference of 

the United States: Provided, That such available funds shall not 

exceed $11,000 and shall be administered by the Director of the 

Administrative Office of the United States Courts in the capacity 

as Secretary of the Judicial Conference. 

SEC. 304. Section 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 Depart-
776

ment of Homeland Security to provide, except for the services specified in 40 U.S.C. 1315(b)(2)(E). For building-specific security services 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—
777

‘‘(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.’’.

(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 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition 

support, $40,000,000, to remain available until expended: Provided, That such funds, including any interest accrued thereon, may be 

used on behalf of eligible District of Columbia residents to pay an 

amount based upon the difference between in-State and out-ofState 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 
778

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.

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. 

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. 
779

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 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

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. 
780

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER

SERVICE

For salaries and expenses, including the transfer and hire of 

motor vehicles, of the District of Columbia Public Defender Service, 

as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $41,829,000: Provided, That 

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.

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 LongTerm 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 
781

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 rate 

set forth under such heading, as included in D.C. Bill 21–668, as 

amended as of the date of the enactment of this Act: Provided,

That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act 

(section 1–204.50a, D.C. Official Code), sections 816 and 817 of the 

Financial Services and General Government Appropriations Act, 

2009 (secs. 47–369.01 and 47–369.02, D.C. Official Code), and provisions of this Act, the total amount appropriated in this Act for 

operating expenses for the District of Columbia for fiscal year 2017 

under this heading shall not exceed the estimates included in D.C. 

Bill 21–668, as amended as of the date of the enactment of this 

Act, or the sum of the total revenues of the District of Columbia 

for such fiscal year: Provided further, That the amount appropriated may be increased by proceeds of one-time transactions, 

which are expended for emergency or unanticipated operating or 

capital needs: Provided further, 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 re-
782

main 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 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 noyear 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— 
783

(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; 

(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 re-
784

ceived during fiscal year 2017 so as to result in a final fiscal year 

2017 appropriation estimated at $0: Provided further, That any off- setting 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. 

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. 

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 includ-
785

ing 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. 

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). 
786

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 

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 Consoli- dation, $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 
787

(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 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 
788

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. 

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 
789

heading for Office of the Administrator may be transferred to the 

appropriation for the Real and Personal Property Management and 

Disposal upon notification to the Committees on Appropriations of 

the House of Representatives and the Senate, but the appropriation 

for the Real and Personal Property Management and Disposal may 

not be increased by more than 5 percent by any such transfer. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C. 3109, $65,000,000: Provided, That 

not to exceed $50,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided further, That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of 

efforts and initiatives resulting in enhanced Office of Inspector 

General effectiveness. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

For carrying out the provisions of the Act of August 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, $3,865,000. 

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 
790

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 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 en-
791

sure 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. 

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. 
792

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. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration of 

the National Archives and Records Administration and archived 

Federal records and related activities, as provided by law, and for 

expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, 

the operations and maintenance of the electronic records archives, 

the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including 

maintenance, repairs, and cleaning, $380,634,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 

2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the Inspector General Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor vehicles, $4,801,000. 

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, 

and to provide adequate storage for holdings, $7,500,000, to remain 

available until expended. 
793

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.

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office of 

Personnel Management (OPM) pursuant to Reorganization Plan 

Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; 

rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for 

official reception and representation expenses; advances for reimbursements to applicable funds of OPM and the Federal Bureau of 

Investigation for expenses incurred under Executive Order No. 

10422 of January 9, 1953, as amended; and payment of per diem 

or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post 

of duty, $119,000,000: Provided, That of the total amount made 

available under this heading, not to exceed $11,000,000 shall remain available until September 30, 2018, for the operation and 

strengthening of the security of OPM legacy and Shell environment 

IT systems and the modernization, migration, and testing of such 

systems: Provided further, 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 Ap-
794

propriations 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— 

(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 
795

$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 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. 
796

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 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. 
797

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 

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 
798

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 

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 
799

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 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. 
800

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$253,600,000, to be derived by transfer from the Postal Service 

Fund and expended as authorized by section 603(b)(3) of the Postal 

Accountability and Enhancement Act (Public Law 109–435). 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other 

services as authorized by 5 U.S.C. 3109, $51,226,000: Provided,

That travel expenses of the judges shall be paid upon the written 

certificate of the judge. 

TITLE VI 

GENERAL PROVISIONS—THIS ACT 

(INCLUDING RESCISSION)

SEC. 601. None of the funds in this Act shall be used for the 

planning or execution of any program to pay the expenses of, or 

otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 

SEC. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly so 

provided herein. 

SEC. 603. The 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 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. 
801

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 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. 
802

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 or entity 

subject to regulation by such agency or commission, unless the per-
803

son 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 exceed-
804

ing the amount of funds collected by the Board as of December 31, 

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. 
805

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 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, 
806

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.’’. 

(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 De-
807

partment 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. 

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 police-type vehicles: 

Provided further, That the limits set forth in this section may not 

be exceeded by more than 5 percent for electric or hybrid vehicles 

purchased for demonstration under the provisions of the Electric 

and Hybrid Vehicle Research, Development, and Demonstration 

Act of 1976: Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative 

fuels vehicles acquired pursuant to Public Law 101–549 over the 

cost of comparable conventionally fueled vehicles: Provided further,

That the limits set forth in this section shall not apply to any vehicle that is a commercial item and which operates on alternative 

fuel, including but not limited to electric, plug-in hybrid electric, 

and hydrogen fuel cell vehicles. 

SEC. 703. Appropriations of the executive departments and independent establishments for the current fiscal year available for ex-
808

penses of travel, or for the expenses of the activity concerned, are 

hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924. 

SEC. 704. Unless 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 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 
809

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 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). 
810

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— 

(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; 
811

(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 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 Adminis-
812

tration, 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 multi-agency financial, information technology, procurement, and other management innovations, initiatives, and activities, including improving coordination 

and reducing duplication, as approved by the Director of the Office 

of Management and Budget, in consultation with the appropriate 

interagency and multi-agency groups designated by the Director 

(including the President’s Management Council for overall management improvement initiatives, the Chief Financial Officers Council 

for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief 

Human Capital Officers Council for human capital initiatives, the 

Chief Acquisition Officers Council for procurement initiatives, and 

the Performance Improvement Council for performance improvement initiatives): Provided further, That the total funds transferred 

or reimbursed shall not exceed $15,000,000 to improve coordination, reduce duplication, and for other activities related to Federal 

Government Priority Goals established by 31 U.S.C. 1120, and not 

to exceed $17,000,000 for Government-Wide innovations, initiatives, and activities: Provided further, That the funds transferred 

to or for reimbursement of ‘‘General Services Administration, Government-wide Policy’’ during fiscal year 2017 shall remain available for obligation through September 30, 2018: 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, 
813

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. 

(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. 
814

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 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. 
815

(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 

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 fis-
816

cal 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. 

(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 
817

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 

(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. 
818

(f) Nothing in subsections (b) through (e) shall prevent employees 

who do not serve under a political appointment from receiving pay 

increases as otherwise provided under applicable law. 

(g) A career appointee in the Senior Executive Service who receives a Presidential appointment and who makes an election to retain Senior Executive Service basic pay entitlements under section 

3392 of title 5, United States Code, is not subject to this section. 

(h) A member of the Senior Foreign Service who receives a Presidential appointment to any position in the executive branch and 

who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the Foreign Service Act of 1980 (Public Law 96–465) is not subject to this section. 

(i) Notwithstanding subsections (b) through (e), an employee in 

a covered position may receive a pay rate increase upon an authorized movement to a different covered position with higher-level duties and a pre-established higher level or range of pay, except that 

any such increase must be based on the rates of pay and applicable 

pay limitations in effect on December 31, 2013. 

(j) Notwithstanding any other provision of law, for an individual 

who is newly appointed to a covered position during the period of 

time subject to this section, the initial pay rate shall be based on 

the rates of pay and applicable pay limitations in effect on December 31, 2013. 

(k) 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; 

(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. 
819

(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 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. 
820

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 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 con-
821

victed 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. 

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 mak-
822

ing 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— 

(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 Serv-
823

ices 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. 

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 
824

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,
825

That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act. 

SEC. 816. (a)(1) During fiscal year 2018, during a period in which 

neither a District of Columbia continuing resolution or a regular 

District of Columbia appropriation bill is in effect, local funds are 

appropriated in the amount provided for any project or activity for 

which local funds are provided in the Act referred to in paragraph 

(2) (subject to any modifications enacted by the District of Columbia as of the beginning of the period during which this subsection 

is in effect) at the rate set forth by such Act. 

(2) The Act referred to in this paragraph is the Act of the Council 

of the District of Columbia pursuant to which a proposed budget 

is approved for fiscal year 2018 which (subject to the requirements 

of the District of Columbia Home Rule Act) will constitute the local 

portion of the annual budget for the District of Columbia government for fiscal year 2018 for purposes of section 446 of the District 

of Columbia Home Rule Act (sec. 1–204.46, D.C. Official Code). 

(b) Appropriations made by subsection (a) shall cease to be available—

(1) during any period in which a District of Columbia continuing resolution for fiscal year 2018 is in effect; or 

(2) upon the enactment into law of the regular District of Columbia appropriation bill for fiscal year 2018. 

(c) An appropriation made by subsection (a) is provided under 

the authority and conditions as provided under this Act and shall 

be available to the extent and in the manner that would be provided by this Act. 

(d) An appropriation made by subsection (a) shall cover all obligations or expenditures incurred for such project or activity during 

the portion of fiscal year 2018 for which this section applies to such 

project or activity. 

(e) This section shall not apply to a project or activity during any 

period of fiscal year 2018 if any other provision of law (other than 

an authorization of appropriations)— 

(1) makes an appropriation, makes funds available, or grants 

authority for such project or activity to continue for such period; or 

(2) specifically provides that no appropriation shall be made, 

no funds shall be made available, or no authority shall be 

granted for such project or activity to continue for such period. 

(f) Nothing in this section shall be construed to affect obligations 

of the government of the District of Columbia mandated by other 

law.

SEC. 817. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in this title or in title IV shall be treated 

as referring only to the provisions of this title or of title IV. 

TITLE 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’’. 
826

(b) REFERENCES IN ACT.—Except as otherwise expressly provided, whenever in this title an amendment is expressed in terms 

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. 

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.’’. 
827

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

(3) by adding at the end the following: 
828

‘‘(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 
829

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) of 
830

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.
831

‘‘(3) DUTIES OF THE INSTITUTE ON EDUCATION SCIENCES.—The

Institute of Education Sciences of the Department of Education 

shall—

‘‘(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. 
832

‘‘(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. 

‘‘(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. 
833

(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) 

(sec. 38–1853.11(a)(1), D.C. Official Code) is amended to read as 

follows:

‘‘(1) INFORMATION NECESSARY TO CARRY OUT EVALUATIONS.—

Ensure that all District of Columbia public schools and District 

of Columbia public charter schools make available to the Institute of Education Sciences of the Department of Education all 

of the information the Institute requires to carry out the assessments and perform the evaluations required under section 

3009(a).’’.

FUNDING FOR DISTRICT OF COLUMBIA PUBLIC SCHOOLS AND PUBLIC

CHARTER SCHOOLS

SEC. 909. (a) MANDATORY WITHHOLDING OF FUNDS FOR FAILURE

TO COMPLY WITH CONDITIONS.—Section 3011(b) (sec. 38– 

1853.11(b), D.C. Official Code) is amended to read as follows: 

‘‘(b) 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. 
834

‘‘(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, 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. 

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’’. 
835

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’’. 

(837)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H3782 of Book II. 

[CLERK’S NOTE: Reproduced below is the material relating to division E contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION E—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2017 

Language included in House Report 114–624 or Senate Report 

114–280 that is not changed by this explanatory statement is approved. This explanatory statement, while repeating some report 

language for emphasis, is not intended to negate the language referenced in the House and Senate Committee reports unless expressly provided herein. Where the House or Senate has directed 

the submission of a report, that report is to be submitted to the 

Committees on Appropriations of both the House of Representatives and the Senate. 

TITLE I—DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

The bill provides $224,376,000 for departmental offices salaries 

and expenses. Within the amount provided under this heading, up 

to $24,000,000 is available until September 30, 2018, for the Treasury-wide Financial Statement Audit; information technology modernization; the audit, oversight, and administration of the Gulf 

Coast Restoration Trust Fund; the development and implementation of programs within the Office of Critical Infrastructure Protection and Compliance Policy; and international operations. 

OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE

SALARIES AND EXPENSES

The bill provides $123,000,000 for the Office of Terrorism and Financial Intelligence, of which up to $28,000,000 is for administrative expenses and $5,000,000 is available until September 30, 2018. 

Economic Sanctions and Divestments.—The Department of the 

Treasury will fully implement sanctions and divestment measures 

applicable to the proliferation of weapons of mass destruction, terrorism, transnational organized crime, the Islamic State of Iraq 

and the Levant, Russia, Belarus, North Korea, Iran, Sudan, Syria, 

Venezuela, Zimbabwe, and designated rebel groups operating in 

and around the Democratic Republic of Congo. The Department 

will promptly notify the Committees on Appropriations of the 
838

House and Senate of any resource constraints that adversely impact the implementation of these sanctions programs. 

CYBERSECURITY ENHANCEMENT ACCOUNT

The bill provides $47,743,000 for the Cybersecurity Enhancement 

Account.

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The bill provides $3,000,000 for the Department-Wide Systems 

and Capital Investments Programs. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The bill provides $37,044,000 for the Office of Inspector General. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

The bill provides $169,634,000 for salaries and expenses of the 

Treasury Inspector General for Tax Administration. 

SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF

PROGRAM

SALARIES AND EXPENSES

The bill provides $41,160,000 for salaries and expenses of the Office of the Special Inspector General for the Troubled Asset Relief 

Program.

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

The bill includes $115,003,000 for salaries and expenses for the 

Financial Crimes Enforcement Network. 

TREASURY FORFEITURE FUND

(RESCISSION)

Of the unobligated balances available under this heading, 

$1,115,000,000 are rescinded, of which $314,000,000 are permanently rescinded. 

BUREAU OF THE FISCAL SERVICE

SALARIES AND EXPENSES

The bill provides $353,057,000 for salaries and expenses of the 

Bureau of the Fiscal Service, and provides $165,000 to be derived 

from the Oil Spill Liability Trust Fund to reimburse Fiscal Service 

personnel for financial management of the Fund. Within the 

amount provided in the bill, $4,210,000 is available until September 30, 2019, for information systems modernization. 
839

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

The bill provides $111,439,000 for salaries and expenses of the 

Alcohol and Tobacco Tax and Trade Bureau. Within this amount, 

$5,000,000 is provided for costs associated with accelerating the 

processing of label and formula applications, and $5,000,000 is 

available until September 30, 2018 for the costs of enforcement of 

trade practice violations. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

The bill specifies that not more than $30,000,000 in new liabilities and obligations may be incurred during fiscal year 2017 for 

circulating coinage and protective service capital investments of the 

U.S. Mint. 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

The bill provides $248,000,000 for the Community Development 

Financial Institutions (CDFI) Fund program. Within this amount, 

not less than $161,500,000 is for financial and technical assistance 

grants, of which up to $3,000,000 may be used to provide technical 

and financial assistance to CDFIs that fund projects to help individuals with disabilities; not less than $15,500,000 is for technical 

assistance and other purposes for Native American, Native Hawaiian, and Alaska Native communities; not less than $23,000,000 is 

for the Bank Enterprise Award program; not less than $22,000,000 

is for the Healthy Food Financing Initiative; and up to $26,000,000 

is for administrative expenses, of which $1,000,000 is for the development of information technology tools to better measure and assess CDFI investment performance, improve data quality, and enable more efficient allocation of CDFI Fund resources. The bill limits the total loan principal for the Bond Guarantee program to 

$500,000,000.

CDFI Program Integration for Individuals with Disabilities.—In

lieu of the House report language on CDFI program integration for 

individuals with disabilities, the agreement provides funds for financial and technical assistance grants that may be used to position more CDFIs to incorporate the needs of the disabled into their 

business plans and practices. 

If the Fund elects to issue grants in this manner, the Fund is 

directed to submit a report not later than the end of calendar year 

2017 to the Committees on Appropriations of the House and Senate, the Committee on Financial Services of the House, and the 

Committee on Banking, Housing, and Urban Affairs of the Senate 

to include parameters for award issuance, a profile of CDFI participants competing for these funds, and metrics to be used by the 

Fund to track how funds are spent to support projects for individuals with disabilities. 

Not later than the end of fiscal year 2019, the CDFI Fund must 

submit a second report that includes the number of awards, 
840

amount of each award, and anticipated projects funded, if funds are 

dispersed for this purpose, as well as findings and recommendations related to the efficacy of award efforts and impacts on the disability community. 

Persistent Poverty.—As was previously enacted in fiscal year 

2012, the bill requires that no less than 10 percent of funds are 

awarded to persistent poverty counties, using decennial census 

data from 1990, 2000, and 2010. The CDFI Fund previously used 

the American Community Survey (ACS) data, which was a subset 

of the decennial census, to fulfill this requirement, but the ACS has 

since been published separately from the decennial census. Therefore, the CDFI Fund may use the 2015 ACS data to fulfill this requirement.

INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

The bill provides $2,156,554,000 for Internal Revenue Service 

(IRS) Taxpayer Services. Within the overall amount, not less than 

$8,890,000 is for the Tax Counseling for the Elderly program, not 

less than $12,000,000 is for low-income taxpayer clinic grants, and 

not less than $206,000,000 is provided for operating expenses of the 

IRS Taxpayer Advocate Service, of which not less than $5,000,000 

is for identity theft casework. 

In addition, within the overall amount provided, not less than 

$15,000,000, available until September 30, 2018, is included for the 

Community Volunteer Income Tax Assistance matching grants program.

ENFORCEMENT

The bill provides $4,860,000,000 for Enforcement. 

OPERATIONS SUPPORT

The bill provides $3,638,446,000 for Operations Support. 

BUSINESS SYSTEMS MODERNIZATION

The bill provides $290,000,000 for Business Systems Modernization.

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFERS OF FUNDS)

The bill includes the following provisions: 

Section 101 provides transfer authority. 

Section 102 requires the IRS to maintain an employee training 

program on topics such as taxpayers’ rights. 

Section 103 requires the IRS to safeguard taxpayer information 

and to protect taxpayers against identity theft. 

Section 104 permits funding for 1–800 help line services for taxpayers and directs the Commissioner to make improving phone 

service a priority and to enhance response times. 

Section 105 prohibits funds for videos unless reviewed in advance 

by the IRS’ Video Editorial Board for cost, topic, tone, and purpose. 
841

Section 106 requires the IRS to issue notices to employers of any 

address change request and to give special consideration to offers 

in compromise for taxpayers who have been victims of payroll tax 

preparer fraud. 

Section 107 prohibits the use of funds by the IRS to target 

United States citizens for exercising any right guaranteed under 

the First Amendment to the Constitution. 

Section 108 prohibits the use of funds by the IRS to target 

groups for regulatory scrutiny based on their ideological beliefs. 

Section 109 requires the IRS to comply with procedures and policies on conference spending in accordance with IRS policies issued 

as a result of Treasury Inspector General for Tax Administration 

recommendations.

Section 110 prohibits funds for giving bonuses to employees or 

hiring former employees without considering conduct and compliance with Federal tax law. 

Section 111 prohibits the IRS from using funds made available 

by this Act to contravene a provision of the Internal Revenue Code 

of 1986 related to the confidentiality and disclosure of returns and 

return information. 

Section 112 prohibits funds for pre-populated returns. 

Section 113 provides $290,000,000 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. None of the funds are to implement the Affordable 

Care Act and the Commissioner is required to submit a spend plan. 

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFERS OF FUNDS)

The bill includes the following provisions: 

Section 114 allows Treasury to use funds for certain specified expenses.

Section 115 allows for the transfer of up to 2 percent of funds 

among various Treasury bureaus and offices. 

Section 116 allows for the transfer of up to 2 percent from the 

IRS accounts to the Treasury Inspector General for Tax Administration.

Section 117 prohibits funding to redesign the $1 note. 

Section 118 allows for the transfer of funds from the Bureau of 

Fiscal Service-Salaries and Expenses to the Debt Collection Fund 

conditional on future reimbursement. 

Section 119 prohibits funds to build a United States Mint museum without the approval of the Committees on Appropriations of 

the House and Senate and the authorizing committees of jurisdiction.

Section 120 prohibits funding for consolidating the functions of 

the United States Mint and the Bureau of Engraving and Printing 

without the approval of the Committees on Appropriations of the 

House and Senate and the authorizing committees of jurisdiction. 

Section 121 specifies that funds for Treasury intelligence activities are deemed to be specifically authorized until enactment of the 

fiscal year 2017 Intelligence Authorization Act. 
842

Section 122 permits the Bureau of Engraving and Printing to use up to $5,000 from the Industrial Revolving Fund for reception and 

representation expenses. 

Section 123 requires the Secretary to submit a Capital Investment Plan. 

Section 124 requires a Franchise Fund report. 

Section 125 requires the Department to submit a report on economic warfare and financial terrorism. 

Section 126 prohibits the Department from finalizing any regulation related to the standards used to determine the tax-exempt status of a 501(c)(4) organization. 

Section 127 requires the Office of Financial Research and Office 

of Financial Stability to submit quarterly reports. 

TITLE II—EXECUTIVE OFFICE OF THE PRESIDENT AND 

FUNDS APPROPRIATED TO THE PRESIDENT 

THE WHITE HOUSE

SALARIES AND EXPENSES

The bill provides $55,214,000 for the salaries and expenses of the 

White House. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

The bill provides $12,723,000 for the Executive Residence at the 

White House. 

WHITE HOUSE REPAIR AND RESTORATION

The bill provides $750,000 for repair, alteration and improvement of the Executive Residence at the White House. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

The bill provides $4,201,000 for salaries and expenses of the 

Council of Economic Advisers. 

NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

The bill provides $12,000,000 for salaries and expenses of the 

National Security Council and Homeland Security Council. 

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

The bill provides $96,116,000 for salaries and expenses of the Office of Administration, of which not to exceed $12,760,000, to remain available until expended, is for information technology modernization. Further, the bill provides an additional $4,925,000, 

available until September 30, 2018, for additional physical security 

improvements. The Office is directed to brief the House and Senate 
843

Committees on Appropriations within 180 days of enactment on the 

use of funds. 

PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT

(INCLUDING TRANSFER OF FUNDS)

The bill provides $7,582,000 for costs associated with the change 

in Presidential administrations. The bill allows for the funds to be 

transferred to other accounts within the Executive Office of the 

President.

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

The bill provides $95,000,000 for the salaries and expenses of the 

Office of Management and Budget. 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

The bill provides $19,274,000 for salaries and expenses of the Office of National Drug Control Policy. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $254,000,000 for the High Intensity Drug Trafficking Areas Program. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $114,871,000 for Other Federal Drug Control 

Programs. The agreement allocates funds among specific programs 

as follows: 

Drug-Free Communities Program ................................................................................................................... 97,000,000 

(Training) ............................................................................................................................................... (2,000,000) 

Drug court training and technical assistance .............................................................................................. 2,000,000 

Anti-Doping activities ..................................................................................................................................... 9,500,000 

World Anti-Doping Agency (U.S. membership dues) ...................................................................................... 2,121,000 

Discretionary Grants as authorized by P.L. 109–469, section 1105 ............................................................ 1,250,000

Activities authorized by Section 103 of P.L. 114–198, section 103 ............................................................. 3,000,000

UNANTICIPATED NEEDS

The bill provides $800,000 for unanticipated needs of the Administration.

INFORMATION TECHNOLOGY OVERSIGHT AND REFORM

(INCLUDING TRANSFER OF FUNDS)

The bill provides $27,000,000 for information technology oversight and reform activities. 
844

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

The bill provides $4,228,000 for salaries and expenses to enable 

the Vice President to provide special assistance to the President. 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The bill provides $299,000 for operating expenses for the official 

residence of the Vice President. 

ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE

PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

(INCLUDING TRANSFER OF FUNDS)

The bill includes the following administrative provisions under 

this title: 

Section 201 provides transfer authority among various Executive 

Office of the President accounts. 

Section 202 requires the Office of Management and Budget 

(OMB) to report on the costs of implementing the Dodd-Frank Wall 

Street Reform and Consumer Protection Act (Public Law 111–203). 

Section 203 requires the Director of the OMB to include a statement of budgetary impact with any Executive Order issued or revoked during fiscal year 2017 and for Presidential memoranda estimated to have a regulatory cost in excess of $100,000,000. 

TITLE III—THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

The bill provides $76,668,000 for salaries and expenses of the Supreme Court. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief justice and associate justices of the court. 

CARE OF THE BUILDING AND GROUNDS

The bill provides $14,868,000 for the care of the Supreme Court 

building and grounds. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

The bill provides $30,108,000 for salaries and expenses of the 

United States Court of Appeals for the Federal Circuit. In addition, 

the bill provides mandatory costs as authorized by current law for 

the salaries of the chief judge and judges of the court. 
845

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

The bill provides $18,462,000 for salaries and expenses of the 

United States Court of International Trade. In addition, the bill 

provides mandatory costs as authorized by current law for the salaries of the chief judge and judges of the court. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

The bill provides $4,996,445,000 for salaries and expenses of the 

Courts of Appeals, District Courts, and Other Judicial Services. In 

addition, the bill provides mandatory costs as authorized by 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. The bill provides for the consolidation of district and 

bankruptcy clerks of courts offices within the District of Montana 

and District of Vermont. The bill also provides $6,510,000 from the 

Vaccine Injury Compensation Trust Fund. 

DEFENDER SERVICES

The bill provides $1,044,647,000 for Defender Services. The bill includes a $2 increase to the hourly non-capital panel attorney rate 

above the COLA-adjusted level. 

FEES OF JURORS AND COMMISSIONERS

The bill provides $39,929,000 for Fees of Jurors and Commissioners.

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $565,388,000 for Court Security. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

The bill provides $87,500,000 for salaries and expenses of the Administrative Office of the United States Courts. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

The bill provides $28,335,000 for salaries and expenses of the 

Federal Judicial Center. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

The bill provides $18,100,000 for salaries and expenses of the 

United States Sentencing Commission. 
846

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

(INCLUDING TRANSFER OF FUNDS)

The bill includes the following administrative provisions: 

Section 301 makes funds appropriated for salaries and expenses 

available for services authorized by 5 U.S.C. 3109. 

Section 302 provides transfer authority among Judiciary appropriations.

Section 303 permits not more than $11,000 to be used for official 

reception and representation expenses of the Judicial Conference. 

Section 304 extends through fiscal year 2017 the delegation of 

authority to the Judiciary for contracts for repairs of less than 

$100,000.

Section 305 continues a pilot program where the United States 

Marshals Service provides perimeter security services at selected 

courthouses.

Section 306 extends temporary judgeships in the eastern district 

of Missouri, Kansas, Arizona, the central district of California, the 

northern district of Alabama, the southern district of Florida, New 

Mexico, the western district of North Carolina, and the eastern district of Texas. 

Section 307 extends temporary bankruptcy judgeships in Virginia, Michigan, Puerto Rico, Delaware, and Florida. 

TITLE IV—DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

The bill provides $40,000,000 for District of Columbia resident 

tuition support. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

The bill provides $34,895,000 for emergency planning and security costs in the District of Columbia, of which $19,995,000 is for 

costs associated with the Presidential Inauguration. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

The bill provides $274,611,000 for the District of Columbia 

courts. Within the amount provided, $14,359,000 is for the District 

of Columbia Court of Appeals; $125,380,000 is for the Superior 

Court of the District of Columbia; $75,184,000 is for the District of 

Columbia Court System; and $59,688,000 is available until September 30, 2018 for capital improvements for District of Columbia 

court facilities. 

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF

COLUMBIA COURTS

The bill provides $49,890,000 for defender services in District of 

Columbia Courts. 
847

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

The bill provides $248,008,000 to the Court Services and Offender Supervision Agency for the District of Columbia. Within the 

amount provided, $182,721,000 is for the Community Supervision 

Program and sex offender registration; and $65,287,000 is for the 

Pretrial Services Agency for the District of Columbia, of which 

$1,800,000 is available until September 30, 2018, for costs associated with IT improvements for a comprehensive in-house synthetics testing program. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER

SERVICE

The bill provides $41,829,000 for the District of Columbia Public 

Defender Service. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

The bill provides $14,000,000 for the District of Columbia Water 

and Sewer Authority. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

The bill provides $2,000,000 for the Criminal Justice Coordinating Council. 

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

The bill provides $585,000 for Judicial Commissions. Within the 

amount provided, $310,000 is for the Commission on Judicial Disabilities and Tenure, and $275,000 is for the Judicial Nomination 

Commission.

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

The bill provides $45,000,000 for school improvement in the District of Columbia in accordance with the provisions of the Scholarships for Opportunity and Results Act (SOAR Act). Of that amount, 

$3,200,000 is for administrative expenses and evaluation costs. 

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

The bill provides $450,000 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

The bill provides $5,000,000 for the purpose of HIV/AIDS testing 

and treatment. 

DISTRICT OF COLUMBIA FUNDS

The bill provides authority for the District of Columbia to spend 

its local funds in accordance with the Fiscal Year 2017 Budget Request Act of 2016. 
848

TITLE V—INDEPENDENT AGENCIES 

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

SALARIES AND EXPENSES

The bill provides $3,100,000, to remain available until September 

30, 2018, for the Administrative Conference of the United States. 

COMMODITY FUTURES TRADING COMMISSION

The bill provides $250,000,000 for the Commodity Futures Trading Commission. Within the amount provided, $50,000,000 is available—until September 30, 2018, for the purchase of information 

technology.

The agreement directs the Commission to continue to look for 

savings in its leasing costs, including the subleasing of excess 

space.

The Commission has taken administrative action to delay the de 

minimis threshold phase-in termination date—until December 31, 

2018. The agency is encouraged to continue consideration of this 

issue.

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

The bill includes $126,000,000 for the Consumer Product Safety 

Commission. Within the amount provided, $1,300,000 is available 

until expended, for the pool and spa safety grants program established by the Virginia Graeme Baker Pool and Spa Safety Act. 

Voluntary Recalls and Public Disclosure.—The bill does not adopt 

House report language regarding voluntary recalls and public disclosures of information. 

Advisory Committees.—The bill does not adopt House report language establishing advisory committees. 

ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY

COMMISSION

Section 501 prohibits funds from being used in fiscal year 2017 

to finalize or implement the proposed rule on recreational off-highway vehicles until a study is completed by the National Academy 

of Sciences. 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The bill provides $9,600,000 for salaries and expenses of the 

Election Assistance Commission, of which $1,400,000 is transferred 

to the National Institute of Standards and Technology. 
849

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

The bill provides $339,844,000 for salaries and expenses of the 

Federal Communications Commission (FCC). In addition, the bill 

provides $16,866,992 for moving expenses. The bill provides that 

$356,710,992 be derived from offsetting collections, resulting in no 

net appropriation. 

Fines.—The agreement adopts language in the House report regarding the collection of monetary penalties; however, in lieu of a 

quarterly report, the Commission is directed to provide this report 

no later than September 1, 2017. 

Broadband Connectivity on Tribal Lands.—In lieu of the Senate 

report language on tribal consultation, the agreement adopts the 

following language: 

Significant concerns remain about the lack of access to 

broadband services on tribal lands. The Commission is directed to 

set interim goals and performance measures for increasing access 

to broadband on tribal lands, and the agreement recommends 

$300,000 to support consultation with federally recognized Indian 

tribes, Alaska Native villages, and entities related to Hawaiian 

home lands. 

ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS

COMMISSION

The bill includes the following administrative provisions for the 

Federal Communications Commission: 

Section 510 extends an exemption for the Universal Service 

Fund.

Section 511 prohibits the FCC from changing rules governing the 

Universal Service Fund regarding single connection or primary line 

restrictions.

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF THE INSPECTOR GENERAL

The bill provides a transfer of $35,958,000 to fund the Office of 

Inspector General (OIG) for the Federal Deposit Insurance Corporation. The OIG’s appropriations are derived from the Deposit 

Insurance Fund and the Federal Savings and Loan Insurance Corporation Resolution Fund. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

The bill provides $79,119,000 for salaries and expenses of the 

Federal Election Commission, of which $8,000,000 is available until 

September 30, 2018 for costs associated with expiring facility 

leases.
850

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

The bill provides $26,200,000 for the Federal Labor Relations 

Authority.

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

The bill provides $313,000,000 for salaries and expenses of the 

Federal Trade Commission. This appropriation is partially offset by 

premerger filing and Telemarketing Sales Rule fees estimated at 

$125,000,000 and $15,000,000, respectively. 

GENERAL SERVICES ADMINISTRATION

Land Border Partnerships.—The agreement adopts language in 

the Senate report directing the General Services Administration 

(GSA) to submit a report on improvements to donation and gift 

agreements for land border partnerships. GSA is directed to provide this report within 120 days of enactment of this Act. 

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFERS OF FUNDS)

The bill provides resources from the General Services Adminis- tration (GSA) Federal Buildings Fund totaling $8,845,147,000. 

Construction and Acquisition.—The bill provides $5,749,000 for 

construction and acquisition for the United States Department of 

Agriculture Animal and Plant Health Inspection Service facility, 

Pembina, North Dakota. In addition, the bill provides $200,000,000 

for the Federal Bureau of Investigation headquarters consolidation. 

It is the intent of Congress to provide funding in fiscal year 2018 

necessary for the project to proceed expeditiously. 

Repairs and Alterations.—The bill provides $676,035,000 for repairs and alterations. Funds are provided in the amounts indicated:

Major Repairs and Alterations ....................................................................................................................... $289,245,000 

Basic Repairs and Alterations ....................................................................................................................... $312,090,000 

Judiciary Capital Security Program ................................................................................................................ $26,700,000 

Consolidation Activities .................................................................................................................................. $48,000,000 

For Major Repairs and Alterations, GSA is directed to submit a 

spending plan, by project, as specified in Section 526 of this Act to 

the Committees on Appropriations of the House and Senate (Committees) and to provide notification to the Committees, within 15 

days prior to any changes in the use of these funds. The agreement 

provides no funding for the Fire and Life Safety Program and Energy and Water Retrofit and Conservation Measures. 

Rental of Space.—The bill provides $5,628,363,000 for rental of 

space.
851

Building Operations.—The bill provides $2,335,000,000 for building operations. Within this amount, $1,184,240,000 is for building 

services and $1,150,760,000 is for salaries and expenses. Up to five 

percent of the funds may be transferred between these activities 

upon the advance notification to Committees. 

GENERAL ACTIVITIES

GOVERNMENT–WIDE POLICY

The bill provides $60,000,000 for General Services Administration government-wide policy activities. GSA is directed to spend not 

less than $2,000,000 on the Unified Shared Services Management 

Office.

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The bill provides $58,541,000 for operating expenses. Within the 

amount provided under this heading, the bill provides $25,869,000 

for Real and Personal Property Management and Disposal, 

$23,397,000 for the Office of the Administrator, and $9,275,000 for 

the Civilian Board of Contract Appeals. Up to five percent of the 

funds for the Office of the Administrator may be transferred to 

Real and Personal Property Management and Disposal upon the 

advance notification to the Committees on Appropriations of the 

House and Senate. 

OFFICE OF INSPECTOR GENERAL

The bill provides $65,000,000 for the Office of Inspector General. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

The bill provides $3,865,000 for allowances and office staff for 

former Presidents. 

EXPENSES, PRESIDENTIAL TRANSITION

(INCLUDING TRANSFER OF FUNDS)

The bill provides $9,500,000 for presidential transition expenses. 

FEDERAL CITIZEN SERVICES FUND

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $55,894,000 for deposit into the Federal Citizen 

Services Fund (the Fund) and authorizes use of appropriations, 

revenues and collections in the Fund in an aggregate amount not 

to exceed $100,000,000. Any deviation from the spending plan required for Electronic Government projects shall require a notification within 30 days to the Committees on Appropriations of the 

House and Senate. 

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

The bill includes the following provisions: 
852

Section 520 specifies that funds are available for hire of motor 

vehicles.

Section 521 authorizes transfers within the Federal Buildings 

Fund, with advance approval of the Committees on Appropriations 

of the House and Senate. 

Section 522 requires transmittal of a fiscal year 2018 request for 

courthouse construction that meets design guide standards, reflects 

the priorities in the Judicial Conference’s 5-year construction plan, 

and includes a standardized courtroom utilization study. 

Section 523 specifies that funds in this Act may not be used to 

increase the amount of occupiable space or provide services such as 

cleaning or security for any agency that does not pay the rental 

charges assessed by GSA. 

Section 524 permits GSA to pay certain construction-related 

claims against the Federal Government from savings achieved in 

other projects. 

Section 525 requires that the delineated area of procurement for 

leased space match the approved prospectus, unless the Administrator provides an explanatory statement to the appropriate congressional committees. 

Section 526 requires a spending plan for certain accounts and 

programs.

Section 527 rescinds prior year unobligated balances from the Civilian Cyber Campus project funded in Public Law 113–235. 

HARRY S TRUMAN SCHOLARSHIP FOUNDATION

SALARIES AND EXPENSES

The bill provides $1,000,000 for payment to the Harry S Truman 

Scholarship Foundation Trust Fund. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The bill provides $47,131,000, to remain available until September 30, 2018, for salaries and expenses of the Merit Systems 

Protection Board. Within the amount provided, $44,786,000 is a direct appropriation and $2,345,000 is a transfer from the Civil Service Retirement and Disability Fund to adjudicate retirement appeals.

MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

The bill provides $1,895,000 for payment to the Morris K. Udall 

and Stewart L. Udall Trust Fund, of which $200,000 is transferred 

to the Office of Inspector General of the Department of the Interior 

to conduct audits and investigations. 
853

ENVIRONMENTAL DISPUTE RESOLUTION FUND

The bill provides $3,249,000 for payment to the Environmental 

Dispute Resolution Fund. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

The bill provides $380,634,000 for the operating expenses of the 

National Archives and Records Administration (NARA). 

OFFICE OF INSPECTOR GENERAL

The bill provides $4,801,000 for the Office of Inspector General 

of the National Archives and Records Administration. 

REPAIRS AND RESTORATION

The bill provides $7,500,000 for repairs and restoration. 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

The bill provides $6,000,000 for the National Historical Publications and Records Commission grants program. 

NATIONAL CREDIT UNION ADMINISTRATION

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

The bill provides $2,000,000 for the Community Development Revolving Loan Fund. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

The bill provides $16,090,000 for salaries and expenses of the Office of Government Ethics. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The bill provides $259,000,000 for salaries and expenses of the 

Office of Personnel Management (OPM). Within the amount provided, $119,000,000 is a direct appropriation and $140,000,000 is 

a transfer from OPM trust funds. 

The bill provides $11,000,000 for OPM to improve information 

technology (IT) security and infrastructure. OPM is directed to provide quarterly briefings to the Committees on Appropriations of the 

House and Senate outlining progress on its infrastructure improvement project to increase network security and migrate legacy systems, including the Consolidated Business Information Systems. 

Prior to obligating the $11,000,000 for IT security improvements, 

OPM is directed to consult with the Office of Management and 

Budget, the U.S. Digital Service, and the Department of Homeland 

Security regarding the plan of expenditure of funds and the mod-
854

ernization project. The OPM IG is to review and comment upon 

this plan within 90 days. 

OPM shall report, within 180 days after enactment of this Act, 

on Retirement Services customer service staff increases, as a result 

of funding provided, including call and email handling rate as well 

as average processing time. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The bill provides $30,184,000 for salaries and expenses of the Office of Inspector General. Within the amount provided, $5,072,000 

is a direct appropriation and $25,112,000 is a transfer from OPM 

trust funds. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

The bill includes $24,750,000 for the salaries and expenses of the 

Office of Special Counsel. 

POSTAL REGULATORY COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The bill provides $16,200,000 for salaries and expenses of the 

Postal Regulatory Commission. 

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

SALARIES AND EXPENSES

The bill provides $10,100,000 for salaries and expenses of the 

Privacy and Civil Liberties Oversight Board. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

The bill provides $1,605,000,000 for the Securities and Exchange 

Commission (SEC). The bill provides $72,049,000 for the Division 

of Economic and Risk Analysis, and stipulates that $1,605,000,000 

be derived from offsetting collections resulting in no net appropriation. The bill provides that the SEC Office of Inspector General 

shall receive no less than $14,700,000. 

The agreement does not include a section pertaining to electronic 

delivery of shareholder reports. The SEC did not adopt proposed 

rule 30e–3 when the Commission adopted the new rules and forms 

to modernize reporting and the disclosure of information by registered investment companies. 
855

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

The bill provides $22,900,000 for salaries and expenses of the Selective Service System. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

The bill provides $269,500,000 for salaries and expenses of the 

Small Business Administration (SBA). 

Credit Elsewhere.—The agreement adopts language in the House 

report regarding credit elsewhere; however, in lieu of a report due 

120 days after enactment, GAO is directed to provide this report 

no later than one year after the date of enactment. 

ENTREPRENEURIAL DEVELOPMENT PROGRAMS

The bill provides $245,100,000 for SBA Entrepreneurial Development Programs. The SBA shall not reduce these amounts and shall 

not merge any of the entrepreneurial development programs without the advance written approval from the Committees on Appropriations of the House and Senate. 

Project ($000) 

7(j) Technical Assistance Program (Contracting Assistance) ............................................................................. 2,800 

Entrepreneurship Education ................................................................................................................................. 10,000 

Growth Accelerators .............................................................................................................................................. 1,000 

HUBZone Program ................................................................................................................................................ 3,000 

Microloan Technical Assistance ........................................................................................................................... 31,000 

National Women’s Business Council .................................................................................................................... 1,500 

Native American Outreach ................................................................................................................................... 2,000 

PRIME Technical Assistance ................................................................................................................................ 5,000 

Regional Innovation Clusters ............................................................................................................................... 5,000 

SCORE ................................................................................................................................................................... 10,500 

Small Business Development Centers (SBDC) ..................................................................................................... 125,000 

State Trade Expansion Program (STEP) ............................................................................................................... 18,000 

Veterans Outreach ................................................................................................................................................ 12,300 

Women’s Business Centers (WBC) ....................................................................................................................... 18,000 

Total, Entrepreneurial Development Programs ............................................................................................ 245,100 

OFFICE OF INSPECTOR GENERAL

The bill provides $19,900,000 for the Office of Inspector General 

of the Small Business Administration. 

OFFICE OF ADVOCACY

The bill provides $9,220,000 for the Office of Advocacy. 

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The bill provides $157,064,000 for the Business Loans Program 

Account. Of the amount provided, $4,338,000 is for the cost of direct loans in the microloan program, and $152,726,000 is for administrative expenses to carry out the direct and guaranteed loan 

programs which may be transferred to and merged with Salaries 
856

and Expenses. The bill provides a $27,500,000,000 cap for SBA 7(a) 

loans.

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The bill includes $185,977,000 for the administrative costs of the 

Disaster Loans Program Account. 

ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

The bill includes the following administrative provisions for the 

Small Business Administration: 

Section 530 concerns transfer authority and availability of funds. 

Section 531 rescinds prior year unobligated balances related to 

business loan subsidy programs that are now zero subsidy. 

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

The bill provides $34,658,000 for payment to the Postal Service 

Fund.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The bill provides $253,600,000 for the Office of Inspector General.

UNITED STATES TAX COURT 

SALARIES AND EXPENSES 

The bill provides $51,226,000 for salaries and expenses of the 

United States Tax Court. 

TITLE VI—GENERAL PROVISIONS—THIS ACT 

(INCLUDING RESCISSION)

The bill includes the following provisions: 

Section 601 prohibits paying expenses or otherwise compensating 

non-Federal parties in regulatory or adjudicatory proceedings funded in this Act. 

Section 602 prohibits obligations beyond the current fiscal year 

and transfers of funds unless expressly so provided herein. 

Section 603 limits consulting service expenditures to contracts 

where such expenditures are a matter of public record, with exceptions.

Section 604 prohibits funds from being transferred to any department, agency, or instrumentality of the United States without express authority provided in this or any other appropriations Act. 
857

Section 605 prohibits the use of funds to engage in activities that 

would prohibit the enforcement of section 307 of the 1930 Tariff 

Act.

Section 606 prohibits funds from being expended unless the recipient agrees to comply with the Buy American Act. 

Section 607 prohibits funding to a person or entity convicted of 

violating the Buy American Act. 

Section 608 provides reprogramming authority and requires 

agencies to submit operating plans to the Committees on Appropriations of the House and Senate. 

Section 609 provides that not to exceed 50 percent of unobligated 

balances from salaries and expenses may remain available for certain purposes. 

Section 610 prohibits funds for the Executive Office of the President to request either a Federal Bureau of Investigation background investigation, except with the express consent of the individual involved in an investigation or in extraordinary circumstances involving national security, or an Internal Revenue 

Service determination with respect to section 501(a) of the Internal 

Revenue Code of 1986. 

Section 611 provides that cost accounting standards not apply to 

a contract under the Federal Employees Health Benefits Program. 

Section 612 permits the Office of Personnel Management to accept funds related to nonforeign area cost-of-living allowances. 

Section 613 prohibits the expenditure of funds for abortions 

under the Federal Employees Health Benefits Program. 

Section 614 provides an exemption from section 613 if the life of 

the mother is in danger or the pregnancy is a result of an act of 

rape or incest. 

Section 615 waives certain restrictions on the purchase of nondomestic articles, materials, and supplies for information technology acquired by the Federal Government. 

Section 616 prohibits the acceptance by any regulatory agency or 

commission funded by this Act, or by their officers or employees, 

of payment or reimbursement for travel, subsistence, or related expenses from any person or entity, or their representative, that engages in activities regulated by such agency or commission. 

Section 617 permits the Securities and Exchange Commission 

and Commodity Futures Trading Commission to fund a joint advisory committee to advise on emerging regulatory issues, notwithstanding section 708 of this Act. 

Section 618 requires agencies covered by this Act with independent leasing authority to consult with the General Services Administration before seeking new office space or making alterations 

to existing office space. 

Section 619 provides funding for several appropriated mandatory 

accounts. These are accounts where authorizing language requires 

the payment of funds. The budget request assumes the following 

estimated cost for the programs addressed in this provision: 

$450,000 for Compensation of the President including $50,000 for 

expenses, $161,000,000 for the Judicial Retirement Funds (Judicial 

Officers’ Retirement Fund, Judicial Survivors’ Annuities Fund, and 

the United States Court of Federal Claims Judges’ Retirement 

Fund), $12,699,000,000 for the Government Payment for Annu-
858

itants, Employee Health Benefits, $47,000,000 for the Government 

Payment for Annuitants, Employee Life Insurance, and 

$8,469,000,000 for the Payment to the Civil Service Retirement 

and Disability Fund. 

Section 620 provides authority for the Public Company Accounting Oversight Board to obligate funds for a scholarship program. 

Section 621 prohibits funds for the Federal Trade Commission to 

complete the draft report on food marketed to children unless certain requirements are met. 

Section 622 prohibits funds for certain positions. 

Section 623 prevents conflicts of interest by prohibiting contractor security clearance-related background investigators from 

undertaking final Federal reviews of their own work. 

Section 624 provides authority for Chief Information Officers 

over information technology spending. 

Section 625 prohibits funds from being used in contravention of 

the Federal Records Act. 

Section 626 prohibits agencies from requiring Internet Service 

Providers (ISPs) to disclose electronic communications information 

in a manner that violates the Fourth Amendment. 

Section 627 prohibits any modification of Universal Service Fund 

rules related to Mobility Fund Phase II. 

Section 628 prohibits funds to be used to deny Inspectors General access to records, documents, or other materials. 

Section 629 prohibits the termination or modification of a Joint 

Sales Agreement as a condition for sale of a license or transfer of 

ownership.

Section 630 requires the Office of Management and Budget 

(OMB) to submit a cybersecurity report. 

Section 631 dissolves the Christopher Columbus Fellowship 

Foundation (CCFF) as a Federal agency within one year of enactment of this Act. 

Section 632 prohibits any funds made available in this Act from 

being used to establish a computer network unless such network 

blocks the viewing, downloading, and exchanging of pornography. 

Section 633 requires the Office of Personnel Management (OPM) 

to offer 10 years of credit monitoring and identity protection to individuals affected by the data breaches. OPM shall report annually 

to the Committees on Appropriations of both the House of Representatives and the Senate on the cost of implementation of this 

provision.

Section 634 rescinds $25,000,000 from the Securities and Exchange Commission Reserve Fund established by the Dodd-Frank 

Wall Street Reform and Consumer Protection Act. 

Section 635 prohibits the Securities and Exchange Commission to 

require the disclosure of political contributions to tax exempt organizations, or dues paid to trade associations. 

TITLE VII—GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

(INCLUDING TRANSFER OF FUNDS)

The bill includes the following provisions: 
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Section 701 requires all agencies to have a written policy for ensuring a drug-free workplace. 

Section 702 sets specific limits on the cost of passenger vehicles 

with exceptions for police, protective, heavy duty, electric hybrid 

and clean fuels vehicles. 

Section 703 makes appropriations available for quarters and 

cost-of-living allowances. 

Section 704 prohibits the use of appropriated funds to compensate officers or employees of the Federal Government in the 

continental United States unless they are citizens of the United 

States or qualify under other specified exceptions. 

Section 705 ensures that appropriations made available to any 

department or agency for space, services and rental charges shall 

also be available for payment to the General Services Administration.

Section 706 allows the use of receipts from the sale of materials 

for acquisition, waste reduction and prevention, environmental 

management programs and other Federal employee programs as 

appropriate.

Section 707 allows funds for administrative expenses of government corporations and certain agencies to also be available for rent 

in the District of Columbia, services under 5 U.S.C. 3109, and the 

objects specified under this head. 

Section 708 prohibits funds for interagency financing of boards 

(with exception), commissions, councils, committees or similar 

groups to receive multi-agency funding without prior statutory approval.

Section 709 precludes funds for regulations which have been disapproved by joint resolution. 

Section 710 limits the amount of funds that can be used for redecoration of offices under certain circumstances to $5,000, unless 

advance notice is transmitted to the Committees on Appropriations 

of the House and Senate. 

Section 711 allows for interagency funding of national security 

and emergency preparedness telecommunications initiatives. 

Section 712 requires agencies to certify that a Schedule C appointment was not created solely or primarily to detail the employee to the White House. 

Section 713 prohibits the salary payment of any employee who 

prohibits, threatens, prevents or otherwise penalizes another employee from communicating with Congress. 

Section 714 prohibits Federal employee training not directly related to the performance of official duties. 

Section 715 prohibits executive branch agencies from using funds 

for propaganda or publicity purposes in support or defeat of legislative initiatives. 

Section 716 prohibits any Federal agency from disclosing an employee’s home address to any labor organization, absent employee 

authorization or court order. 

Section 717 prohibits funds to be used to provide non-public information such as mailing, electronic mailing, or telephone lists to 

any person or organization outside the government without the approval of the Committees on Appropriations of the House and Senate.
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Section 718 prohibits the use of funds for propaganda and publicity purposes not authorized by Congress. 

Section 719 directs agency employees to use official time in an 

honest effort to perform official duties. 

Section 720 authorizes the use of funds to finance an appropriate 

share of the Federal Accounting Standards Advisory Board administrative costs. 

Section 721 authorizes the transfer of funds to the General Services Administration to finance an appropriate share of various government-wide boards and councils and for Federal Government Priority Goals under certain conditions. 

Section 722 permits breastfeeding in a Federal building or on 

Federal property if the woman and child are authorized to be there. 

Section 723 permits interagency funding of the National Science 

and Technology Council and requires the Office of Management 

and Budget to provide a report to the House and Senate on the 

budget and resources of the National Science and Technology 

Council.

Section 724 requires that the Federal forms that are used in distributing Federal funds to a State must indicate the agency providing the funds, the Federal Domestic Assistance Number, and 

the amount provided. 

Section 725 prohibits Federal agencies from monitoring individuals’ internet use. 

Section 726 requires health plans participating in the Federal 

Employees Health Benefits Program to provide contraceptive coverage and provides exemptions to certain religious plans. 

Section 727 recognizes the United States is committed to ensuring the health of the Olympic, Pan American and Paralympic athletes, and supports the strict adherence to antidoping in sport activities.

Section 728 allows funds for official travel to be used by departments and agencies, if consistent with OMB and Budget Circular 

A–126, to participate in the fractional aircraft ownership pilot program.

Section 729 prohibits funds for implementation of the Office of 

Personnel Management regulations limiting detailees to the Legislative Branch or implementing limitations on the Coast Guard Congressional Fellowship Program. 

Section 730 restricts the use of funds for Federal law enforcement training facilities with an exception for the Federal Law Enforcement Training Center. 

Section 731 prohibits executive branch agencies from creating 

prepackaged news stories that are broadcast or distributed in the 

United States unless the story includes a clear notification within 

the text or audio of that news story that the prepackaged news 

story was prepared or funded by that executive branch agency. 

Section 732 prohibits funds from being used in contravention of 

the Privacy Act or associated regulations. 

Section 733 prohibits funds in this or any other Act to be used 

for Federal contracts with inverted domestic corporations, unless 

the contract preceded this Act or the Secretary grants a waiver in 

the interest of national security. 
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Section 734 requires agencies to pay a fee to the Office of Personnel Management for processing retirements of employees who 

separate under Voluntary Early Retirement Authority or who receive Voluntary Separation Incentive Payments. 

Section 735 prohibits funds to require any entity submitting an 

offer for a Federal contract to disclose political contributions. 

Section 736 prohibits funds for the painting of a portrait of an 

employee of the Federal government including the President, the 

Vice President, a Member of Congress, the head of an executive 

branch agency, or the head of an office of the legislative branch. 

Section 737 limits the pay increases of certain prevailing rate 

employees.

Section 738 eliminates automatic statutory pay increases for the 

Vice President, political appointees paid under the executive schedule, ambassadors who are not career members of the Foreign Service, politically appointed (noncareer) Senior Executive Service employees, and any other senior political appointee paid at or above 

level IV of the executive schedule. 

Section 739 requires reports to Inspectors General concerning expenditures for agency conferences. 

Section 740 prohibits the use of funds to increase, eliminate, or 

reduce a program or project unless such change is made pursuant 

to reprogramming or transfer provisions. 

Section 741 prohibits agencies from using funds to implement 

regulations changing the competitive areas under reductions-inforce for Federal employees. 

Section 742 prohibits funds to begin or announce a study or public-private competition regarding conversion to contractor performance pursuant to OMB Circular A–76. 

Section 743 ensures that contractors are not prevented from reporting waste, fraud, or abuse by signing confidentiality agreements that would prohibit such disclosure. 

Section 744 prohibits the expenditure of funds for the implementation of certain nondisclosure agreements unless certain provisions are included in the agreements. 

Section 745 prohibits funds to any corporation with certain unpaid Federal tax liabilities unless an agency has considered suspension or debarment of the corporation and made a determination 

that further action is not necessary to protect the interests of the 

Government.

Section 746 prohibits funds to any corporation that was convicted 

of a felony criminal violation within the preceding 24 months unless an agency has considered suspension or debarment of the corporation and made a determination that further action is not necessary to protect the interests of the Government. 

Section 747 requires the Bureau of Consumer Financial Protection to notify the Committees on Appropriations of the House and 

Senate, the Committee on Financial Services of the House, and the 

Committee on Banking, Housing, and Urban Affairs of the Senate 

of requests for a transfer of funds from the Board of Governors of 

the Federal Reserve System as well as post any such notifications 

on the Bureau’s website. 

Budget Briefing.—Given the need for transparency and accountability in the Federal budgeting process, and that the Bureau of 
862

Consumer Financial Protection’s budget is funded independently of 

the annual appropriations spending bills, the Bureau is directed to 

provide an informal, nonpublic full briefing at least annually before 

the relevant subcommittee of the Committees on Appropriations of 

the House and Senate on the Bureau’s finances and expenditures. 

All other directive report language regarding the Bureau of Consumer Financial Protection is not adopted. 

Section 748 prohibits funds for implementing Executive Order 

13690 with certain exceptions. 

Section 749 declares references to this Act contained in any title 

other than title IV or VIII shall not apply to such titles IV or VIII. 

TITLE VIII—GENERAL PROVISIONS—DISTRICT OF 

COLUMBIA

(INCLUDING TRANSFERS OF FUNDS)

The bill includes the following general provisions for the District 

of Columbia: 

Section 801 allows the use of local funds for making refunds or 

paying judgments against the District of Columbia government. 

Section 802 prohibits the use of Federal funds for publicity or 

propaganda designed to support or defeat legislation before Congress or any State legislature. 

Section 803 establishes reprogramming procedures for Federal 

funds.

Section 804 prohibits the use of Federal funds for the salaries 

and expenses of a shadow U.S. Senator or U.S. Representative. 

Section 805 places restrictions on the use of District of Columbia 

government vehicles. 

Section 806 prohibits the use of Federal funds for a petition or 

civil action which seeks to require voting rights for the District of 

Columbia in Congress. 

Section 807 prohibits the use of Federal funds in this Act to distribute, for the purpose of preventing the spread of blood borne 

pathogens, sterile needles or syringes in any location that has been 

determined by local public health officials or local law enforcement 

authorities to be inappropriate for such distribution. 

Section 808 concerns a conscience clause on legislation that pertains to contraceptive coverage by health insurance plans. 

Section 809 prohibits the use of Federal funds to enact or carry 

out any law, rule, or regulation to legalize or reduce penalties associated with the possession, use or distribution of any schedule I 

substance under the Controlled Substances Act or any 

tetrahydrocannabinols derivative. In addition, section 809 prohibits 

the use of Federal and local funds to enact any law, rule, or regulation to legalize or reduce penalties associated with the possession, 

use or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative for 

recreational purposes. 

Section 810 prohibits the use of funds for abortion except in the 

cases of rape or incest or if necessary to save the life of the mother. 

Section 811 requires the CFO to submit a revised operating 

budget no later than 30 calendar days after the enactment of this 
863

Act for agencies the CFO certifies as requiring a reallocation in 

order to address unanticipated program needs. 

Section 812 requires the CFO to submit a revised operating 

budget for the District of Columbia Public Schools, no later than 

30 calendar days after the enactment of this Act, that aligns 

schools budgets to actual enrollment. 

Section 813 allows for transfers of local funds between operating 

funds and capital and enterprise funds. 

Section 814 prohibits the obligation of Federal funds beyond the 

current fiscal year and transfers of funds unless expressly provided 

herein.

Section 815 provides that not to exceed 50 percent of unobligated 

balances from Federal appropriations for salaries and expenses 

may remain available for certain purposes. This provision will 

apply to the District of Columbia Courts, the Court Services and 

Offender Supervision Agency and the District of Columbia Public 

Defender Service. 

Section 816 appropriates local funds during fiscal year 2018 if 

there is an absence of a continuing resolution or regular appropriation for the District of Columbia. Funds are provided under the 

same authorities and conditions and in the same manner and extent as provided for fiscal year 2017. 

Section 817 specifies that references to this Act in this title or 

title IV are treated as referring only to the provisions of this title 

and title IV. 

TITLE IX—SCHOLARSHIPS FOR OPPORTUNITY AND 

RESULTS ACT 

The agreement includes the reauthorization of the Scholarships 

for Opportunity and Results Act. 

This division may be cited as ‘‘Financial Services and General 

Government Appropriations Act, 2017.’’ 
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(883)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION F—DEPARTMENT OF HOMELAND 

SECURITY APPROPRIATIONS ACT, 2017 

(885)

DIVISION F—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2017 

TITLE I 

DEPARTMENTAL MANAGEMENT, OPERATIONS, 

INTELLIGENCE, AND OVERSIGHT 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

OPERATIONS AND SUPPORT

For necessary expenses of the Office of the Secretary and for executive management for operations and support, $137,034,000: Provided, That not to exceed $40,000 shall be for official reception and 

representation expenses: Provided further, 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 
886

secure space at fusion centers, including improvements to buildings.

OFFICE OF INSPECTOR GENERAL

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Inspector General for operations and support, $175,000,000: Provided, That not to exceed 

$300,000 may be used for certain confidential operational expenses, 

including the payment of informants, to be expended at the direction of the Inspector General. 

ADMINISTRATIVE PROVISIONS

SEC. 101. The Secretary of Homeland Security shall submit to 

the Committees on Appropriations of the Senate and the House of 

Representatives, at the time the President’s budget proposal for fiscal year 2018 is submitted pursuant to section 1105(a) of title 31, 

United States Code, the Future Years Homeland Security Program, 

as authorized by section 874 of Public Law 107–296 (6 U.S.C. 454). 

SEC. 102. Not 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.
887

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. 

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 indi-
888

viduals 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 

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 Fed-
889

eral 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. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of U.S. Immigration and Customs Enforcement for procurement, construction, and improvements, 

$29,800,000, to remain available until September 30, 2019. 

TRANSPORTATION SECURITY ADMINISTRATION

OPERATIONS AND SUPPORT

For necessary expenses of the Transportation Security Administration for operations and support, $7,105,047,000, to remain available until September 30, 2018: Provided, That not to exceed $7,650 

shall be for official reception and representation expenses: Provided

further, That security service fees authorized under section 44940 

of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation 

security: Provided further, That the sum appropriated under this 

heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal 

year 2017 so as to result in a final fiscal year appropriation from 

the general fund estimated at not more than $4,975,047,000. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements, 

$206,093,000, to remain available until September 30, 2019. 

RESEARCH AND DEVELOPMENT

For necessary expenses of the Transportation Security Administration for research and development, $5,000,000, to remain available until September 30, 2018. 

COAST GUARD

OPERATING EXPENSES

For necessary expenses for the operations and maintenance of 

the Coast Guard, not otherwise provided for; purchase or lease of 

not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and 

emergent requirements (at a unit cost of not more than $700,000) 

and repairs and service-life replacements, not to exceed a total of 

$31,000,000; purchase or lease of boats necessary for overseas deployments and activities; purchase, lease, or improvement of other 

equipment (at a unit cost of not more than $250,000); minor shore 

construction projects not exceeding $1,000,000 in total cost on any 

location; payments pursuant to section 156 of Public Law 97–377 
890

(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 Pollution Act of 1990 (33 

U.S.C. 2712(a)(5)); and of which $11,000,000 shall remain available 

until September 30, 2019, of which $6,000,000 is solely for grants 

authorized by the Coast Guard Authorization Act of 2010 (46 

U.S.C. 4502(i) and (j)) and $5,000,000 is to meet the obligations 

specified in 14 U.S.C. 98(b): Provided, That not to exceed $23,000 

shall be for official reception and representation expenses. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 

19 of title 14, United States Code, $13,315,000, to remain available 

until September 30, 2021. 

RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve; operations 

and maintenance of the Coast Guard Reserve Program; personnel 

and training costs; and equipment and services; $112,302,000. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Coast Guard for acquisition, construction, renovation, and improvement of aids to navigation, shore 

facilities (including facilities at Department of Defense installations 

used by the Coast Guard), vessels, and aircraft, including equipment related thereto, $1,370,007,000; of which $20,000,000 shall be 

derived from the Oil Spill Liability Trust Fund to carry out the 

purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

U.S.C. 2712(a)(5)); and of which $1,256,655,000 shall be available 

until September 30, 2021, of which $95,000,000 shall be immediately available and allotted to contract for long lead time materials for the tenth National Security Cutter notwithstanding the 

availability of funds for production or post-production costs. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses of the Coast Guard for research, development, test, and evaluation; and for maintenance, rehabilitation, 

lease, and operation of facilities and equipment; $36,319,000, to remain available until September 30, 2019, of which $500,000 shall 

be derived from the Oil Spill Liability Trust Fund to carry out the 

purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

U.S.C. 2712(a)(5)): Provided, That there may be credited to and 

used for the purposes of this appropriation funds received from 

State and local governments, other public authorities, private 

sources, and foreign countries for expenses incurred for research, 

development, testing, and evaluation. 
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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 for 

medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,666,940,000, to remain 

available until expended. 

UNITED STATES SECRET SERVICE

OPERATIONS AND SUPPORT

For necessary expenses of the United States Secret Service for 

operations and support, including purchase of not to exceed 652 vehicles for police-type use for replacement only; hire of passenger 

motor vehicles; purchase of motorcycles made in the United States; 

hire of aircraft; rental of buildings in the District of Columbia, fencing, lighting, guard booths, and other facilities on private or other 

property not in Government ownership or control, as may be necessary to perform protective functions; conduct of and participation 

in firearms matches; presentation of awards; conduct of behavioral 

research in support of protective intelligence and operations; payment in advance for commercial accommodations as may be necessary to perform protective functions; and payment, without regard to section 5702 of title 5, United States Code, of subsistence 

expenses of employees who are on protective missions, whether at 

or away from their duty stations; $1,821,451,000; of which 

$42,966,000 shall remain available until September 30, 2018, of 

which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children; and of which not less 

than $13,869,000 shall be for activities related to training in electronic crimes investigations and forensics: Provided, That not to exceed $19,125 shall be for official reception and representation expenses: Provided further, That not to exceed $100,000 shall be to 

provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the United States Secret Service for 

procurement, construction, and improvements, $90,627,000, to remain available until September 30, 2019. 

RESEARCH AND DEVELOPMENT

For necessary expenses of the United States Secret Service for 

research and development, $2,500,000, to remain available until 

September 30, 2018. 

ADMINISTRATIVE PROVISIONS

SEC. 201. (a) 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 provi-
892

sion 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. 

(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. 
893

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 

(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. 
894

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 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 
895

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 $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. 
896

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. 

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. 

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. 
897

OFFICE OF HEALTH AFFAIRS

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Health Affairs for oper- ations 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.

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 

not to exceed $2,250 shall be for official reception and representation expenses. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Federal Emergency Management 

Agency for procurement, construction, and improvements, 

$35,273,000, to remain available until September 30, 2018. 

FEDERAL ASSISTANCE

For activities of the Federal Emergency Management Agency for 

Federal assistance through grants, contracts, cooperative agreements, and other activities, $2,983,458,000, which shall be allocated as follows: 

(1) $467,000,000 for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 

(6 U.S.C. 605), of which $55,000,000 shall be for Operation 

Stonegarden: Provided, 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 
898

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 Overthe-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. 

(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 Home-
899

owner 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): 

Provided further, That the amounts collected under section 102 of 

the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and 

section 1366(e) of the National Flood Insurance Act of 1968 shall 

be deposited in the National Flood Insurance Fund to supplement 

other amounts specified as available for section 1366 of the National Flood Insurance Act of 1968, notwithstanding section 

102(f)(8), section 1366(e), and paragraphs (1) through (3) of section 

1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)– 

(3)): Provided further, That total administrative costs shall not exceed 4 percent of the total appropriation: Provided further, That up 

to $5,000,000 is available to carry out section 24 of the Homeowner 

Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033). 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 301. The 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; 
900

(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; 

(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 
901

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 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 concur-
902

rent 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. 

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 EVerify 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 
903

$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.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Domestic Nuclear Detection Office 

for procurement, construction, and improvements, $101,053,000, to 

remain available until September 30, 2019. 

RESEARCH AND DEVELOPMENT

For necessary expenses of the Domestic Nuclear Detection Office 

for research and development, $155,061,000, to remain available 

until September 30, 2019. 

FEDERAL ASSISTANCE

For necessary expenses of the Domestic Nuclear Detection Office 

for Federal assistance through grants, contracts, cooperative agreements, and other activities, $46,328,000, to remain available until 

September 30, 2019. 

ADMINISTRATIVE PROVISIONS

SEC. 401. Notwithstanding any other provision of law, funds otherwise made available to U.S. Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to 

5 vehicles, for replacement only, for areas where the Administrator 

of General Services does not provide vehicles for lease: Provided,

That the Director of U.S. Citizenship and Immigration Services 

may authorize employees who are assigned to those areas to use 
904

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 

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. 
905

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). 

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 
906

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 ac- tivities 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. 

(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,
907

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. 

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 multiyear 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 
908

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. 

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, 
909

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 

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.
910

(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 full-time positions or costs more than $5,000,000 in a single year before the end 

of the 30-day period beginning on the date on which 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 
911

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’’; 

(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’’; 
912

(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’’. 

(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’’. 
913

(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’’; (19) $1,094,894 from ‘‘Transportation Security Agency—Aviation Security’’; and (20) $228,240 from ‘‘Transportation Security Agency—Transportation Security Support’’. 

(RESCISSION)

SEC. 537. From the unobligated balances available in the Department of the Treasury Forfeiture Fund established by section 9703 

of title 31, United States Code (added by section 638 of Public Law 

102–393), $187,000,000 shall be rescinded. 

(RESCISSION)

SEC. 538. Of the unobligated balances made available to ‘‘Federal 

Emergency Management Agency—Disaster Relief Fund’’, 

$789,248,000 shall be rescinded: Provided, That no amounts may 

be rescinded from amounts that were designated by the Congress 

as an emergency requirement pursuant to a concurrent resolution 

on the budget or the Balanced Budget and Emergency Deficit Con-
914

trol 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 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 
915

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 

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 Rep-
916

resentatives a risk-based plan for improving security along the borders of the United States, including the use of personnel, fencing, 

other forms of tactical infrastructure, and technology, that— 

(1) defines goals, objectives, activities, and milestones; 

(2) includes a detailed implementation schedule with estimates for the planned obligation of funds for fiscal year 2017 

through fiscal year 2021 that are linked to the milestone-based 

delivery of specific— 

(A) capabilities and services; 

(B) mission benefits and outcomes; 

(C) program management capabilities; and 

(D) lifecycle cost estimates; 

(3) describes how specific projects under the plan will enhance border security goals and objectives and address the 

highest priority border security needs; 

(4) identifies the planned locations, quantities, and types of 

resources, such as fencing, other physical barriers, or other tactical infrastructure and technology; 

(5) includes a description of the methodology and analyses 

used to select specific resources for deployment to particular locations that includes— 

(A) 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—

(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. 
917

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’’. 

(919)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H3807 of Book II. 

[CLERK’S NOTE: Reproduced below is the material relating to division F contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION F—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2017 

The following is an explanation of Division F, which makes appropriations for the Department of Homeland Security (DHS) for 

fiscal year 2017. Funding provided in this Act not only sustains existing programs that protect the nation from all manner of threats, 

it ensures DHS’s ability to improve preparedness at the federal, 

state, and local levels, to prevent and respond to terrorist attacks, 

and to hire, train, and equip DHS frontline forces protecting the 

homeland.

Unless otherwise noted, references to the House and Senate reports are to House Report 114–668 and Senate Report 114–264, respectively. The language and allocations contained in the House 

and Senate reports carry the same weight as language included in 

this explanatory statement unless specifically addressed to the contrary in the bill or this explanatory statement. While this explanatory statement repeats some language from the House or Senate 

reports for emphasis, it does not negate the language contained in 

those reports unless expressly stated. When this explanatory statement refers to the Committees or the Committees on Appropriations, these references are to the House Appropriations Subcommittee on Homeland Security and the Senate Appropriations 

Subcommittee on Homeland Security. 

This explanatory statement refers to certain laws and organizations as follows: the Implementing Recommendations of the 9/11 

Commission Act of 2007, Public Law 110–53, is referenced as the 

9/11 Act; the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93–288, is referenced as the Stafford Act; 

the Department of Homeland Security is referenced as DHS or the 

Department; the Government Accountability Office is referenced as 

GAO; and the Office of Inspector General of the Department of 

Homeland Security is referenced as OIG. In addition, ‘‘full-time 

equivalents’’ are referred to as FTE; ‘‘full-time positions’’ are referred to as FTP; ‘‘Information Technology’’ is referred to as IT; the 

DHS ‘‘Working Capital Fund’’ is referred to as WCF; ‘‘program, 

project, and activity’’ is referred to as PPA; and any reference to 

‘‘the Secretary’’ should be interpreted to mean the Secretary of the 

Department of Homeland Security. 

On March 16, 2017, the President delivered a budget amendment to the Congress that requested an additional $3,000,000,000 for 
920

DHS to strengthen border security and enhance enforcement of immigration laws. Appropriations related to that request are included 

in title VI of this division. 

CHANGES TO THE STRUCTURE OF THE BILL AND REPORT

Since DHS was established in 2002, the 22 agencies that were 

consolidated into a single department have formulated and executed their respective budgets using their legacy appropriation account structures and budgeting practices. Within months of being 

confirmed, then-Secretary Jeh Johnson announced a Unity of Effort 

campaign with the goal of maturing DHS into an organization that 

functions in a more integrated and joint fashion. A strategic imperative of that campaign was to develop and institutionalize standard 

planning, budgeting, acquisition, and resourcing processes that 

every component would be required to follow. 

The Department’s more than 70 disparate accounts were contributing to a lack of transparency and comparability among components and programs, and were adding unnecessary complexity to 

spending prioritization. To address these issues, the Department 

recommended that the existing account structure be simplified into 

four common account categories under which programs and activities could be funded consistently across departmental components 

based on common assumptions and definitions. The categories are: 

Operations and Support; Procurement, Construction, and Improvements; Research and Development; and Federal Assistance. In fiscal year 2016, Congress supported the concept of common appropriations accounts for every component and authorized DHS to propose the fiscal year 2017 DHS budget in a structure that incorporated these four account types. 

In accordance with this authority, DHS proposed the fiscal year 

2017 budget request in a common format for every organization except the Coast Guard, which requires additional time to coordinate 

the change as it also transitions to a new financial management 

system. The appropriations account and PPA structure reflected in 

this Act is the culmination of that two year effort. 

In addition to incorporating the new standard structure, the fiscal year 2017 Department of Homeland Security Appropriations 

bill has been re-written, updated, and streamlined. The bill continues to be divided into titles, the first four of which contain appropriations. Each appropriations paragraph begins with a lump 

sum appropriation, followed by any necessary carve-outs of 

amounts for specific activities or for multi-year availability, and 

concludes with spending limitations, when needed. Administrative 

provisions specific to a single component are included at the end 

of its respective title, while general provisions that pertain to multiple components are located in title V. This explanatory statement 

is organized in the same manner. 

Every appropriating paragraph has been scrutinized and drafted 

to follow the Comptroller General’s Federal Principles of Appropriations Law and adheres to a core principal that the purpose of a 

lump sum appropriation is determined in the context of the agency’s enabling and authorizing legislation. As such, appropriations 

paragraphs do not enumerate every statute that authorizes DHS to 

act, in order for funding to be available for those purposes. 
921

Likewise, the appropriating paragraphs do not need, nor is it 

possible, to explicitly enumerate every item or activity for which 

the appropriation is available. Accordingly, previously enumerated 

activities that are considered to be part of a component’s necessary 

expenses are no longer expressly included. Further, the format of 

the bill has been restructured to move those provisions not organic 

to the appropriation of funds into administrative or general provisions. Certain language from prior Acts that directed policies or 

practices was eliminated if its appearance in statute is no longer 

required, although directives related to such policies or practices 

are in some cases continued through language in this statement or 

in the House or Senate reports. 

DHS provided assistance in identifying instances where specificity in appropriations paragraphs was required for funds to be 

used for certain purposes. As presented, the bill reflects that careful consideration. With regard to expired authorizations, the bill 

provides explicit extensions where so intended. 

CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND EXPLOSIVES

OFFICE

The fiscal year 2017 budget request proposed the consolidation of 

the Office of Health Affairs, the Domestic Nuclear Detection Office, 

the Office of Bombing Prevention, and selected activities of the 

Science and Technology Directorate, into a new Chemical, Biological, Radiological, Nuclear, and Explosives (CBRNE) Office. As this 

proposed CBRNE consolidation was not authorized by Congress, 

the amounts appropriated for these activities for fiscal year 2017 

are provided to the component for which the funds were appropriated in prior years. The amounts requested for CBRNE are displayed in the table at the end of this statement. 

CLASSIFIED PROGRAMS

Recommended adjustments to classified programs are addressed 

in a classified annex to this explanatory statement. 

TITLE I—DEPARTMENTAL MANAGEMENT, OPERATIONS, 

INTELLIGENCE, AND OVERSIGHT 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

OPERATIONS AND SUPPORT

A total of $137,034,000 is provided for Operations and Support, 

including not more than $40,000 for official reception and representation (ORR) expenses. A decrease of $5,000 is assessed to the Secretary’s ORR funds due to the assumption of $880,000,000 in unauthorized fee revenue in the fiscal year 2017 budget request that artificially reduced the amount of net discretionary appropriations required to fully fund the Transportation Security Administration. 

DHS should be prepared for additional decrements to ORR funds 

and other headquarters activities in the future should future requests include similar proposals. 

The amount provided for this appropriation by PPA is as follows: 
922

Budget Estimate Final Bill 

Operations and Support..

Office of the Secretary ................................................................... $22,287,000 $18,632,000 

Office of Policy ............................................................................... 37,049,000 37,461,000 

Office of Public Affairs ................................................................... 5,384,000 5,000,000 

Office of Legislative Affairs ........................................................... 5,287,000 5,080,000 

Office of Partnership and Engagement ......................................... 11,692,000 15,206,000 

Office of General Counsel .............................................................. 19,298,000 19,298,000 

Office for Civil Rights and Civil Liberties ..................................... 21,403,000 22,571,000 

Office of the Citizenship and Immigration Services 

Ombudsman ............................................................................................. 6,200,000 5,935,000 

Privacy Office .................................................................................. 7,851,000 7,851,000 

Subtotal, Operations and Support ......................................... $136,451,000 $137,034,000 

Total, Office of the Secretary and Executive Management ........... $136,451,000 $137,034,000 

OFFICE OF THE SECRETARY

A total of $18,632,000 is provided for the Office of the Secretary. 

Instead of including funds for the Office of Community Partnerships within this amount, as proposed by the Senate, funds for that 

program are included in the Office of Partnership and Engagement 

PPA, as proposed by the House. 

In lieu of direction provided in the House and Senate reports regarding activities of the Joint Requirements Council (JRC), the Department shall provide status updates on these activities to the 

Committees on a monthly basis. Specifically, the updates shall include a list of the requirements documents that have been validated as well as those that remain in the analysis phase at the 

DHS JRC level. Validated documents shall be made available to 

the Committees upon request. 

The Secretary is directed to convene a Public Complaint and 

Feedback System working group, as described in the House Report, 

and to provide briefings to the Committees within 90 days and 270 

days of the date of enactment of this Act on the group’s progress 

and findings. 

OFFICE OF POLICY

A total of $37,461,000 is provided for the Office of Policy. 

Section 107 of the Act withholds $2,000,000 from the Office of 

the Secretary until two long-standing required reports are provided 

to the Congress. First, as described in the Senate report, DHS is 

legally obliged to submit an annual report estimating the U.S. population of nonimmigrant aliens who have overstayed their visas. 

The Department submitted such a report for fiscal year 2015, but 

has not yet submitted a report for fiscal year 2016. DHS is expected to improve upon the scope of the data provided in the fiscal 

year 2015 report in its forthcoming report. 

Second, under the headings ‘‘Border Security Metrics’’ and ‘‘Public Reporting of Operational Statistics,’’ the Senate report outlines 

congressional and public interest in border security metrics and immigration operations data. Recently issued executive orders also require public reporting of such data, which the Department has 

begun to post. For years, Congress has directed DHS to develop 

border security metrics that quantify the operational impact of bor-
923

der security investments. Though progress has been made, DHS 

has still failed to produce these metrics. The Department shall 

brief the Committees within 90 days of the date of enactment of 

this Act on its plan to develop and publish the metrics described 

in the Senate report. As directed in the Senate report, $600,000 above the request 

shall support qualified data analysts in the Office of Immigration 

Statistics.

In addition to the House directive to provide a comprehensive review of the number and locations of all DHS personnel deployed 

overseas, the Office of Policy shall identify where redundant staff 

are located and explain why they are required. 

As directed in the Senate report, the Department shall report on 

the deployment and usage of International Mobile Subscriber Identity (IMSI) catchers and related technologies within 180 days of the 

date of enactment of this Act. 

OFFICE OF PARTNERSHIP AND ENGAGEMENT

A total of $15,206,000 is provided for the Office of Partnership 

and Engagement, which includes $3,514,000 for the Office of Community Partnerships. 

A total of $819,000 is provided for the Blue Campaign, as requested. DHS is directed to fully account for and provide justification material for this program in future budget requests. 

OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES

A total of $22,571,000 is provided for the Office for Civil Rights 

and Civil Liberties. 

As directed in the House Report, the increase of $1,168,000 above 

the President’s request supports enhancements to programs in the 

Compliance Branch. 

MANAGEMENT DIRECTORATE

OPERATIONS AND SUPPORT

A total of $597,817,000 is provided for Operations and Support 

of the Management Directorate. Of this amount, not more than 

$2,000 is available for official reception and representation expenses. Within the total, $194,092,000 is available until September 

30, 2018, to include $4,800,000 for St. Elizabeths, $186,361,000 for 

the Chief Information Officer (CIO), and $2,931,000 for headquarters operations at the Nebraska Avenue Complex. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Operations and Support:.

Immediate Office of the Under Secretary for Management ........... $3,758,000 $3,564,000 

Office of the Chief Readiness Support Officer .............................. 128,177,000 54,275,000 

Office of the Chief Human Capital Officer .................................... 36,446,000 39,026,000 

Office of the Chief Security Officer ................................................ 61,723,000 63,102,000 

Office of the Chief Procurement Officer ........................................ 101,450,000 98,076,000 

Office of the Chief Financial Officer .............................................. 100,041,000 53,700,000 

Office of the Chief Information Officer .......................................... 296,176,000 286,074,000 

Subtotal, Operations and Support ......................................... $727,771,000 $597,817,000 
924

IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

A total of $3,564,000 is provided for the Immediate Office of the 

Under Secretary for Management, reflecting a reduction to the request of $194,000 based on updated hiring projections. The requirement from prior years to submit a Comprehensive Acquisition Status Report with future budget requests and quarterly updates is 

discontinued.

OFFICE OF THE CHIEF READINESS SUPPORT OFFICER

A total of $54,275,000 is provided for the Office of the Chief Readiness Support Officer, to include $26,180,000 for St. Elizabeths 

headquarters operations and a reduction of $500,000 from the request based on updated hiring projections. 

In addition to the funding provided under this heading for St. Elizabeths, $13,253,000 is provided in title V of this Act for tenant 

designs for a new FEMA headquarters and remaining elements of 

the Center Building Complex. 

For several years, CBP’s Air and Marine Operations has been refining a flight hour model similar to that of the Coast Guard to 

track costs and link them to mission requirements. The Department is directed to review the model to ensure consistency across 

both CBP and the Coast Guard, and to brief the Committees on a 

quarterly basis until flight hour costs are captured completely and 

accurately across the Department’s air fleet. 

OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER

A total of $39,026,000 is provided for the Office of the Chief Human Capital Officer. A reduction of $240,000 is assessed based 

on an updated hiring projection, and an increase of $2,820,000 is 

provided to transition the Cyber Student Volunteer Program into 

a DHS Cybersecurity Internship Program. 

As directed in the Senate and House reports, DHS is directed to 

continue working with every component to develop metrics on hiring, attrition, the processes used to bring staff on board, and a hiring corrective action plan. DHS shall brief the Committees not 

later than 90 days after the date of enactment of this Act on its 

strategy to decrease the number of days it takes to hire new employees. As part of this briefing, DHS shall provide quarterly hiring 

metrics by component and detail its progress toward monthly 

metrics reporting. Further, the briefing shall address progress 

made to establish reciprocity with other agencies on polygraph examinations and security clearances. CBP shall continue monthly 

reporting of hiring gains and attrition losses. 

OFFICE OF THE CHIEF SECURITY OFFICER

A total of $63,102,000 is provided for the Office of the Chief Security Officer, to include an increase of $1,379,000 for recurring security needs at the Nebraska Avenue Complex. 

OFFICE OF THE CHIEF PROCUREMENT OFFICER

A total of $98,076,000 is made available for the Office of the 

Chief Procurement Officer, to include a reduction of $3,347,000 

based on an updated hiring projection. 
925

OFFICE OF THE CHIEF FINANCIAL OFFICER

A total of $53,700,000 is provided for the Office of the Chief Financial Officer (OCFO). DHS is directed to retain its Appropriations Liaison Office as part of OCFO. 

The Department shall continue submitting obligation plans to 

the Committees on a quarterly basis, with the first plan due within 

45 days of enactment of this Act. These plans shall be consistent 

with direction provided in the explanatory statement accompanying 

Public Law 114–113, which required comparisons of planned and 

actual obligations, by PPA, of all salaries and benefits funding. 

At congressional direction, DHS plans to improve the clarity and 

completeness of budget justification materials, particularly for procurement accounts. Clarity and completeness is equally important 

for Operations and Support accounts, given the size of many of 

these appropriations and the flexibility DHS currently has to move 

funds among PPAs. Therefore, in future budget justification materials, DHS is directed to include a breakout of each account by cost 

driver, including cost drivers for any proposed programmatic 

changes. Additionally, the materials must clearly justify any 

changes in cost driver assumptions from the prior fiscal year to the 

budget year. 

Funding provided in this Act shall be obligated in accordance 

with Section 2.0 of Chapter 2 of the Department of Homeland Security Financial Management Policy Manual, dated October 1, 2016, 

entitled ‘‘DHS Appropriations Structure.’’ The Department is directed to notify the Committees regarding any substantive revisions to this manual. 

OFFICE OF THE CHIEF INFORMATION OFFICER

A total of $286,074,000 is provided for the Office of the Chief In- formation Officer, to include reductions of $8,002,000 based on an 

updated hiring projection and $2,100,000 to Legacy Information 

Technology Services. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

A total of $18,839,000 is provided for the Management Directorate for procurement, construction, and improvements. 

RESEARCH AND DEVELOPMENT

A total of $2,500,000 is provided for the Management Directorate 

for research and development. 

INTELLIGENCE, ANALYSIS, AND OPERATIONS COORDINATION

OPERATIONS AND SUPPORT

A total of $263,551,000 is provided for Intelligence, Analysis, and 

Operations Coordination, of which $106,115,000 is available until 

September 30, 2018. 

Within the amount, the Office of Intelligence and Analysis (I&A) 

is directed to implement the Document and Media Exploitation program and to build an Analytic Innovation Cell. Both programs will 

provide actionable intelligence to DHS’s front line, enabling capabilities ranging from the identification of fraudulent passports to 
926

the exploitation of information that disrupts transnational criminal 

organizations. I&A is commended for prioritizing its budget requirements to support DHS’s operational components. 

As directed by the Senate, I&A is directed to assess the level of 

effort it provides to support the Department’s critical border security mission. 

OFFICE OF INSPECTOR GENERAL

OPERATIONS AND SUPPORT

A total of $175,000,000 is provided for the Office of Inspector 

General (OIG). The agreement does not include a proposed 

$24,000,000 transfer to the OIG from the Federal Emergency Management Agency (FEMA) Disaster Relief Fund (DRF). Instead, the 

OIG is directed to allocate not less than $20,856,000 to disaster-related investigations and audits. Additionally, the recommendation 

includes a decrease of $3,000,000 from the request based on updated hiring projections. 

TITLE I—ADMINISTRATIVE PROVISIONS—THIS ACT 

Section 101. A provision proposed by the House and Senate is 

continued requiring the Secretary to submit the Future Years 

Homeland Security Program at the time of the President’s budget 

proposal for fiscal year 2018. 

Section 102. A provision proposed by the House and Senate is 

continued and modified requiring the Chief Financial Officer to 

submit monthly budget execution and staffing reports within 30 

days after the last day of each month. 

Section 103. A provision proposed by the House and Senate is 

continued requiring the Inspector General to review grants and 

contracts awarded by means other than full and open competition 

and report the results to the Committees. 

Section 104. A provision proposed by the House and Senate is 

continued directing the Secretary to require contracts providing 

award fees to link such fees to successful acquisition outcomes. 

Section 105. A provision proposed by the House and Senate is 

continued requiring the Secretary, in conjunction with the Secretary of the Treasury, to notify the Committees of any proposed 

transfers from the Department of Treasury Forfeiture Fund to any 

agency at DHS. No funds may be obligated prior to such notification.

Section 106. A provision proposed by the House and Senate is 

continued related to the official travel costs of the Department’s 

Secretary and Deputy Secretary. 

Section 107. A provision proposed by the Senate is continued and 

modified requiring the Secretary to submit a report on visa overstay data and to post border security metrics on the Department’s 

website. The House proposed no similar provision. 

Section 108. A new provision is included requiring the Secretary 

to certify whether U.S. Immigration and Customs Enforcement is 

administering and executing its Enforcement and Removal Operations activities consistent with available budgetary authority. 
927

TITLE II—SECURITY, ENFORCEMENT, AND 

INVESTIGATIONS

U.S. CUSTOMS AND BORDER PROTECTION

OPERATIONS AND SUPPORT

A total of $10,900,636,000 is provided for Operations and Sup- port, of which $681,441,500 is made available for two years to provide flexibility in the year of execution. The total includes increases 

of $3,000,000 for the Border Security Deployment Program; 

$4,000,000 for small unmanned aerial systems (UAS); and 

$15,000,000 for UAS fleet upgrades. Reductions to the request include: $236,430,000 due to the denial of the requested transfer of 

the Office of Biometric Identity Management (OBIM) into CBP; and 

to support a realistic number of FTE, $200,633,000 from pay and 

benefits and $10,000,000 for non-pay and benefit funding. The bill reduces funding for staffing by $200,633,000 based on 

technical assistance provided by CBP in March of 2017 indicating 

it would hire 3,000 fewer staff than originally projected. Analysis 

of this revised hiring projection, however, indicates a further problem with CBP’s funding estimates for personnel, because a reduction of 3,000 personnel should translate into savings of at least 

$450,000,000. CBP is directed to provide greater details underlying 

its personnel costs and FTE model in the fiscal year 2018 request, 

and to revise its hiring projections at least quarterly to ensure the 

Committees have timely, accurate projections while formulating the 

funding levels for CBP’s fiscal year 2018 appropriations. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Operations and Support:.

Border Security Operations:.

U.S. Border Patrol:.

Operations ..................................................................... $3,760,054,000 $3,681,084,000 

Assets and Support ...................................................... 492,508,000 486,508,000 

Office of Training and Development ..................................... 56,819,000 54,221,000 

Subtotal, Border Security Operations .................. $4,309,381,000 $4,221,813,000 

Trade and Travel Operations:.

Office of Field Operations:.

Domestic Operations ..................................................... 2,886,008,000 2,734,840,000 

International Operations ............................................... 126,225,000 131,425,000 

Targeting Operations .................................................... 131,941,000 149,773,000 

Assets and Support ...................................................... 1,001,815,000 832,367,000 

Office of Trade ....................................................................... 196,997,000 192,330,000 

Office of Training and Development ..................................... 49,929,000 50,354,000 

Subtotal, Trade and Travel Operations ............... $4,392,915,000 $4,091,089,000 

Integrated Operations:.

Air and Marine Operations:.

Operations ..................................................................... 301,908,000 266,764,000 

Assets and Support ...................................................... 484,704,000 507,704,000 

Air and Marine Operations Center ............................... 37,133,000 45,138,000 

Office of International Affairs ............................................... 35,018,000 36,513,000 

Office of Intelligence ............................................................. 66,566,000 58,492,000 

Office of Training and Development ..................................... 5,807,000 5,807,000 

Operations Support ................................................................ 93,080,000 93,259,000 

Subtotal, Integrated Operations .......................... $1,024,216,000 $1,013,677,000 

Mission Support:.
928

Budget Estimate Final Bill 

Enterprise Services ................................................................ 1,336,054,000 1,312,986,000 

(Harbor Maintenance Trust Fund) ................................ (3,274,000) (3,274,000) 

Office of Professional Responsibility ..................................... 180,583,000 167,163,000 

Executive Leadership and Oversight ............................ 97,809,000 93,908,000 

Subtotal, Mission Support ................................... $1,614,446,000 $1,574,057,000 

Total, Operations and Support ..................................... $11,340,958,000 $10,900,636,000 

(by Discretionary Appropriation) ................................... (11,337,684,000) (10,897,362,000) 

(by Harbor Maintenance Trust Fund) ........................... (3,274,000) (3,274,000) 

BORDER SECURITY OPERATIONS

Although the agreement does not include a provision from prior 

years mandating a workforce floor for Border Patrol Agents (BPA), 

CBP is directed to continue working to develop a fully justified 

workforce staffing model that will provide validated requirements 

for all U.S. borders and to brief the Committees on its progress in 

this regard not later than 30 days after the date of enactment of 

this Act. 

Prior to completion of a BPA workforce staffing model, CBP is directed to maintain a minimum staffing presence of 2,212 agents 

along the northern border, and is expected to increase that number 

as warranted by ongoing assessments of risk. 

Within 120 days of the date of enactment of this Act, CBP shall 

brief the Committees on actions taken to track the costs and measure the effectiveness of consequence delivery systems. In addition, 

CBP and the Science and Technology Directorate shall jointly brief 

the Committees on requirements and a concept of operations for 

small UAS, as directed in the House report. 

TRADE AND TRAVEL OPERATIONS

As directed in the House report, CBP shall provide a detailed expenditure plan for biometric exit activities within 90 days of the 

date of enactment of this Act. To the extent practicable, the plan 

should outline how innovative technology and effective collaboration with airports and airlines will minimize the need for additional CBP staffing. 

Within 180 days of the date of enactment of this Act, CBP shall 

provide an updated resource allocation model for the Office of Field 

Operations detailing specific staffing, overtime, hours of operation, 

and funding for and implementation of planned enforcement initiatives, delineated by field office. 

As directed in the House and Senate reports, CBP shall provide 

a multi-year investment plan for Non-Intrusive Inspection equipment with the fiscal year 2019 budget. 

CBP recently implemented its Electronic Visa Update System 

(EVUS) before securing authority from Congress to impose fees 

that would cover its costs. As a result, U.S. taxpayers are left to 

foot a bill of $27,800,000 for activities that are more appropriately 

borne by visitors to the United States who use the system. The 

Committees caution that providing appropriated resources for a 

program benefitting a selected group of travelers is not sustainable. 

CBP shall provide monthly updates on its efforts to secure statutory authority for fee collections. 
929

INTEGRATED OPERATIONS

An increase of $15,000,000 above the request is provided to upgrade the UAS fleet to a single configuration. CBP is directed to 

use any contract savings associated with the UAS reconfiguration 

to implement high-priority improvements to UAS operations. CBP 

is also directed to utilize any contract savings from other programs 

for the deployment, operation, and maintenance of modern DoDReuse aerostats to help modernize and enhance surveillance capability, including increased maritime domain awareness of the littoral borders and the integration of data from deployed aerostats 

into the Air and Marine Operations Center network for analysis 

and information sharing. An increase of $8,000,000 above the request is provided for facilities improvements, buildout, and other 

enhancements necessary to ensure continuity of UAS training programs.

MISSION SUPPORT

In the fiscal year 2018 request, CBP is directed to detail all of 

the costs associated with operating Enterprise Services, including 

all staffing and administrative support, planned contract awards, 

and efficiencies realized by establishing this new organizational 

unit.

CBP is directed to provide quarterly briefings on progress in implementing each of the 39 recommendations made by the CBP Integrity Advisory Panel, as detailed in the Senate report, and on the 

status of implementing other recommendations on the use of force 

and employee misconduct, as described in the House report. 

CBP continues to struggle in hiring and retaining funded levels 

of Border Patrol agents and CBP officers, particularly at remote locations along the northern and southern borders. CBP is directed 

to work with the Office of Personnel Management as necessary to 

identify and utilize incentives to improve retention in hard to fill 

locations and to evaluate the potential impact of offering additional 

career path enhancements to personnel who choose those locations. 

CBP is encouraged to work with community, local, and tribal colleges to assist with recruitment efforts. In addition, CBP should 

continue collaborating with DOD, as required by the Border Jobs 

for Veterans Act (Public Law 114–68), to facilitate the recruitment 

of personnel exiting the military. 

Within 120 days of the date of enactment of this Act, CBP shall 

brief the Committees on a comprehensive recruitment and retention strategy, including an assessment of options to address agency 

human capital requirements. In addition, CBP is directed to include the most critical components of this strategy in the fiscal 

year 2018 budget request, and to continue providing monthly data 

to the Committees on frontline staffing levels. 

CBP continues performing capabilities gap (C–GAP) analyses, 

and more than one year after inquiries on how the analyses fit together, has not articulated how CBP leadership will use the reviews to improve CBP and DHS-wide collaboration and coordination. Within 90 days of the date of enactment of this Act, CBP shall 

brief the Committees on coordination and results of the requirements analysis process, as detailed in the Senate report. 
930

CBP’s finalization of the Single Window streamlined certain 

manual and automated processes, but more work remains to ensure that industry and Partner Government Agencies communicate 

efficiently and effectively. Within 90 days of the date of enactment 

of this Act, CBP shall brief the Committees on the prioritization of 

development efforts, as well as estimated timelines and costs for refining the Automated Commercial Environment (ACE). CBP is directed to ensure that the rescission of prior year funding included 

in this Act does not impact the development or operation and maintenance of ACE. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

A total of $273,617,000 is provided for Procurement, Construction, and Improvements. The bill includes increases of $15,941,000 

for an additional multi-role enforcement aircraft, $31,500,000 for 

additional light enforcement helicopters, and $43,459,000, as requested, for continued deployment of Integrated Fixed Towers, including replacement of SBInet Block 1. The bill also includes the 

following reductions to the request: $11,000,000 from Non-Intrusive 

Inspection equipment due to planned carryover of funds into fiscal 

year 2018; $19,000,000 associated with a proposed construction 

project for which insufficient funds were requested; and 

$56,507,000 due to the denial of the request to transfer OBIM from 

NPPD to CBP. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Procurement, Construction, and Improvements: 

Border Security Assets and Infrastructure ..................................... $45,942,000 $45,942,000 

Trade and Travel Assets and Infrastructure .................................. 130,349,000 60,842,000 

Integrated Operations Assets and Infrastructure: 

Airframes and Sensors .......................................................... 68,617,000 116,058,000 

Construction and Facility Improvements ........................................ 39,775,000 20,775,000 

Mission Support Assets and Infrastructure ................................... 38,707,000 30,000,000 

Subtotal, Procurement, Construction, and Improvements ....................................................................... $323,390,000 $273,617,000 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

OPERATIONS AND SUPPORT

A total of $6,168,532,000 is provided for Operations and Support. 

ICE is directed to brief the Committees on its obligation plan for 

the use of these funds, as specified under title I of this statement. 

ICE continues to struggle with financial management across the 

agency. The underlying problems stem, in large part, from the limited authority and organizational placement of the ICE Chief Financial Officer (CFO) position, which is subordinated to the Executive Associate Directors of the operational units—Homeland Security Investigations and ERO. 

The Director of ICE has an inherent fiduciary responsibility to 

ensure that funding provided by taxpayers to the agency is executed in the most efficient and effective manner possible. As the 

senior resource manager, the CFO has a vital role as a neutral advisor to the Director on financial management issues. Unless the 
931

CFO reports directly to the Director, that individual is not positioned to provide the Director with unfiltered financial information, 

provide advance warning of concerns, or recommend resource-conscious alternatives. In essence, this lack of information denies the 

Director full knowledge of resource issues and the ability to make 

sound decisions based on all relevant information. The Director of 

ICE is strongly urged to elevate the position of CFO within the organization and to expand the CFO’s responsibilities to include 

agency-wide resource management activities and funds control. 

Financial management weaknesses have been a particular problem within ERO, as discussed below under the Custody Operations 

heading. The lack of fiscal discipline and cavalier management of 

funding for detention operations, evidenced by inaccurate budget 

formulation and uneven execution, seems to be the result of a perception that ERO is funded by an indefinite appropriation. This belief is incorrect. ICE has a duty and responsibility to the Department, the Congress, and to taxpayers to be forthright in the identification of its requirements and the proper execution of its funding. 

It must manage-to-budget and cannot operate under the false perception that Congress will provide a bailout if financial controls fail 

or are simply ignored. 

To begin to address these concerns, a provision in this Act requires the Secretary or the DHS CFO to certify to the Committees 

on a monthly basis whether ERO is operating consistently with the 

annual funding levels provided in this Act. The first certification 

will occur not later than 30 days after the date of enactment of this 

Act.

Another obstacle to sound financial management at ICE has been 

its approach to paying for service-wide costs (SWC), such as rent, 

overtime, utilities, and security. Instead of budgeting transparently 

for these costs, ICE has historically relied on post-enactment assessments against the appropriations of agency components and 

programs to support them. Burying SWC in mission budgets makes 

oversight by ICE leadership and Congress significantly more difficult, leading to unchecked cost growth. In Custody Operations, for 

instance, SWC funding within the bed rate grew by 40 percent between fiscal year 2015 and fiscal year 2016; it is estimated to increase by another 33 percent in fiscal year 2017. 

OMB Circular A–76 sets a standard of 12 percent as the estimated federal agency overhead factor. Given that ICE also budgets 

for these types of costs in its Mission Support PPA, it is likely that 

the agency’s overhead total significantly exceeds the OMB standard. For the fiscal year 2018 budget, ICE is directed to provide separate budget estimates and detailed justifications for SWC in appropriate Mission Support sub-PPAs or through one or more new 

SWC PPAs. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Operations and Support: 

Homeland Security Investigations: 

Domestic Investigations ........................................................ $1,892,183,000 $1,834,017,000 

International Investigations ................................................... 146,751,000 159,035,000 

Intelligence ............................................................................ 81,996,000 80,141,000 
932

Budget Estimate Final Bill 

Subtotal, Homeland Security Investigations ................ $2,120,930,000 $2,073,193,000 

Enforcement and Removal Operations: 

Custody Operations ................................................................ 2,178,963,000 2,557,542,000 

Fugitive Operations ................................................................ 133,133,000 151,795,000 

Criminal Alien Program ......................................................... 347,455,000 312,350,000 

Alternatives to Detention ....................................................... 125,966,000 125,883,000 

Transportation and Removal Program .................................. 322,694,000 324,236,000 

Subtotal, Enforcement and Removal Operations $3,108,211,000 $3,471,806,000 

Mission Support .............................................................................. 364,489,000 364,533,000 

Office of Principal Legal Advisor ................................................... 268,393,000 259,000,000 

Subtotal, Operations and Support ....................... $5,862,023,000 $6,168,532,000 

HOMELAND SECURITY INVESTIGATIONS

Domestic Investigations. A total of $1,834,017,000 is provided for 

Domestic Investigations to support activities outlined in the House 

and Senate reports. ICE is directed to maintain increased levels of 

effort for all high-priority mission areas, including overstay enforcement and efforts to combat human trafficking and child exploitation, as detailed in the statement accompanying Public Law 114– 

113.

Not less than $305,000 is to promote public awareness of the 

child pornography tip line and for activities to counter child exploitation, and not less than $15,770,000 is for investigations of forced 

labor law violations, to include forced child labor. ICE is directed 

to submit an annual report on expenditures and performance 

metrics associated with forced labor law enforcement activities. 

Of the total amount provided, $10,000,000 is for continuing expanded overstay enforcement investigations and investigative support. ICE is expected to target such investigations on individuals 

who pose a risk to the public, and shall brief the Committees on 

the proposed use of these funds and on its overall overstay enforcement efforts, including its support of Department-wide activities as 

described in Senate Report 114–264, within 60 days of the date of 

enactment of this Act. 

In addition, not less than $10,000,000 is for expanding investigations into severe forms of human trafficking and against suspected 

human traffickers. 

Within the total for Domestic Investigations, $5,000,000 is provided above the request to fully fund ICE’s implementation of 

International Megan’s Law, including the Angel Watch Center. In 

addition, $3,000,000 above the request is provided for enhancements at the Child Exploitation Investigations Unit (CEIU) at the 

Cyber Crimes Center, including $2,000,000 for the Child Victim 

Identification Section and $1,000,000 for CEIU operations. 

The Student and Exchange Visitor Information System (SEVIS) 

was launched in 2002 to mitigate critical vulnerabilities exploited 

by the 9/11 hijackers. ICE is urged to make use of the full 

$171,000,000 in anticipated fee revenue for SEVIS, $26,000,000 

more than the estimate included in the budget request, to expedite 

system development and dedicate additional investigative hours to 

ensuring that students who fail to comply with the terms of their 

visas face appropriate consequences. 
933

International Investigations. A total of $159,035,000 is provided for International Investigations, including $18,000,000 above the 

request for the Visa Security Program to annualize the costs of the 

previously funded program expansion and for expansion to additional high priority locations. ICE is directed to use the risk-based 

methodologies and enforcement metrics outlined in the Senate report to continue to plan and budget for Visa Security Program expansion to at least two high-threat locations per year in future 

budget requests. Efforts to combat the smuggling and trafficking of 

children from Central America shall be continued in fiscal year 

2017 at not less than the fiscal year 2016 level. ICE shall allocate not less than $5,300,000 for war crime investigations, including but not limited to training, transportation, and 

hiring additional personnel at the OPLA Human Rights Law Section and the HSI Human Rights Violators and War Crimes Unit. 

ENFORCEMENT AND REMOVAL OPERATIONS

A total of $3,471,806,000 is provided for Enforcement and Removal Operations. 

ICE’s sex offender notifications are not consistently reaching the 

appropriate law enforcement agencies, despite prior direction from 

the Senate to remediate this problem. The agreement includes an 

additional $2,000,000 to enhance and augment current efforts to 

apprise local law enforcement agencies of offender releases. This 

funding shall be used for contracts with entities to notify the appropriate local law enforcement agencies in real time based on an 

address given by offenders upon their release from ICE. Notifications should include specific crime code information so that they 

can be properly handled and received by the assigned personnel 

within the local law enforcement agencies. 

Custody Operations. A total of $2,557,542,000 is provided for 

Custody Operations, an increase of $378,579,000 over the requested amount. This additional funding reflects the surge in the 

number of aliens placed into removal proceedings and detention 

after crossing our southern border during the first quarter of fiscal 

year 2017. 

Even without the increased flow of aliens into the country, ICE’s 

fiscal year 2017 budget request negligently and knowingly used a 

flawed projection of the Average Daily Population (ADP) based on 

a seasonally low data point, despite knowing full well that historical trends supported a higher annual detention bed requirement. 

Further, the daily bed rate used to calculate the funding requirement for family detention was almost half of the actual rate because ICE assumed substantial but unrealistic savings that were 

not based on a validated cost estimation methodology. 

For the past several years, the agency’s forecast for the required 

number of detention beds and its cost estimates have resulted in 

budget requests that missed the mark by wide margins. In fiscal 

years 2014 and 2015, ICE reprogrammed a combined total of 

$83,000,000 out of Custody Operations because of a lower than 

planned ADP, only to reprogram $127,000,000 into Custody Operations in fiscal year 2016 because the estimated number of beds 

needed and the average daily cost used in the budget request were 

grossly insufficient. 
934

Accurately formulating the budget request for detention beds depends on two key variable—the cost per bed and the number of 

beds needed, as determined by the ADP. While ICE has the tools 

to develop reliable and detailed cost estimates for detention beds, 

it does not consistently use those tools in the formulation of the 

budget request. Even with more accurate estimates of bed rates, 

however, ICE simply has no model for estimating ADP. While there 

are factors beyond ICE’s control that affect the size of the ADP in 

detention, such as the number of apprehensions by CBP, a model 

better informed by historical averages and seasonal trends would 

be a more prudent approach for forecasting the number of beds 

needed in the next fiscal year. 

It is apparent that additional oversight and audit work in this 

area is needed. Therefore, the Government Accountability Office 

(GAO) is directed to review ICE’s current methodologies for determining detention resource requirements, including its approach to 

estimating the ADP requirement; evaluate ICE’s efforts to improve 

the accuracy of its cost estimates and projections; and report to the 

Committees within 180 days of the date of enactment of this Act 

on GAO’s conclusions, including any appropriate recommendations. 

To ensure costs are estimated using sound methodology, in the 

fiscal year 2018 Congressional Budget Justification, ICE shall fully 

detail the methodology used to determine the bed rate, including 

the bed model output costs assumed for each area of responsibility 

and facility type. All changes in the various cost categories must 

be fully explained, rather than generally justified as an increase in 

the bed rate. The inclusion of indirect, service-wide costs into the 

calculation for beds obscures the actual cost for detention beds and 

allows ICE to increase overhead costs without identifying the true 

nature of the increase. Therefore, ICE shall no longer include indirect costs in the calculation for detention beds. 

ICE must also improve its contracting process for detention beds. 

The agency has approximately 400 contracts with more than 200 

detention facilities, each having varying services, costs, terms, and 

conditions. While contracts for detention beds are negotiated by the 

Office of Acquisition Management (OAQ), the Field Offices notify 

OAQ when more beds are needed and are responsible for reviewing 

vendor invoices for accuracy before submitting them for payment. 

However, there is neither a standard template for contracts nor a 

consistent method for Field Offices to validate invoices. ICE is directed to brief the Committees on actions it has taken to improve 

this process not later than 30 days after the date of enactment of 

this Act. 

Also within 30 days of the date of enactment of this Act, and 

quarterly thereafter, ICE shall provide an update on its oversight 

of adult and family detention facilities. These updates shall include 

information on the number of detention facility inspections conducted, detailed results of the inspections, and the estimated costs 

of such reviews. Additionally, updates on family facilities are to incorporate recommendations for improvements made by the Advisory Committee on Family Residential Centers or as a result of 

ICE’s community liaison office. 

Within 45 days after the date of enactment of this Act, ICE shall 

report on its progress in implementing the 2011 Performance 
935

Based National Detention Standards, including the 2016 revisions, 

and requirements related to the Prison Rape Elimination Act, as 

detailed in the House report. 

Fugitive Operations. A total of $151,795,000 is provided for Fugitive Operations. ICE is directed to continue support for Mobile 

Criminal Alien Teams and to target individuals who pose a threat 

to the public, as described in the Senate report. 

Criminal Alien Program. A total of $312,350,000 is provided for 

the Criminal Alien Program, including support for 287(g) memoranda of agreement and $34,500,000 for resources and full-time law 

enforcement personnel at the Law Enforcement Support Center 

(LESC). As discussed in the Senate report, ICE shall avoid duplicating LESC activities in other parts of the country. While ICE has 

expanded its enforcement priorities, it is expected that the agency 

will continue to emphasize the apprehension and removal of individuals posing the greatest threat to the safety and security of communities.

Section 10 of Executive Order 13768, Enhancing Public Safety in 

the Interior of the United States, directed the Secretary to terminate the Priority Enforcement Program (PEP) and reinstate the Secure Communities program. The essential distinction between the 

two programs is the manner in which ICE seeks the transfer of individuals into its custody from local law enforcement agencies 

(LEA). Under Secure Communities, ICE issues detainers to LEAs, 

requesting that they maintain custody of individuals identified by 

ICE as enforcement priorities for up to 48 hours beyond the time 

the individuals would otherwise be released. Under PEP, ICE primarily issued requests that law enforcement agencies notify ICE 

prior to when such individuals would normally be released, although detainers were still issued under some circumstances. 

In 2016, ICE reported that PEP’s notification alternative was effective in eliciting cooperation from most jurisdictions that, by 

2015, had stopped honoring ICE detainers. Before Secure Communities was replaced by PEP, 377 jurisdictions refused to comply 

with some or all ICE detainers. By the end of 2016, 280 of those 

jurisdictions (74 percent) had reestablished some level of cooperation with ICE by responding to requests for notification, honoring 

detainers, or both, including 21 out of the largest 25 such jurisdictions. ICE should ensure that the reinstatement of the Secure 

Communities program does not undermine the progress it made 

through PEP in 2015 and 2016. Specifically, ICE should continue 

to work with LEAs that are willing to notify ICE prior to releasing 

individuals who are enforcement priorities. To the extent that notifications from LEAs have not always provided ICE with enough advance warning to take custody of criminal aliens, ICE should continue working with LEAs to ensure that notifications are made in 

a more timely fashion. 

Within 60 days of the date of enactment of this Act and quarterly 

thereafter, ICE shall provide a report to the Committees on the 

number of detention requests issued and actual custody transfers 

to ICE by state and local law enforcement jurisdiction, criminal 

category, immigration status, gender, country of citizenship, and 

enforcement priority. In addition, the report shall detail the same 

information for criminal aliens released by non-participating juris-
936

dictions, and should describe ICE’s efforts to solicit the cooperation 

of such jurisdictions. 

ICE is actively planning to expand participation in the 287(g) 

program to several jurisdictions. A state or local law enforcement 

entity selected for the program receives specialized training in immigration law and other topics at the Federal Law Enforcement 

Training Centers and enters into a joint Memorandum of Agreement with ICE in order to receive delegated authority to enforce 

immigration laws within their jurisdictions. Upon arrest of a suspect, the local law enforcement partner enters identifying information into both criminal and immigration databases during booking. 

Historically, this approach, used in penitentiaries, jails, or other 

dentition facilities, has proven effective in identifying and removing 

criminal aliens while reducing allegations of racial profiling more 

common in the task force model. The specific funding level provided 

for the program has been eliminated from the bill, as the level was 

outdated and did not reflect the current, let alone the proposed, 

level of resources dedicated to this program. ICE is directed to brief 

the Committees on proposed expansion and metrics used to evaluate participation within 90 days of the date of enactment of this 

Act.

Alternatives to Detention. A total of $125,883,000 is provided for 

the Alternatives to Detention (ATD) program. ICE shall prioritize 

ATD participation for vulnerable populations, including families, as 

appropriate.

Transportation and Removal Program. A total of $324,236,000 is 

provided for the Transportation and Removal Program, an increase 

of $1,542,000 above the amount requested. 

MISSION SUPPORT

A total of $364,533,000 is provided for Mission Support. Within the total, $82,000,000 is for the Office of Professional Responsibility 

and $6,000,000 is provided to develop and execute a comprehensive 

plan for immigration data improvement, as detailed in the Senate 

report. To ensure high-level engagement in support of this critical 

endeavor, the Act withholds $25,000,000 from obligation under 

ICE’s Operations and Support account until the Director submits 

a comprehensive plan to the Committees. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

A total of $29,800,000 is provided for Procurement, Construction, 

and Improvements. Within the total, $16,000,000 is for TECS Modernization, a funding level in line with projected fiscal year 2017 

obligations. ICE is directed to brief the Committees on the development of this system as specified in the Committee reports. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Procurement, Construction, and Improvements: 

Operational Communications/Information Technology ................... $21,000,000 $16,000,000 

Construction and Facility Improvements ........................................ 7,000,000 – – – 

Mission Support Assets and Infrastructure ................................... 22,230,000 13,800,000 

Subtotal, Procurement, Construction, and Improvements .... $50,230,000 $29,800,000 
937

TRANSPORTATION SECURITY ADMINISTRATION

OPERATIONS AND SUPPORT

A total of $7,105,047,000 is provided for Operations and Support, 

an amount that is partially offset by $2,130,000,000 in estimated 

aviation security fee collections that are credited to this appropriation, as authorized, resulting in a net appropriation of 

$4,975,047,000. In addition, a mandatory appropriation totaling 

$250,000,000 is available through the Aviation Security Capital 

Fund.

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Operations and Support:.

Aviation Screening Operations:.

Screening Workforce:.

Screening Partnership Program .................................... $170,382,000 $177,982,000 

Screener Personnel, Compensation, and Benefits ....... 3,045,941,000 3,221,124,000 

Screener Training and Other ........................................ 235,668,000 239,119,000 

Airport Management .............................................................. 572,564,000 572,967,000 

Canines .................................................................................. 131,391,000 153,969,000 

Screening Technology Maintenance ....................................... 284,834,000 284,834,000 

Secure Flight .......................................................................... 101,721,000 101,721,000 

Subtotal, Aviation Screening Operations ............. $4,542,501,000 $4,751,716,000 

Other Operations and Enforcement.

Inflight Security:.

Federal Air Marshals .................................................... $815,313,000 $802,953,000 

Federal Flight Deck Officer and Crew Training ........... 19,773,000 22,273,000 

Aviation Regulation ............................................................... 218,296,000 218,296,000 

Air Cargo ................................................................................ 95,692,000 94,682,000 

Intelligence and TSOC ........................................................... 83,520,000 80,820,000 

Surface Programs .................................................................. 122,716,000 122,716,000 

Vetting Programs ................................................................... 65,751,000 65,751,000 

Subtotal, Other Operations and Enforcement ..... $1,421,061,000 $1,407,491,000 

Mission Support .............................................................................. $951,375,000 $945,840,000 

Subtotal, Operations and Support (gross) ................... $6,914,937,000 $7,105,047,000 

Subtotal, Operations and Support (net) ....................... $3,904,937,000 $4,975,047,000 

AVIATION SCREENING OPERATIONS

A total of $4,751,716,000 is provided for Aviation Screening Operations.

In fiscal year 2016, the air travel industry experienced significant growth, resulting in passenger volume at TSA checkpoints 

that exceeded the capacity supported by the agency’s budgeted resources. In response, Congress swiftly approved three requests to 

reprogram and transfer funds to address immediate staffing needs 

and other urgent operational requirements to reduce wait times 

and increase security at TSA checkpoints, including the hiring of 

additional Transportation Security Officers (TSOs) and the procurement of critical screening equipment and canines. The total 

provided for fiscal year 2017 reflects increases to annualize the 

costs of these actions and address the continued growth in passenger volume, including: $136,592,000 for an additional 1,396 

FTE; $38,591,000 for additional overtime and other unanticipated 

screener costs; $3,451,000 for training for TSOs; $22,528,000 to an-
938

nualize the cost of 50 additional canine teams and associated requirements; and $4,443,000 for support costs associated with the 

hiring of new TSOs and canine teams. An increase of $7,600,000 

is also provided to fully fund fiscal year 2017 requirements for the 

Screening Partnership Program. The total also reflects decreases to 

the request totaling $6,040,000 due to projected under execution of 

proposed FTE in non-screener programs. 

As directed in the House and Senate reports, TSA shall brief the 

Committees not later than 30 days after the date of enactment of 

this Act on a comprehensive assessment of operational requirements to improve the security and efficiency of passenger and baggage screening, including long-term efforts and contingency plans 

to predict and respond to changing passenger volumes without 

compromising security. 

TSA is directed to brief the Committees on its canine requirements and future plans for expanding the National Explosives Detection Canine Team Program not later than 30 days after the date 

of enactment of this Act. TSA shall consider passenger volume and 

risk assessments when determining the deployment of the 50 new 

canine teams and the re-deployment of existing teams. 

In lieu of the funding and direction in the House and Senate re- ports, the bill includes $3,400,000 to establish a program whereby 

third parties can perform air cargo screening services using canines. TSA shall work with the air cargo industry and canine providers, as well as any relevant law enforcement organizations to 

identify initial locations for implementing the program. Based on 

lessons learned at the initial sites, TSA shall work with stakeholders to outline minimum criteria for future entrance to the program. The criteria should consider the potential benefits of using 

third-party canine teams in the air cargo environment. Further, in 

assessing the right model for canine team certification, TSA shall 

ensure that costs to taxpayers are minimized and that scalability 

to meet industry demand is maximized. TSA is directed to brief the 

Committees not later than 60 days after the date of enactment of 

this Act on a timeline for implementation of the program. 

Sufficient funds are included to support TSA’s training activities 

at the Glynco Campus of the Federal Law Enforcement Training 

Centers, which now provides a basic training program for all new 

screeners. Before TSA moves forward with permanent investments 

in the campus related to this training, it must develop a business 

case to justify the cost of such training, including metrics related 

to increased TSO performance, improved morale, and better managed attrition. Further, TSA must assess the appropriate timing in 

a screener’s onboarding process for such basic training to occur. 

TSA shall brief the Committees within 30 days of the date of enactment of this Act on the business case. 

In lieu of the direction in the Senate report, TSA shall implement a pilot program for airports that procure, install, and operate 

exit lane breach control (ELBC) systems on a non-reimbursable 

basis that, for the duration of the pilot, reallocates any resulting 

FTE savings to address screening capacity challenges at the same 

airport where the exit lane pilot is being conducted. The reallocated 

personnel shall be in addition to existing screening staff assigned 

to the airport checkpoint prior to the deployment of ELBC tech-
939

nology. The procurement of ELBC systems shall be consistent with 

TSA’s Airport Exit Lane toolbox and exit lane security guidelines, 

including technologies in use at airports today. 

OTHER OPERATIONS AND ENFORCEMENT

A total of $1,407,491,000 is provided for Other Operations and 

Enforcement. Within the total are decreases totaling $21,130,000 

due to projected under execution of proposed FTE. Also within the 

total is an increase of $2,500,000 for the Federal Flight Deck Officer (FFDO) and Flight Crew Training Program, including 

$2,000,000 to ensure training slots are available to interested pilots 

and $500,000 to conduct an analysis of training facility requirements for the FFDO Program. 

TSA has convened appropriate stakeholders to initiate a national 

partnership framework for public area security in airports. This effort is overdue, given long-acknowledged threats and tragic incidents in the U.S. and around the globe, and stakeholders should 

be commended for their active participation. TSA shall brief the 

Committees within 180 days of the date of enactment of this Act 

on its progress in establishing principles and developing the framework.

MISSION SUPPORT

A total of $945,840,000 is provided for Mission Support, which 

accounts for the annualized support costs associated with the hiring and training of additional TSOs and canine teams, as well as 

the projected under execution of proposed FTE and other administrative savings. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

A total of $206,093,000 is provided for Procurement, Construction, and Improvements (PC&I). 

Under the new DHS appropriations structure, all components are 

expected to use common, standardized appropriations and PPAs to 

fund activities and other spending items that are based on a consistent definition. As defined in the DHS Financial Policy Manual, 

the PC&I appropriation is intended to fund the ‘‘costs associated 

with buying, building, or improving end items—tools, assets, systems, and facilities—prior to sustainment.’’ However, TSA’s proposed fiscal year 2017 PC&I budget included numerous spending 

items that are not appropriately funded within this appropriation. 

TSA is directed to adhere to the guidance in the DHS Financial 

Policy Manual in its fiscal year 2018 budget request. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Procurement, Construction, and Improvements.

Aviation Screening Infrastructure.

Checkpoint Support ............................................................... $111,079,000 $111,079,000 

Checked Baggage .................................................................. 59,331,000 59,331,000 

Infrastructure for Other Operations.

Air Cargo ................................................................................ 14,383,000 14,383,000 

Surface Programs .................................................................. 15,000,000 15,000,000 

Vetting Programs ................................................................... 6,300,000 6,300,000 
940

Budget Estimate Final Bill 

Subtotal, Procurement, Construction, and Improvements ....................................................................... $206,093,000 $206,093,000 

AVIATION SCREENING INFRASTRUCTURE

A total of $170,410,000 is provided for Aviation Screening Infrastructure. TSA is directed to brief the Committees not later than 

90 days after the date of enactment of this Act on the progress of 

the Innovation Task Force and the status of any pilot programs. 

RESEARCH AND DEVELOPMENT

A total of $5,000,000 is provided for Research and Development. 

COAST GUARD

OPERATING EXPENSES

A total of $7,079,628,000 is provided for Operating Expenses, in- cluding $502,692,000 for defense activities, of which $162,692,000 

is designated for overseas contingency operations (OCO) and the 

global war on terrorism (GWOT), which may be allocated without 

regard to section 503 in title V of this Act. Included in the total is $4,490,000 to increase the staffing of the 

Coast Guard’s Cyber Command and to establish a Cyber Protection 

Team to enhance the Coast Guard’s cyber capabilities. Not later 

than 90 days after the date of enactment of this Act, the Coast 

Guard shall brief the Committees on plans, including a funding 

strategy, for improving the cybersecurity posture of the Coast 

Guard and balancing requirements of operating within the ‘‘.mil’’ 

domain while adhering to DHS cyber directives. 

The Coast Guard is directed to submit to the Committees a Capital Investment Plan (CIP) for fiscal years 2018 through 2022 by 

June 30, 2017. 

The Coast Guard is directed to move quickly in approving additional ballast water management systems (BWMS) and shall work 

with the Environmental Protection Agency to reexamine whether 

the most probable number method can be used as an alternative 

for testing the effectiveness of treatment systems. The Coast Guard 

is further directed to brief the Committees on the status of its ballast water management systems (BWMS) testing efforts as set 

forth in the House report. 

Within the amount appropriated for Operating Expenses, a total of $6,000,000 is included to initiate fishing safety grant programs, 

as authorized by the Coast Guard Authorization Act of 2010. This 

amount is offset by savings derived from lower than expected fuel 

costs.

Not later than 180 days after the date of enactment of this Act, 

the Secretary shall submit to the Committees a report on the Coast 

Guard’s plans to ensure long-term search and rescue coverage for 

the Arctic. This report shall also address the Coast Guard’s capability for conducting response missions throughout the Western 

Alaska Captain of the Port Zone, including the Bering Sea and Arctic Ocean. The report shall provide details on pollution response 

equipment; spill response organizations; spill prevention and miti-
941

gation methods; and response partnerships with federal, state, and 

local entities. 

Within the total for Operating Expenses, an additional $4,750,000 is provided for the procurement of small response boats 

in fiscal year 2017. This amount is offset by savings derived from 

lower than expected fuel costs. In addition, long-standing language 

is included in the bill authorizing the use of up to $31,000,000 from 

the Operating Expenses appropriation for certain small boat purchases and repairs. 

Within the amount appropriated for Operating Expenses, $5,000,000 is included for the National Coast Guard Museum, subject to the limitations specified in 98(b) of title 14, United States 

Code.

The Coast Guard Yard, located at Curtis Bay, Maryland, directly 

supports fleet readiness and has been a vital part of the Coast 

Guard’s readiness and infrastructure for more than 100 years. Sufficient industrial work should be assigned to the Yard to maintain 

this capability. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Operating Expenses: 

Military Pay and Allowances .......................................................... $3,597,319,000 $3,544,111,000 

Civilian Pay and Benefits ............................................................... 817,324,000 808,969,000 

Training and Recruiting ................................................................. 198,605,000 196,346,000 

Operating Funds and Unit Level Maintenance .............................. 996,204,000 995,519,000 

Centrally Managed Accounts .......................................................... 329,099,000 328,746,000 

Intermediate and Depot Level Maintenance .................................. 1,048,264,000 1,043,245,000 

Overseas Contingency Operations/Global War on Terrorism .......... - - - 162,692,000 

Subtotal, Operating Expenses ............................................... $6,986,815,000 $7,079,628,000 

(Defense, less OCO) ............................................................... (340,000,000) (340,000,000) 

Military Pay and Allowances. A total of $3,544,111,000 is provided for Military Pay and Allowances. The funded level reflects 

$53,208,000 in savings resulting from a more realistic recruiting 

and retention level for the fiscal year. 

Civilian Pay and Benefits. A total of $808,969,000 is provided for Civilian Pay and Benefits, including $8,355,000 in adjustments reflecting a more realistic hiring and attrition level for the fiscal 

year. The total includes $788,000 for additional personnel needed 

to implement the Blended Retirement System. 

Overseas Contingency Operations/Global War on Terrorism 

Funding. Funding for Coast Guard OCO/GWOT activities is provided directly through the Operating Expenses appropriation instead of through the Navy’s Operation and Maintenance account. 

The Coast Guard is directed to brief the Committees not later than 

30 days after the date of enactment of this Act on any changes expected in the funding requirement for OCO/GWOT activities during 

fiscal year 2017. Further, the Coast Guard is directed to include 

details of its current and future support to Central Command in 

the classified annex of the fiscal year 2018 budget request. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

A total of $13,315,000 is provided for Environmental Compliance 

and Restoration. 
942

RESERVE TRAINING

A total of $112,302,000 is provided for Reserve Training. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

A total of $1,370,007,000 is provided for Acquisition, Construction, and Improvements. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Acquisition, Construction, and Improvements: 

Vessels:

Survey and Design—Vessel and Boats ................................ $6,500,000 $9,500,000 

In-Service Vessel Sustainment .............................................. 79,000,000 94,000,000 

National Security Cutter ........................................................ 127,000,000 255,400,000 

Offshore Patrol Cutter ........................................................... 100,000,000 75,000,000 

Fast Response Cutter ............................................................ 240,000,000 325,000,000 

Cutter Boats .......................................................................... 4,000,000 4,000,000 

Polar Ice Breaking Vessel ...................................................... 147,600,000 25,000,000 

Subtotal, Vessels .......................................................... $704,100,000 $787,900,000 

Aircraft:

HC–144 Conversion/Sustainment .......................................... 25,500,000 25,500,000 

HC–27J Conversion/Sustainment ........................................... 130,000,000 130,000,000 

HC–130J Acquisition/Conversion/Sustainment ...................... 20,800,000 111,800,000 

HH–65 Conversion/Sustainment Projects .............................. 25,000,000 40,000,000 

Subtotal, Aircraft .......................................................... $201,300,000 $307,300,000 

Other Acquisition Programs: 

Other Equipment and Systems .............................................. 8,055,000 8,055,000 

Program Oversight and Management ................................... 20,000,000 20,000,000 

C4ISR ..................................................................................... 24,300,000 24,300,000 

CG—Logistics Information Management System (CG–LIMS) 7,000,000 7,000,000 

Subtotal, Other Acquisition Programs .......................... $59,355,000 $59,355,000 

Shore Facilities and Aids to Navigation: 

Major Construction; Housing; ATON; and Survey & Design .. 18,100,000 44,519,000 

Major Acquisition Systems Infrastructure ............................. 28,000,000 50,000,000 

Minor Shore ............................................................................ 5,000,000 5,000,000 

Subtotal, Shore Facilities and Aids to Navigation ....... $51,100,000 $99,519,000 

Personnel and Related Support Costs ........................................... $120,933,000 $115,933,000 

Subtotal, Acquisition, Construction, and Improvements ....................................................................... $1,136,788,000 $1,370,007,000 

VESSELS

Survey and Design—Vessels and Boats. A total of $9,500,000 is 

provided in support of survey and design, including $2,000,000 for 

initial survey and design work associated with the acquisition of 

icebreaking capacity on the Great Lakes, as detailed in the Senate 

report, and $1,000,000 for the Inland River Tender fleet. 

National Security Cutter. A total of $255,400,000 is provided for 

the National Security Cutter (NSC) program. The total includes 

$95,000,000 for procurement of long lead time materials associated 

with a tenth National Security Cutter, and $3,400,000 for post-delivery activities for the ninth NSC. In addition, $30,000,000 is included to support a necessary Structural Enhancement Dry-dock 

Availability (SEDA) for the second NSC. 
943

Offshore Patrol Cutter. The policy requiring the Coast Guard to 

obtain appropriations for the total acquisition cost of a vessel, including long lead time materials, production costs, and post-production costs, before a production contract can be awarded has the potential to create shipbuilding inefficiencies, force delays in the obligation of production funds, and require post-production funds far in 

advance of when they will be used. The Office of Management and 

Budget is expected to give the Coast Guard the flexibility to acquire vessels, including the Offshore Patrol Cutter (OPC), in the 

most efficient manner within the guidelines of strict governance 

measures.

Fast Response Cutter. A total of $325,000,000 is provided for the 

Fast Response Cutter program for the acquisition of six cutters. 

Polar Ice Breaker. To support the procurement of a heavy ice 

breaker, $25,000,000 is provided for a new joint acquisition strategy developed by the Coast Guard and the U.S. Navy through a 

Polar Ice Breaking Vessel Integrated Program Office (IPO). These 

funds are in addition to $30,000,000 already reprogrammed to this 

effort in fiscal year 2017. Under the new strategy, the IPO will obtain detailed industry feedback through trade-off analyses to further refine and validate operational requirements. A report on 

polar icebreaker requirements, preferred design, overall acquisition 

strategy, and a breakout of funds necessary to support the acquisition shall be submitted to the Committees not later than 90 days 

after the date of enactment of this Act. 

AIRCRAFT

HC–130J Aircraft. An additional $90,000,000 above the request 

is provided for one fully-missionized HC–130J aircraft. 

SHORE FACILITIES

Within the AC&I total, $44,519,000 is for construction of shore 

facilities, including $10,000,000 for addressing needs on the Unfunded Priorities List and $15,005,000 to begin repairs on facilities 

damaged by Hurricane Matthew. 

The Senate report encouraged the Coast Guard to explore the 

use of water purification systems free of bromine. Within 90 days 

of the date of enactment of this Act, the Coast Guard shall brief 

the Committees on the costs, benefits, and feasibility of adopting 

this new type of system. 

Major Acquisition Systems Infrastructure. A total of $50,000,000 

is provided, including $22,000,000 to support the Coast Guard’s 

plan to homeport OPCs in the arctic region to replace aging assets. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

A total of $36,319,000 is provided for Research, Development, 

Test, and Evaluation (RDT&E). The Coast Guard is directed to examine the feasibility, costs, and benefits of conducting intelligence, 

surveillance, and reconnaissance missions in transit zones using 

long range/ultra-long endurance, land based, unmanned aerial systems. Within the total provided for RDT&E, $18,000,000 is included for the Coast Guard, in collaboration with CBP and S&T to 

perform an analysis of alternatives (AoA) on available systems and 
944

mission equipment packages before conducting a proof of concept 

demonstration of selected systems. The Coast Guard shall brief the 

Committees on its plans for conducting the AoA and proof of concept within 180 days after the date of enactment of this Act. Further, the Coast Guard, along with CBP and S&T, shall brief the 

Committees on the results of the demonstration within 90 days following its completion. 

UNITED STATES SECRET SERVICE

OPERATIONS AND SUPPORT

A total of $1,821,451,000 is provided for Operations and Support, including the following increases above the request: $13,000,000 for 

additional overtime pay; $28,500,000 for additional agent relocation 

costs; $8,000,000 for retention efforts; an additional $9,000,000 for 

the electronic crimes special agent training program; and 

$6,000,000 for missing and exploited children investigations. The 

recommendation includes a decrease to the President’s budget request of $21,044,000 to fund a realistic and achievable number of 

FTE. Within the total, $42,966,000 is available until September 30, 

2018, to include $6,000,000 for investigations related to missing 

and exploited children; $5,557,000 for the James J. Rowley Training Center; $8,909,000 for Operational Mission Support; 

$18,000,000 for protective travel; and $4,500,000 for National Special Security Events (NSSE). 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Operations and Support: 

Protective Operations: 

Protection of Persons and Facilities ..................................... $586,988,000 $599,759,000 

Protective Countermeasures .................................................. 58,193,000 58,193,000 

Protective Intelligence ........................................................... 40,732,000 44,490,000 

Presidential Campaigns and National Special Security 

Events ................................................................................ 48,634,000 51,734,000 

Subtotal, Protective Operations .................................... $734,547,000 $754,176,000 

Field Operations: 

Domestic and International Field Operations ....................... 761,427,000 763,271,000 

Support for Missing and Exploited Children Investigations – – – 6,000,000 

Support for Computer Forensics Training ............................. 4,869,000 13,869,000 

Subtotal, Field Operations ............................................ $766,296,000 $783,140,000 

Basic and In-Service Training and Professional Development ...... 59,575,000 59,507,000 

Mission Support .............................................................................. 217,574,000 224,628,000 

Subtotal, Operations and Support ......................................... $1,777,992,000 $1,821,451,000 

The recommendation includes $13,000,000 to implement new 

overtime payment authority for agents and officers authorized by 

Public Law 114–31. Due to the heavy demands of the 2016 presidential campaign, and also as a result of the attrition and hiring 

challenges that have plagued the United States Secret Service 

(USSS) over the last several years, many agents and officers exceeded the previous legislative cap on overtime pay. This additional 

funding supports compensation for overtime, combined with basic 

pay, up to the annual rate of basic pay for level II of the Executive 

Schedule.
945

Increases to the request are also included to fully support permanent change of station requirements and for necessary retention 

initiatives. The USSS is directed to fully budget for all known requirements in future years for these efforts. Congress should not 

be forced to fund known requirements purposely omitted from the 

budget request. The agreement includes $13,869,000 to enhance current USSS 

investigative initiatives, including the Electronic Crimes Special 

Agent Program and Electronic Crimes Task Force missions, and 

basic and advanced computer forensics training. The Secret Service 

shall provide periodic briefings to the Committees on the status of 

investigations and ensure that the associated funding and personnel resources continue to be identified in future budgets. The bill sustains the fiscal year 2016 funding level of $2,366,000 

for forensic and investigative support related to missing and exploited children and $6,000,000 for grants related to investigations 

of missing and exploited children. In addition, the bill continues to provide $4,500,000, as requested, to defray costs specific to Secret Service execution of its 

statutory responsibilities to direct the planning and coordination of 

NSSEs. A general provision in the Act prohibits the use of funds 

to reimburse any federal department or agency for its participation 

in an NSSE. The Secret Service is directed to provide periodic updates to the Committees on NSSEs planned for fiscal year 2017 

prior to and following each event. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

A total of $90,627,000 is provided for Procurement, Construction, and Improvements, including reductions of $10,000,000 from protection infrastructure and $10,000,000 from investments in Information Integration and Technology Transformation programs due 

to carryover of prior year funds. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Procurement, Construction, and Improvements: 

Protection Assets and Infrastructure ............................................. $47,737,000 $37,737,000 

Operational Communications/Information Technology ................... 62,890,000 52,890,000 

Subtotal, Procurement, Construction, and Improvements .... $110,627,000 $90,627,000 

RESEARCH AND DEVELOPMENT

A total of $2,500,000 is provided for Research and Development, 

as requested. 

TITLE II—ADMINISTRATIVE PROVISIONS—THIS ACT 

Section 201. A provision proposed by the House and Senate is 

continued and modified regarding overtime compensation. 

Section 202. A provision proposed by the House and Senate is 

continued and modified allowing CBP to sustain or increase operations in Puerto Rico with appropriated funds. 

Section 203. A provision proposed by the House and Senate is 

continued prohibiting the transfer of aircraft and related equipment out of CBP unless certain conditions are met. 
946

Section 204. A provision proposed by the House and Senate is 

continued regarding the availability of COBRA fee revenue. 

Section 205. A provision proposed by the House and Senate is 

continued and modified allowing CBP access to certain reimbursements for preclearance activities. 

Section 206. A provision proposed by the House and Senate is 

continued regarding the importation of prescription drugs by an individual for personal use. 

Section 207. A provision proposed by the House and Senate is 

continued and modified regarding waivers of the Jones Act. 

Section 208. A provision proposed by the House and Senate is 

continued prohibiting the collection of new land border fees or the 

study of the imposition of such fees. 

Section 209. A provision proposed by the House and Senate is 

continued allowing the Secretary to reprogram and transfer funds 

within and into ‘‘U.S. Immigration and Customs Enforcement—Operations and Support’’ to ensure the detention of aliens prioritized 

for removal. 

Section 210. A provision proposed by the House and Senate is 

continued prohibiting the use of funds provided under the heading 

‘‘U.S. Immigration and Customs Enforcement—Operations and 

Support’’ for the 287(g) program if the terms of the agreement governing the delegation of authority have been materially violated. 

Section 211. A provision proposed by the House and Senate is 

continued prohibiting the use of funds provided under the heading 

‘‘U.S. Immigration and Customs Enforcement—Operations and 

Support’’ to contract for detention services if the facility receives 

less than ‘‘adequate’’ ratings in two consecutive performance evaluations.

Section 212. A provision proposed by the Senate is included requiring the Secretary to submit a plan for immigration data improvement not later than 90 days after the date of enactment of 

this Act. The House proposed no similar provision. 

Section 213. A provision proposed by the House and Senate is 

continued clarifying that certain elected and appointed officials are 

not exempt from federal passenger and baggage screening. 

Section 214. A provision proposed by the House and Senate is 

continued that directs TSA to deploy explosives detection systems 

based on risk and other factors. 

Section 215. A provision proposed by the House and Senate is 

continued authorizing TSA to use funds from the Aviation Security 

Capital Fund for the procurement and installation of explosives detection systems or for other purposes authorized by law. 

Section 216. A provision proposed by the House and Senate is 

continued that requires TSA to submit a report on TSA passenger 

and baggage screening. 

Section 217. A provision proposed by the House and Senate is 

continued prohibiting the use of funds in abrogation of the statutory requirement for TSA to monitor certain airport exit points. 

Section 218. A provision proposed by the House and Senate is 

continued under the heading ‘‘Coast Guard—Operating Expenses’’ 

prohibiting funds made available by this Act for recreational vessel 

expenses, except to the extent fees are collected from owners of 

yachts and credited to this appropriation. 
947

Section 219. A provision proposed by the House and Senate is 

continued and modified allowing up to $10,000,000 to be reprogrammed to or from the ‘‘Coast Guard—Operating Expenses’’ Military Pay and Allowances PPA. 

Section 220. A provision proposed by the House and Senate is 

continued prohibiting funds from being used to reduce the Coast 

Guard’s Operations Systems Center mission or its government-employed or contract staff. 

Section 221. A provision proposed by the Senate is continued prohibiting funds to be used to conduct or implement the results of a 

competition under Office of Management and Budget Circular A– 

76 with respect to the Coast Guard National Vessel Documentation 

Center. The House proposed no similar provision. 

Section 222. A provision proposed by the House and Senate is 

continued prohibiting the Secretary from reducing operations within the Coast Guard’s Civil Engineering Program except as specifically authorized by a statute enacted after the date of enactment 

of this Act. 

Section 223. A provision proposed by the House and Senate is 

continued related to the allocation of funds for Overseas Contingency Operations/Global War on Terrorism. 

Section 224. A provision proposed by the House and Senate is 

continued allowing the Secret Service to obligate funds in anticipation of reimbursement for personnel receiving training. 

Section 225. A provision proposed by the House and Senate is 

continued prohibiting funds made available to the Secret Service 

for the protection of the head of a federal agency other than the 

Secretary of Homeland Security, except where the Director has entered into an agreement for such protection services. 

Section 226. A provision proposed by the House and Senate is 

continued limiting the opening of domestic and international field 

offices by the Secret Service. 

Section 227. A provision proposed by the House and Senate is 

continued and modified allowing the reprogramming of funds within ‘‘United States Secret Service—Operations and Support’’. 

Section 228. A provision proposed by the House and Senate is 

continued and modified allowing for funds made available for the 

‘‘United States Secret Service—Operations and Support’’ to be 

available for travel of employees on protective missions without regard to the limitations on such expenditures. 

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND 

RECOVERY

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

OPERATIONS AND SUPPORT

A total of $1,372,268,000 is provided for Operations and Support 

of the National Protection and Programs Directorate (NPPD), including $235,429,000 for the Office of Biometric Identity Management (OBIM). Based on under-execution of funding for personnel, 

the Act reduces the request by $37,781,890 and 386 FTE. To help 

address the need to retain and hire personnel with the requisite cy-
948

bersecurity skills, however, the total includes all funding requested 

for special cyber pay and bonuses. 

In lieu of the briefing required in Senate Report 114–264, NPPD 

is directed to include with the fiscal year 2018 budget request a 

five-year plan to ensure appropriate office space for headquarters, 

regional, and field staff. The plan shall ensure headquarters staff 

is appropriately consolidated and whenever possible regional offices 

are collocated with other components to maximize mission collaboration.

Not later than 90 days after the date of enactment of this Act, 

NPPD shall provide a report to the Committees describing the definition and process used to categorize each amount in the NPPD 

PPAs as either defense or non-defense. 

In lieu of the requirement in the Senate report regarding strategic documentation for proposed increases for Protective Security 

Advisors or Cyber Security Advisors, NPPD shall include detailed 

justifications in the budget request. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Operations and Support: 

Cybersecurity:

Cyber Readiness and Response: 

NCCIC Operations ......................................................... $116,168,000 $108,402,000 

(CERT) ...................................................................... (94,134,000) (86,368,000) 

NCCIC Planning and Exercises ..................................... 92,683,000 88,502,000 

(CERT) ...................................................................... (65,788,000) (61,607,000) 

Cyber Infrastructure Resilience: 

Cybersecurity Advisors .................................................. 13,535,000 12,970,000 

Enhanced Cybersecurity Services ................................. 16,830,000 16,950,000 

Cybersecurity Education and Awareness ...................... 7,886,000 14,133,000 

Federal Cybersecurity: 

Federal Network Resilience ........................................... 37,005,000 35,013,000 

Continuous Diagnostics and Mitigation ....................... 8,878,000 7,565,000 

National Cybersecurity Protection System .................... 389,355,000 385,879,000 

Subtotal, Cybersecurity ........................................ $682,340,000 $669,414,000 

Infrastructure Protection: 

Infrastructure Capacity Building: 

Sector Risk Management ..................................... 41,611,000 42,396,000 

Protective Security Advisors ................................ 39,490,000 39,723,000 

Bombing Prevention ............................................. – – – 15,070,000 

Infrastructure Information and Sensitive Data 

Protection ........................................................ 19,889,000 19,546,000 

Infrastructure Security Compliance ..................... 76,876,000 69,557,000 

Subtotal, Infrastructure Protection ................. $177,866,000 $186,292,000 

Emergency Communications: 

Emergency Communications Preparedness .................. 43,260,000 44,097,000 

Priority Telecommunications Services GETS/WPS/SRAS/ 

TSP ........................................................................... 55,406,000 55,730,000 

Next Generation Networks Priority Services .................. 1,966,000 2,214,000 

Subtotal, Emergency Communications ................ $100,632,000 $102,041,000 

Integrated Operations: 

Cyber and Infrastructure Analysis: 

National Infrastructure Simulation Analysis Center (NISAC) ...................................................... 12,993,000 18,650,000 

Infrastructure Analysis ........................................ 24,443,000 23,230,000 

Critical Infrastructure Situational Awareness ..... 16,344,000 16,176,000 

Stakeholder Engagement and Requirements ...... 43,150,000 41,959,000 

Strategy, Policy, and Plans ................................. 14,707,000 9,669,000 
949

Budget Estimate Final Bill 

Subtotal, Integrated Operations ...................... $111,637,000 $109,684,000 

Office of Biometric Identity Management: 

Identity and Screening Program Operations ................ – – – 71,954,000 

IDENT/Homeland Advanced Recognition Technology .... – – – 163,475,000 

Subtotal, Office of Biometric Identity Management ................................................................ – – – $235,429,000 

Mission Support ..................................................................... $75,027,000 $69,408,000 

Defense ......................................................................... (23,390,000) (21,516,000) 

Subtotal, Operations and Support ....................... $1,147,502,000 $1,372,268,000 

CYBERSECURITY

A total of $669,414,000 is provided for Cybersecurity, including 

$9,500,000 for the Multi-State Information Sharing and Analysis 

Center (MS–ISAC) to support its updated requirement for fiscal 

year 2017, and $12,970,000 for Cyber Security Advisors. The National Cybersecurity and Communications Integration Center 

(NCCIC) is funded at $196,904,000, including $147,975,000 for 

Computer Emergency Response Teams (CERT). 

Within 120 days of the date of enactment of this Act, NPPD shall 

brief the Committees on the types of assistance, including technical 

and formal ongoing engagement, available to state and local governments, including law enforcement agencies, to protect their networks. The Department shall also work to include state and local 

law enforcement agencies in the National Cybersecurity Review, 

and shall continue raising awareness among these agencies on the 

need to strengthen their own cyber-defenses and on the resources 

available for such purposes. 

Cybersecurity Education and Awareness. The bill includes a total 

of $14,133,000 for cybersecurity education, of which $13,698,000 is 

provided through the Cyber Infrastructure Resilience PPA and 

$435,000 is provided through the Mission Support PPA. Any future 

proposed funding reductions to cybersecurity education will not be 

considered unless the Directorate provides a clear plan for how the 

funded activities would be fully realigned within other agencies in 

a manner that sustains the objectives of this critical effort. 

Federal Cybersecurity. NPPD continues efforts to find common 

strategies and security solutions across the federal government for 

cybersecurity, such as Einstein and Continuous Diagnostics and 

Mitigation. Funds appropriated to DHS, however, should supplement but not supplant appropriations of other federal departments 

and agencies. NPPD is directed to develop a strategic plan, in conjunction with OMB and partner departments and agencies, for securing civilian federal networks. The plan shall include an effective 

cost model whereby departments and agencies assume responsibility for the costs of their own systems while also using NPPD 

subject matter expertise and bulk-buying capabilities when it enhances security and is cost effective. NPPD shall provide the strategic plan to the Committees not later than 250 days after the date 

of enactment of this Act, including a proposed governance structure, roles and responsibilities of departments and agencies, responsibilities inherent to NPPD, and a model for ensuring a longterm and sound financing structure for federal cybersecurity needs. 
950

INFRASTRUCTURE PROTECTION

A total of $186,292,000 is provided for Infrastructure Protection, 

including the requested level of funding for the National Infrastructure Coordination Center and $39,723,000 for Protective Security 

Advisors. Reductions to the request reflect adjustments to hiring 

projections.

EMERGENCY COMMUNICATIONS

A total of $102,041,000 is provided for Emergency Communica- tions, including $2,000,000 to continue projects supporting the development of the National Emergency Communications Plan. 

INTEGRATED OPERATIONS

A total of $109,684,000 is provided for Integrated Operations, of which $1,679,000 is for Stakeholder Engagement and Requirements to continue the Software Assurance Program. 

OFFICE OF BIOMETRIC IDENTITY MANAGEMENT

A total of $235,429,000 is provided for OBIM, $11,600,000 below 

the amount requested due to delays in the Homeland Advanced 

Recognition Technology (HART) program and $8,000,000 in contract savings. Although the fiscal year 2017 request proposed the 

transfer of OBIM from NPPD to CBP, in the absence of authorizing 

legislation directing such a realignment, this Act continues to fund 

OBIM through NPPD. 

Until the Secretary or his designee briefs the Committees, as 

specified in section 301 of this Act, on how OBIM is addressing 

stakeholder concerns regarding requirements and priorities, 

$20,000,000 is withheld from obligation. 

FEDERAL PROTECTIVE SERVICE

A total of $1,451,078,000 is made available for the Federal Protective Service (FPS), as requested. This funding is generated by 

collections of security fees from federal agencies based on security 

services provided by FPS. The Secretary and the Director of OMB 

shall certify in writing to the Committees, not later than 60 days 

after the date of enactment of this Act, that FPS operations will 

be fully funded in fiscal year 2017 through the collection of security 

fees. Should sufficient revenue not be collected to fully fund operations, an expenditure plan is required describing how security 

risks will be adequately addressed. In lieu of direction in the Senate bill regarding a strategic human capital plan, the Director of 

FPS shall provide a semi-annual briefing to the Committees detailing the alignment of staffing resources with mission requirements 

based on a current threat assessment. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Federal Protective Service: 

FPS Operations: 

Operating Expenses ............................................................... $368,892,000 $368,892,000 

Countermeasures:

Protective Security Officers ................................................... 1,059,825,000 1,059,825,000 
951

Budget Estimate Final Bill 

Technical Countermeasures ................................................... 22,361,000 22,361,000 

Subtotal, Federal Protective Service (gross) ................ $1,451,078,000 $1,451,078,000 

Offsetting Collections ................................................... ¥1,451,078,000 ¥1,451,078,000

Subtotal, Federal Protective Service (net) .................... – – – – – – 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

A total of $440,035,000 is provided for Procurement, Construction, and Improvements. 

Within the total is $52,800,000 for OBIM’s continued HART acquisition, which reflects savings realized by not transferring the 

program to CBP. As noted above, the Act includes a withholding 

of funds under Operations and Support until OBIM provides a plan 

to accelerate the multi-modal biometric capabilities of HART Increment 2. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Procurement, Construction, and Improvements: 

Cybersecurity:

Continuous Diagnostics and Mitigation ................................ $266,971,000 $217,409,000 

National Cybersecurity Protection System ............................. 81,771,000 81,771,000 

Subtotal, Cybersecurity ........................................ $348,742,000 $299,180,000 

Emergency Communications: 

Next Generation Networks Priority Services ........................... 88,055,000 88,055,000 

Subtotal, Emergency Communications ................ $88,055,000 $88,055,000 

Biometric Identity Management: 

IDENT/Homeland Advanced Recognition Technology ............. – – – 52,800,000 

Subtotal, Biometric Identity Management ........... 09 – –}$52,800,000 

Subtotal, Procurement, Construction, and Improvements ....................................................................... $436,797,000 $440,035,000 

RESEARCH AND DEVELOPMENT

A total of $6,469,000 is provided for Research and Development. 

Of the amount provided for Infrastructure Protection, $2,000,000 is 

designated for the Technology Development and Deployment Program to define agency needs, identify requirements for community 

level critical infrastructure protection and resilience, and rapidly 

develop, test, and transition to use technologies that address these 

needs and requirements. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Research and Development:.

Cybersecurity ................................................................................... $2,030,000 $2,030,000 

Infrastructure Protection ................................................................. 2,439,000 4,439,000 

Subtotal, Research and Development ................................... $4,469,000 $6,469,000 
952

OFFICE OF HEALTH AFFAIRS

OPERATIONS AND SUPPORT

A total of $123,548,000 is provided for Operations and Support. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Operations and Support: 

Chemical and Biological Readiness ............................................... – – – $82,689,000 

Health and Medical Readiness ...................................................... – – – 4,352,000 

Integrated Operations ..................................................................... – – – 11,809,000 

Mission Support .............................................................................. – – – 24,698,000 

Subtotal, Operations and Support ......................................... – – – $123,548,000 

CHEMICAL AND BIOLOGICAL READINESS

A total of $82,689,000 is provided for the Chemical and Biological 

Readiness PPA, which fully funds operations of the current 

BioWatch program. The bill includes a provision withholding 

$2,000,000 from OHA Mission Support until OHA, in conjunction 

with the Science and Technology Directorate (S&T) and other components as appropriate, submits a strategic plan to the Committees. This plan shall include: a plan to advance early detection of 

a bioterrorism event; details on the responsibilities of OHA, S&T, 

and other departmental components as appropriate for implementing such strategy; details on coordination with other federal 

agencies, including the Department of Defense, which have made 

investments in bioterrorism detection research; specific timelines 

and benchmarks; an expenditure plan for fiscal year 2017 

BioWatch funds; and cost estimates for the next generation of biosurveillance tools. The bill also permits the transfer of up to 

$2,000,000 from OHA to S&T for activities related to implementation of this plan. 

INTEGRATED OPERATIONS

A total of $11,809,000 is provided for Integrated Operations. The 

amount includes an increase of $2,500,000 above the request to 

support the operationalization of successful pilot programs of the 

National Biosurveillance Integration Center, promising new pilots, 

or other high priority or emerging requirements. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

OPERATIONS AND SUPPORT

A total of $1,048,551,000 is provided for Operations and Support. 

This amount reflects reductions to the request totaling $5,144,000 

due to projected under execution of proposed FTE. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Operations and Support: 

Regional Operations ....................................................................... $157,134,000 $157,134,000 

Mitigation ........................................................................................ 24,887,000 28,213,000 

Preparedness and Protection .......................................................... 146,356,000 146,356,000 

Response and Recovery .................................................................. ........................................
953

Budget Estimate Final Bill 

Response ................................................................................ 178,500,000 187,806,000 

(Urban Search and Rescue) ......................................... (27,513,000) (38,280,000) 

Recovery ................................................................................. 58,687,000 56,126,000 

Mission Support .............................................................................. 472,916,000 472,916,000 

Subtotal, Operations and Support ....................... $1,038,480,000 $1,048,551,000 

(Defense) .............................................................. (46,788,000) (46,788,000) 

MITIGATION

A total of $28,213,000 is provided for Mitigation. Within the 

total, not less than $8,500,000 is for the National Earthquake Hazards Reduction Program and not less than $9,100,000 is for the National Dam Safety Program, maintaining both programs at fiscal 

year 2016 funding levels. 

PREPAREDNESS AND PROTECTION

A total of $146,356,000 is provided for Preparedness and Protection. Within the total, not less than $2,000,000 is for the Emergency Management Assistance Compact. 

RESPONSE AND RECOVERY

A total of $243,932,000 is provided for Response and Recovery. 

Within the total, $38,280,000 is for the Urban Search and Rescue 

Response System (USAR), which maintains the fiscal year 2016 

funding level to support 28 USAR Task Forces and includes a onetime increase of $3,100,000 to ensure teams are uniformly 

equipped.

In lieu of additional funding recommended in Senate Report 114– 

264, FEMA shall brief the Committees on efforts to build upon the 

findings of the 2011 Mid-Atlantic Supply Chain Resiliency Study by 

developing innovative and efficient ways to use the national supply 

chain for post-disaster delivery of commodities, including future 

budgetary needs to implement such a strategy. 

MISSION SUPPORT

A total of $472,916,000 is provided for Mission Support, including $3,460,000 for the Office of National Capital Region Coordination.

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

A total of $35,273,000 is provided for Procurement, Construction, 

and Improvements. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Procurement, Construction, and Improvements: 

Operational Communications/Information Technology ................... $2,800,000 $2,800,000 

Construction and Facility Improvements ........................................ 21,050,000 21,050,000 

Mission Support, Assets, and Infrastructure ................................. 11,423,000 11,423,000 

Subtotal, Procurement, Construction, and Improvements .... $35,273,000 $35,273,000 

(Defense) ................................................................................ (15,500,000) (15,500,000) 
954

CONSTRUCTION AND FACILITY IMPROVEMENTS

A total of $21,050,000 is provided for Construction and Facility Improvements, including $15,500,000 for the Mount Weather 

Emergency Operations Center. 

FEMA shall provide an updated capital infrastructure investment plan for fiscal years 2017 through 2021, consistent with the 

direction in House Report 114–215. 

FEDERAL ASSISTANCE

A total of $2,983,458,000 is provided for Federal Assistance. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Federal Assistance: 

Grants:

State Homeland Security Grant Program .............................. $200,000,000 $467,000,000 

(Operation Stonegarden) ............................................... – – – (55,000,000) 

Urban Area Security Initiative ............................................... 330,000,000 605,000,000 

(Nonprofit Security) ....................................................... – – – (25,000,000) 

Public Transportation Security Assistance ............................ 85,000,000 100,000,000 

(Amtrak Security) .......................................................... (10,000,000) (10,000,000) 

(Over-the-Road Bus Security) ....................................... – – – (2,000,000) 

Port Security Grants .............................................................. 93,000,000 100,000,000 

Countering Violent Extremism ............................................... 49,000,000 – – – 

Regional Competitive Grant Program .................................... 100,000,000 – – – 

Assistance to Firefighter Grants ........................................... 335,000,000 345,000,000 

Staffing for Adequate Fire and Emergency Response 

(SAFER) Grants .................................................................. 335,000,000 345,000,000 

Emergency Management Performance Grants ...................... 350,000,000 350,000,000 

Predisaster Mitigation Fund .................................................. 54,485,000 100,000,000 

Flood Hazard Mapping and Risk Analysis Program 

(RiskMAP) .......................................................................... 177,531,000 177,531,000 

Emergency Food and Shelter ................................................. 100,000,000 120,000,000 

Subtotal, Grants .................................................. $2,209,016,000 $2,709,531,000 

Education, Training, and Exercises: 

Center for Domestic Preparedness ............................... 63,939,000 63,939,000 

Center for Homeland Defense and Security ................. 18,000,000 18,000,000 

Emergency Management Institute ................................ 19,643,000 20,569,000 

U.S. Fire Administration ............................................... 40,812,000 42,500,000 

National Domestic Preparedness Consortium .............. 36,000,000 101,000,000 

Continuing Training Grants .......................................... ........................................ 8,000,000 

National Exercise Program ........................................... 19,911,000 19,919,000 

Subtotal, Education, Training, and Exercises ..... $198,305,000 $273,927,000 

Subtotal, Federal Assistance ............................... $2,407,321,000 $2,983,458,000 

GRANTS

A total of $2,709,531,000 is provided for Grants. FEMA grantees 

shall continue to provide reports on their use of funds, as determined necessary by the Secretary. 

FEMA preparedness grants are primarily designed to build core 

capabilities to address terrorist attacks. Because the threat environment has become more dynamic, however, it has created a tension between sustaining current capabilities and addressing 

changes in the threat landscape. The FEMA risk formula, which 

determines the distribution of homeland security preparedness 

grants, should evolve with the changing threat environment while 
955

also maintaining capabilities for traditional and known threats. 

While FEMA updates data points for incorporation, and considers 

comments from grantees on how the risk formula might be improved, it is not clear that there is a comprehensive process for reevaluating the risk formula as part of the larger strategic context. 

FEMA is directed to brief the Committees not later than 180 days 

after the date of enactment of this Act on how developing and 

maintaining core capabilities addresses current and emerging 

threats; how FEMA adjusts the risk formula and training needs for 

emerging threats; and on innovative ways to increase responsiveness of the annual grant allocation process to address current 

threats.

Urban Area Security Initiative. Consistent with the 9/11 Act, 

FEMA shall conduct risk assessments for the 100 most populous 

metropolitan statistical areas prior to making UASI grant awards. 

It is expected that UASI funding will be limited to urban areas representing up to 85 percent of the cumulative national terrorism 

risk to urban areas and that resources will continue to be allocated 

in proportion to risk. 

Countering Violent Extremism. The fiscal year 2016 Consolidated Appropriations Act provided $50,000,000, available until September 

30, 2017, for emergent threats from violent extremism and from 

complex, coordinated terrorist attacks, like the 2015 incident in 

Paris, France. Of this total, $10,000,000 was dedicated specifically 

for countering violent extremism (CVE) to explore ways to prevent 

radicalization and deter recruitment of vulnerable people who could 

be inspired to commit acts of terror. Although grant awards were 

announced in accordance with congressional intent on January 13, 

2017, Congress has learned the grants have so far been withheld 

from obligation. The Department is reminded of the requirements 

set forth in the Impoundment Control Act (ICA). If the Administration is withholding this budget authority from obligation—temporarily or permanently—it is required under the ICA to send a ‘‘special message’’ to Congress and the Comptroller General of the 

United States that specifies why the funds are being withheld from 

obligation. Importantly, funds cannot be deferred for policy reasons. 

Given the current impasse and the currently available funds, no 

additional funds are provided for CVE grants in this Act. The Secretary is directed to fulfill congressional intent by releasing the fiscal year 2016 funding without delay. 

Flood Hazard Mapping and Risk Analysis. A total of 

$177,531,000 is provided for Flood Hazard Mapping and Risk Analysis. FEMA shall ensure data collection and modeling processes are 

transparent from beginning to end and involve the active participation of local jurisdictions to ensure maps accurately reflect local 

conditions and minimize costs to local communities. 

Emergency Food and Shelter Program. A total of $120,000,000 is 

provided for the Emergency Food and Shelter Program (EFSP). 

Once again, the budget request included a provision allowing the 

FEMA Administrator to transfer EFSP to the Department of Housing and Urban Development (HUD). While this proposal may have 

merit, Congress and other stakeholders have not been properly consulted in developing support for such a transfer. If future budget 

requests again propose moving EFSP to HUD, they should do so 
956

directly within the HUD budget, including the justification for moving the program; a plan for funds transfer, including previously obligated amounts and recoveries; a five-year strategic outlook for the 

program within HUD; a timeline for an interagency agreement effecting the transfer; and a description of efforts to consult with the 

EFSP National Board on the proposed move. 

EDUCATION, TRAINING, AND EXERCISES

A total of $273,927,000 is provided for Education, Training, and 

Exercises. Within the total, $8,000,000 is for Continuing Training, 

including $3,500,000 for rural first responder training. 

A total of $44,000,000 is provided for the United States Fire Administration, including $42,500,000 under this heading and 

$1,500,000 under the Procurement, Construction, and Improvements appropriation. Funding described in the Senate report for facilities at the Center for Domestic Preparedness is also included as 

part of the Procurement, Construction, and Improvements appropriation.

DISASTER RELIEF FUND

A total of $7,328,515,000 is provided for the Disaster Relief Fund 

(DRF), of which $6,713,000,000 is designated as being for disaster 

relief for major disasters pursuant to section 251(b)(2)(D) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. In 

lieu of transferring funding from the DRF to the OIG for audits of 

disaster-related grant awards, as proposed in the budget and directed in prior appropriations Acts, funding for DRF audits is provided directly to the OIG for better congressional oversight. 

As directed in Senate Report 114–264, FEMA shall provide a report, not later than 180 days after the date of enactment of this 

Act, outlining specific actions and timeframes for state and local 

governments to better share information about fiscal preparation 

for disaster costs. 

NATIONAL FLOOD INSURANCE FUND

A total of $181,799,000 is provided for the National Flood Insurance Fund. 

TITLE III—ADMINISTRATIVE PROVISIONS—THIS ACT 

Section 301. A new provision proposed by the House is included 

restricting obligations until a briefing and plan for modernizing the 

biometric identity management system is submitted. The Senate 

proposed no similar provision. 

Section 302. A new provision is included requiring the submission of a report on bio-detection capabilities. 

Section 303. A provision proposed by the House and Senate is 

continued and modified limiting expenses for administration of 

grants.

Section 304. A provision proposed by the House and Senate is 

continued specifying timeframes for certain grant applications and 

awards.
957

Section 305. A provision proposed by the House and Senate is 

continued that requires five day advance notification for certain 

grant awards under ‘‘FEMA—Federal Assistance’’. 

Section 306. A provision proposed by the House and Senate is 

continued that addresses the availability of certain grant funds for 

the installation of communications towers. 

Section 307. A provision proposed by the House and Senate is 

continued that authorizes the use of funds for certain purposes pertaining to FEMA training facilities. Funding used for such purpose 

shall only come from funds specifically appropriated to the facility 

for which the property is acquired. 

Section 308. A provision proposed by the House and Senate is 

continued and modified allowing reimbursements for the costs of 

providing humanitarian relief to unaccompanied alien children, and 

for public safety in support of a state declaration of emergency, to 

be an eligible use for certain Homeland Security grants. 

Section 309. A provision proposed by the House and Senate is 

continued that requires the submission of the monthly DRF report. 

Section 310. A new provision proposed by the Senate is included 

transferring unobligated balances from the Disaster Assistance Direct Loan Program to the Disaster Relief Fund. 

Section 311. A new provision proposed by the Senate is included 

related to earthen levees. The House proposed no similar provision. 

Section 312. A provision proposed by the House and Senate is 

continued providing for the receipt and expenditure of fees collected 

for the Radiological Emergency Preparedness Program, as authorized by Public Law 105–276. 

TITLE IV—RESEARCH, DEVELOPMENT, TRAINING, AND 

SERVICES

U.S. CITIZENSHIP AND IMMIGRATION SERVICES

OPERATIONS AND SUPPORT

A total of $103,912,000 is provided in discretionary appropriations for E-Verify. DHS is continuing to evaluate tools to analyze 

relevant social media in vetting for certain types of immigration 

benefits. It is crucial that DHS efficiently, effectively, and appropriately examine all relevant social media data sources from both 

conventional networks and the ‘‘dark web,’’ with special emphasis 

on those networks used outside the U.S. where most of the postings 

are in languages other than English. In addition, DHS must maintain persistent access to these sources throughout the adjudication 

process. Until DHS is able to incorporate social media more comprehensively into its vetting processes, USCIS is directed to work 

with the Department of State to ensure appropriate social media 

vetting for the highest risk persons seeking admission into the 

United States or seeking benefits while in the United States. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

A total of $15,227,000 is provided in discretionary appropriations 

for E-Verify. 
958

FEDERAL ASSISTANCE

In lieu of a discretionary appropriation for the Citizenship and 

Integration Grant Program, and consistent with prior years, an administrative provision is included at the end of title IV to permit 

USCIS to obligate not more than $10,000,000 from user fee revenue to support grants to benefit individuals who are lawfully admitted into the United States. In addition to the fee revenue made 

available for this purpose, the Department has the authority to accept private donations that will support activities that promote citizenship and integration. To facilitate the acceptance and use of 

such donations by USCIS, the bill establishes a Treasury account 

for that purpose. 

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

OPERATIONS AND SUPPORT

A total of $242,518,000 is provided for Operations and Support, 

including $50,748,000, made available for two years, for materials 

and support costs related to Federal law enforcement basic training 

and $27,553,000, made available for three years, for minor alterations and maintenance of facilities. FLETC shall provide to the 

Committees quarterly plans for the obligation of funds, as specified 

in the explanatory statement accompanying Public Law 114–113, 

and include a review of FLETC’s hiring campaigns and attrition 

levels.

FLETC shall detail in its annual budget submission how data 

supports its core business decision-making processes, including its 

facility utilization processes, and shall provide semi-annual updates on this ongoing initiative, beginning within the first 90 days 

of the date of the enactment of this Act. 

FLETC is encouraged to support continued testing and evaluation of both prototype and proven active shooter response technologies and to share its findings with its partner organizations. 

SCIENCE AND TECHNOLOGY DIRECTORATE

OPERATIONS AND SUPPORT

A total of $311,122,000 is provided for Operations and Support. 

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Operations and Support: 

Laboratory Facilities ....................................................................... $133,942,000 $133,942,000 

Acquisition and Operations Analysis .............................................. 48,392,000 48,392,000 

Mission Support .............................................................................. 127,904,000 128,788,000 

Subtotal, Operations and Support ......................................... $310,238,000 $311,122,000 

RESEARCH AND DEVELOPMENT

A total of $470,624,000 is provided for Research and Development.

The amount provided for this appropriation by PPA is as follows: 
959

Budget Estimate Final Bill 

Research and Development: 

Research, Development, and Innovation ........................................ $417,420,000 $430,124,000 

University Programs ........................................................................ 31,085,000 40,500,000 

Subtotal, Research and Development ................................... $448,505,000 $470,624,000 

RESEARCH, DEVELOPMENT, AND INNOVATION

A total of $430,124,000 is provided for Research, Development, 

and Innovation (RD&I). In lieu of the $12,000,000 transfer from 

BioWatch proposed by the Senate, the bill allows up to $2,000,000 

to be transferred from OHA to S&T for the advancement of next 

generation biosurveillance tools. In addition, $3,900,000 is included 

for S&T RD&I to initiate long-term research in leap-ahead technologies that can be applied across more varied operational biosurveillance environments. This work includes the establishment of 

key performance parameters for biodetection, while leveraging the 

bioterrorism research investments of other federal agencies, most 

notably the Department of Defense. 

S&T is directed to brief the Committees on the proposed allocation of RD&I funds by not later than 60 days after the date of enactment of this Act. 

In lieu of the direction in the Senate report, S&T is directed to 

brief the Committees not later than 90 days after the date of enactment of this Act on how external peer review is incorporated into 

its current processes. 

As directed in the House report, DHS shall issue a Management 

Directive formalizing the Integrated Product Team construct to ensure continued progress towards institutionalizing repeatable processes within S&T. 

S&T has formalized relationships with academic partners on 

UAS research, testing, and development, as directed in the Senate 

report. S&T is directed to expeditiously execute agreements for activities necessary to mature and institutionalize DHS’s efficient, effective use of UAS. 

As directed in the Senate report, S&T shall update the Committees on the outcome of the feasibility study for installing grid reliability technology not later than 30 days after its completion. In 

the event of a favorable outcome from the study, S&T is encouraged to continue development of the Resilient Electric Grid in partnership with the relevant utility companies. 

UNIVERSITY PROGRAMS

A total of $40,500,000 is provided for University Programs. S&T 

shall prioritize collaborations with qualified research universities to 

support critical research topics in priority areas, including border 

security, cybersecurity, and first responder technology. 

DOMESTIC NUCLEAR DETECTION OFFICE

OPERATIONS AND SUPPORT

A total of $50,042,000 is provided for Operations and Support, 

which includes a reduction of $500,000 due to personnel vacancies. 
960

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

A total of $101,053,000 is provided for Procurement, Construc- tion, and Improvements, of which $53,709,000 is for Large Scale 

Detection Systems and $47,344,000 is for Human Portable Radiation/Nuclear Detection Systems. The reduction below the request 

reflects $1,300,000 in unobligated carryover balances that should 

be used to support planned Human Portable Radiation/Nuclear Detection System procurements in fiscal year 2017. 

RESEARCH AND DEVELOPMENT

A total of $155,061,000 is provided for Research and Development.

The amount provided for this appropriation by PPA is as follows: 

Budget Estimate Final Bill 

Research and Development:.

Architecture Planning and Analysis ............................................... – – – $15,072,000 

Transformational Research and Development ............................... – – – 62,028,000 

Detection Capability Development .................................................. – – – 19,851,000 

Detection Capability Assessments ................................................. – – – 39,272,000 

Nuclear Forensics ........................................................................... – – – 18,838,000 

Subtotal, Research and Development ................................... – – – $155,061,000 

FEDERAL ASSISTANCE

A total of $46,328,000 is provided for Federal Assistance. 

Including the funds provided within the Operations and Support appropriation, the bill provides a total of $22,000,000 for Securing 

the Cities. 

TITLE IV—ADMINISTRATIVE PROVISIONS—THIS ACT 

Section 401. A provision proposed by the House and Senate is 

continued allowing USCIS to acquire, operate, equip, and dispose 

of up to five vehicles under certain scenarios. 

Section 402. A provision proposed by the House and Senate is 

continued prohibiting USCIS from granting immigration benefits 

unless the results of background checks are completed prior to the 

granting of the benefit and the results do not preclude the granting 

of the benefit. 

Section 403. A provision proposed by the Senate is continued limiting the use of A–76 competitions by USCIS. The House proposed 

no similar provision. 

Section 404. A provision proposed by the House and Senate is 

continued and modified making immigration examination fee collections explicitly available for immigrant integration grants, not to 

exceed $10,000,000, in fiscal year 2017, and allowing for related donations.

Section 405. A provision proposed by the House and Senate is 

continued authorizing the Director of FLETC to distribute funds for 

incurred training accreditation. 

Section 406. A provision proposed by the House and Senate is 

continued directing the Director of FLETC to ensure FLETC training facilities are operated at capacity throughout the fiscal year. 
961

Section 407. A provision proposed by the House and Senate is 

continued directing the FLETC Accreditation Board to lead the 

Federal law enforcement training accreditation process to measure 

and assess federal law enforcement training programs, facilities, 

and instructors. 

Section 408. A new provision proposed by the House is modified 

establishing the ‘‘Federal Law Enforcement Training Centers—Procurement, Construction, and Improvements’’ appropriation, and allowing for the acceptance of transfers from government agencies 

into this appropriation. The Senate proposed no similar provision. 

Section 409. A provision proposed by the House and Senate is 

continued classifying FLETC instructor staff as inherently governmental for certain considerations. 

TITLE V—GENERAL PROVISIONS 

(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

Section 501. A provision proposed by the House and Senate is 

continued directing that no part of any appropriation shall remain 

available for obligation beyond the current year unless expressly 

provided.

Section 502. A provision proposed by the House and Senate is 

continued providing authority to merge unexpended balances of 

prior appropriations with new appropriation accounts, to be used 

for the same purpose, subject to reprogramming guidelines. 

Section 503. A provision proposed by the House and Senate is 

continued and modified limiting reprogramming authority for funds 

within an appropriation and providing limited authority for transfers between appropriations. The Department must notify the Committees on Appropriations prior to each reprogramming of funds 

that would reduce programs, projects, activities, or personnel by 

more than ten percent. Notifications are also required for each reprogramming of funds that would increase a program, project, or 

activity by more than $5,000,000 or ten percent, whichever is less. 

The Department must submit these notifications to the Committees 

on Appropriations at least 15 days in advance of any such reprogramming.

For transfers, accounts may not be reduced by more than five 

percent or increased by more than ten percent. The Committees on 

Appropriations must be notified 30 days in advance of any transfer. 

Transfer authority is provided to give the Department flexibility 

in responding to emerging requirements and significant changes in 

circumstances, but is not primarily intended to facilitate the implementation of new programs, projects, or activities that were not 

proposed in a formal budget submission. To avoid violations of the 

Anti-Deficiency Act, the Secretary shall ensure that any transfer of 

funds is carried out in compliance with the limitations and requirements of section 503(b). In particular, the Secretary should ensure 

that any such transfers adhere to the opinion of the Comptroller 

General’s decision in The Matter of: John D. Webster, Director, Financial Services, Library of Congress, dated November 7, 1997, 

with regard to the definition of an appropriation subject to transfer 

limitations.
962

For purposes of reprogramming notifications, ‘‘program, project, 

or activity’’ is defined as an amount identified in the detailed funding table located at the end of this statement or an amount directed for a specific purpose in this statement. 

Also for purposes of reprogramming notifications, the creation of 

a new program, project, or activity is defined as any significant 

new activity that has not been explicitly justified to the Congress 

in budget justification material and for which funds have not been 

appropriated by the Congress. For further guidance when determining which movements of funds are subject to section 503, the 

Department is reminded to follow GAO’s definition of ‘‘program, 

project, or activity’’ as detailed in GAO’s A Glossary of Terms Used 

in the Federal Budget Process. Within 30 days of the date of enactment of this Act, the Department shall submit to the Committees 

a table delineating PPAs subject to section 503 notification requirements, as defined in this paragraph. 

All agencies funded by the Department of Homeland Security Appropriations Act, 2017, must comply with these reprogramming requirements. In addition, the Department shall submit requests on 

a timely basis and provide complete explanations of the proposed 

reallocations, including detailed justifications for the increases and 

offsets, and any specific impact the proposed changes would have 

on the budget request for the following fiscal year and future-year 

appropriations requirements. Each notification submitted to the 

Committees should include a detailed table showing the proposed 

revisions to funding and FTE—at the account, program, project, 

and activity level—for the current fiscal year, along with any funding and FTE impacts on the budget year. 

The Department shall manage its PPAs within the levels appropriated, and should only submit reprogramming or transfer notifications in cases of unforeseeable and compelling circumstances that 

could not have been predicted when formulating the budget request 

for the current fiscal year. When the Department submits a reprogramming or transfer notification and does not receive identical 

responses from the House and Senate Committees, it is expected to 

reconcile the differences before proceeding. 

The Department is not to submit a reprogramming or transfer 

notification after June 30 except in extraordinary circumstances 

that imminently threaten the safety of human life or the protection 

of property. If an above-threshold reprogramming or a transfer is 

needed after June 30, the notice should contain sufficient documentation as to why it meets this statutory exception. 

The section 503(a)(5) limitation on reprogramming funds for the 

purpose of reorganizing components is not intended to apply to routine or small reallocations of personnel or functions within components. Instead, this language is directed at larger reorganizations 

of the Department, to include the allocation or reallocation of functions across components and the establishment, consolidation, alteration, or discontinuation of organizational units authorized pursuant to section 872 of the Homeland Security Act of 2002. A notification under this subsection is not required for a change of homeport for USCG vessels. 

Deobligated funds are also subject to the reprogramming and 

transfer limitations and requirements set forth in this section. 
963

Section 503(e) authorizes the Secretary to transfer up to 

$20,000,000 to address immigration emergencies after notifying the 

Committees of such transfer at least five days in advance. 

Section 504. A provision proposed by the House and Senate is 

continued prohibiting funds appropriated or otherwise made available to the Department to make payment to the Working Capital 

Fund (WCF), except for activities and amounts allowed in the 

President’s fiscal year 2017 budget request. Funds provided to the 

WCF are available until expended. The Department can only 

charge components for direct usage of the WCF and these funds 

may be used only for the purposes consistent with the contributing 

component. Any funds paid in advance or for reimbursement must 

reflect the full cost of each service. The Department shall submit 

a notification prior to adding a new activity to the fund or eliminating an existing activity from the fund. For activities added to 

the fund, such notifications shall detail the source of funds by PPA. 

In addition, the Department shall submit quarterly WCF execution 

reports to the Committees that include activity-level detail. 

Section 505. A provision proposed by the House and Senate is 

continued and modified providing that not to exceed 50 percent of 

unobligated balances from prior year appropriations for each Operations and Support appropriation, the Coast Guard’s Operating Expenses appropriation, and amounts for salaries and expenses in the 

Coast Guard’s Reserve Training and Acquisition, Construction, and 

Improvements accounts, shall remain available through fiscal year 

2018, subject to section 503 reprogramming requirements. 

Section 506. A provision proposed by the House and Senate is 

continued that deems intelligence activities to be specifically authorized during fiscal year 2017 until the enactment of an Act authorizing intelligence activities for fiscal year 2017. 

Section 507. A provision proposed by the House and Senate is 

continued requiring notification to the Committees at least three 

days before DHS executes or announces grant allocations; grant 

awards; contract awards, including contracts covered by the Federal Acquisition Regulation; other transaction agreements; letters 

of intent; a task or delivery order on multiple award contracts totaling $1,000,000 or more; a task or delivery order greater than 

$10,000,000 from multi-year funds; or sole-source grant awards. 

Notifications shall include a description of projects or activities to 

be funded and their location, including city, county, and state. 

Section 508. A provision proposed by the House and Senate is 

continued prohibiting all agencies from purchasing, constructing, or 

leasing additional facilities for Federal law enforcement training 

without advance notification to the Committees. 

Section 509. A provision proposed by the House and Senate is 

continued prohibiting the use of funds for any construction, repair, 

alteration, or acquisition project for which a prospectus, if required 

under chapter 33 of title 40, United States Code, has not been approved.

Section 510. A provision proposed by the House and Senate is 

continued and modified that includes and consolidates by reference 

prior-year statutory provisions related to a contracting officer’s 

technical representative training; sensitive security information; 
964

and the use of funds in conformance with section 303 of the Energy 

Policy Act of 1992. 

Section 511. A provision proposed by the House and Senate is 

continued prohibiting the use of funds in contravention of the Buy 

American Act. 

Section 512. A provision proposed by the House and Senate is 

continued regarding the oath of allegiance required by section 337 

of the Immigration and Nationality Act. 

Section 513. A provision proposed by the House is continued prohibiting funds for the Principal Federal Official during a Stafford 

Act declared disaster or emergency, with certain exceptions. The 

Senate proposed no similar provision. 

Section 514. A provision proposed by the House and Senate is 

continued and modified extending other transactional authority for 

DHS through fiscal year 2017. 

Section 515. A provision proposed by the House and Senate is 

continued prohibiting funds for planning, testing, piloting, or developing a national identification card. 

Section 516. A provision proposed by the House and Senate is 

continued directing that any official required by this Act to report 

or certify to the Committees on Appropriations may not delegate 

such authority unless expressly authorized to do so in this Act. 

Section 517. A provision proposed by the House and Senate is 

continued prohibiting the use of funds for the transfer or release 

of individuals detained at United States Naval Station, Guantanamo Bay, Cuba into or within the United States. 

Section 518. A provision proposed by the House and Senate is 

continued prohibiting funds in this Act to be used for first-class 

travel.

Section 519. A provision proposed by the House and Senate is 

continued prohibiting the use of funds to employ illegal workers as 

described in Section 274A(h)(3) of the Immigration and Nationality 

Act.

Section 520. A provision proposed by the House and Senate is 

continued prohibiting funds appropriated or otherwise made available by this Act to pay for award or incentive fees for contractors 

with below satisfactory performance or performance that fails to 

meet the basic requirements of the contract. 

Section 521. A provision proposed by the House and Senate is 

continued requiring that any new processes developed to screen 

aviation passengers and crews for transportation or national security consider privacy and civil liberties, consistent with applicable 

laws, regulations, and guidance. 

Section 522. A provision proposed by the House and Senate is 

continued prohibiting the use of funds to enter into a federal contract unless the contract meets requirements of the Federal Property and Administrative Services Act of 1949 or chapter 137 of title 

10 U.S.C., and the Federal Acquisition Regulation, unless the contract is otherwise authorized by statute without regard to this section.

Section 523. A provision proposed by the House and the Senate 

is included and modified providing a total of $13,253,000 for DHS 

headquarters consolidation activities at St. Elizabeths. 
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Section 524. A provision proposed by the House and Senate is included and modified providing $41,215,000 for financial systems 

modernization activities, which the Secretary may transfer between 

appropriations for the same purpose after notifying the Committees 

15 days in advance. Funding is available for two years. 

Section 525. A provision proposed by the House and Senate is 

continued requiring DHS computer systems to block electronic access to pornography, except for law enforcement purposes. 

Section 526. A provision proposed by the House and Senate is 

continued regarding the transfer of firearms by Federal law enforcement personnel. 

Section 527. A provision proposed by the House and Senate is 

continued regarding funding restrictions and reporting requirements related to conferences occurring outside of the United States. 

Section 528. A provision proposed by the House and Senate is 

continued prohibiting funds to reimburse any federal department 

or agency for its participation in a National Special Security Event. 

Section 529. A provision proposed by the House and Senate is 

continued and modified requiring a notification, including justification materials, prior to implementing any structural pay reform 

that affects more than 100 full time positions or costs more than 

$5,000,000.

Section 530. A provision proposed by the House and Senate is 

continued and modified directing the Department to post on a public website reports required by the Committees on Appropriations 

unless public posting compromises homeland or national security or 

contains proprietary information. 

Section 531. A provision proposed by the House and Senate is 

continued related to the Arms Trade Treaty. 

Section 532. A provision proposed by the Senate is continued and 

modified requiring submission of offsets should the fiscal year 2018 

budget request assume revenue not enacted into law at the time 

of the budget submission. The House proposed no similar provision. 

Section 533. A provision proposed by the House is included authorizing minor procurement, construction, and improvements 

under Operations and Support appropriations, as specified. The 

Senate proposed no similar provision. 

Section 534. A provision proposed by the House and Senate is included and modified rescinding unobligated balances from specified 

programs.

Section 535. A provision is continued and modified rescinding unobligated balances made available to the Department when it was 

created in 2003. 

Section 536. A provision is continued and modified rescinding 

lapsed balances made available pursuant to section 505 of this Act. 

Section 537. A provision proposed by the House and Senate is included and modified rescinding specified funds from the Treasury 

Forfeiture Fund. 

Section 538. A provision proposed by the House and Senate is included and modified rescinding unobligated balances from FEMA 

DRF.

Section 539. A new provision is included extending the authorization of USCIS’ E–Verify Program until September 30, 2017. 
966

Section 540. A new provision is included extending the non-minister religious worker immigrant visa authorization until September 30, 2017. 

Section 541. A new provision is included extending until September 30, 2017, the authority to waive the two-year home-country 

physical presence requirement for foreign doctors with expiring J– 

1 visas who apply to remain in the United States and commit to 

working in medically underserved areas. 

Section 542. A new provision is included extending the Regional 

Center program within the ‘‘EB–5’’ immigrant investor program authorization until September 30, 2017. 

Section 543. A provision proposed by the House is continued and 

modified amending 8 U.S.C. 1184(g)(9)(A), related to H–2B visas. 

The Senate proposed no similar provision. 

Section 544. A new provision is included providing an additional $41,000,000 to reimburse extraordinary law enforcement personnel 

costs for protection activities directly and demonstrably associated 

with a residence of the President that is designated for protection. 

Although the federal government does not otherwise reimburse 

costs of state or local law enforcement for activities in support of 

the United States Secret Service protection mission, these funds 

are being provided in recognition of the extraordinary costs borne 

by a small number of jurisdictions in which a residence of the 

President is located. The funding may not be used to supplant state 

or local funds for personnel costs that would otherwise have been 

expended by a jurisdiction, and shall not be available to reimburse 

the cost of equipment. 

TITLE VI—DEPARTMENT OF HOMELAND SECURITY— 

ADDITIONAL APPROPRIATIONS 

SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

A total of $1,520,242,000 is provided for enhanced border security, including $1,140,121,000 in this title and $380,121,000 in title 

II of this Act. As directed in title I of this Act, DHS shall provide 

obligation plans to the Committees for these funds not later than 

45 days after the date of enactment of this Act. 

U.S. CUSTOMS AND BORDER PROTECTION

OPERATIONS AND SUPPORT

An additional appropriation of $274,813,000 is provided for Operations and Support. 

The Anti-Border Corruption Act (ABCA) of 2010 requires U.S. 

Customs and Border Protection (CBP) to administer polygraph examinations to all law enforcement applicants prior to their hiring. 

As an alternative to its current polygraph exam, the Law Enforcement Pre-employment Test (LEPET), CBP is considering adopting 

a shorter, alternative test, the Test for Espionage, Sabotage, and 

Corruption (TES–C). As a precursor to adopting any alternative to 

the LEPET, CBP is directed to first carry out a trial implementation of the alternative standard for a subset of Border Patrol applicants for no longer than a six month period. After completing the 

trial, CBP shall submit a detailed report to the Committees on Ap-
967

propriations of the Senate and the House of Representatives, the 

Committee on Homeland Security and Government Affairs of the 

Senate, and the Committee on Homeland Security of the House of 

Representatives describing the trial and its results, including the 

rationale for considering an alternate standard; changes in hiring 

efficiencies; comparisons between the results of the LEPET and the 

alternative standard; an analysis of risks that would be associated 

with adopting the alternative standard and planned efforts to mitigate such risk; and the costs of implementation. 

The additional amount provided for this appropriation by PPA is 

as follows: 

Final Bill 

Operations and Support: 

Border Security Operations: 

U.S. Border Patrol: 

Operations:

United States Border Patrol Relocations ................................................................... $25,000,000 

Surge Operations ........................................................................................................ 8,920,000

Subtotal, Operations ............................................................................................................ 33,920,000 

Assets and Support: 

Border Technology—Tactical Communications ......................................................... 20,000,000 

Border Road Maintenance—758 miles ..................................................................... 22,400,000 

Facilities Maintenance Backlog ................................................................................. 30,000,000 

Surge Operations ........................................................................................................ 12,310,000

Subtotal, Assets and Support ............................................................................................. 84,710,000

Subtotal, Border Security Operations ........................................................................................... 118,630,000

Trade and Travel Operations: 

Office of Field Operations: 

Targeting Operations: 

Border Technology—CBP National Targeting Center Enhancements ................... 10,000,000 

Surge Operations ................................................................................................... 14,460,000 

Subtotal, Targeting Operations ........................................................................................... 24,460,000

Assets and Support: 

Owned Facilities Maintenance Backlog ................................................................. 17,500,000 

Border Technology—Port of Entry Technology Enhancements .............................. 39,804,000 

Surge Operations ................................................................................................... 12,310,000 

Subtotal, Assets and Support ............................................................................................. 69,614,000

Subtotal, Trade and Travel Operations ........................................................................................ 94,074,000

Integrated Operations: 

Air and Marine Operations: 

Assets and Support: 

Border Technology—Tethered Aerostat Radar System .......................................... 18,143,000 

Subtotal, Assets and Support ............................................................................................. 18,143,000

Subtotal, Integrated Operations ................................................................................................... 18,143,000 

Mission Support: 

Enterprise Services: 

Expand Human Resource Management (HRM) Capacity ........................................... 21,129,000 

Additional HRM and Internal Affairs Staffing ........................................................... 10,910,000 

Border Technology—Office of Infrastructure and Technology ................................... 3,368,000 

Surge Operations ........................................................................................................ 198,000

Subtotal, Enterprise Services .............................................................................................. 35,605,000

Office of Professional Responsibility: 

Polygraph Examiner Retention ................................................................................... 4,271,000 

Additional HRM and Internal Affairs Staffing ........................................................... 4,090,000 
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Final Bill 

Subtotal, Office of Professional Responsibility ................................................................... 8,361,000 

Subtotal, Mission Support ............................................................................................................ 43,966,000 

Subtotal, Operations and Support ........................................................................................................ $274,813,000 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

An additional appropriation of $497,400,000 is provided for Procurement, Construction, and Improvements. 

The additional amount provided for this appropriation by PPA is 

as follows: 

Final Bill 

Procurement, Construction, and Improvements: 

Border Security Assets and Infrastructure: 

Replacement of primary pedestrian fencing in high priority areas—20 miles ......................... $146,000,000 

Replacement of vehicle fencing with primary pedestrian fencing in high priority areas—20 

miles ........................................................................................................................................ 146,000,000 

Gates for existing barriers—35 gates ........................................................................................ 49,200,000

Roads—New Road Construction—26 miles ............................................................................... 77,400,000 

Border Technology—18 Remote Video Surveillance Systems, Rio Grande Valley (RGV) and 

Laredo (LRT) Sectors ................................................................................................................ 37,000,000 

Border Technology—19 Mobile Video Surveillance Systems (MVSS) in LRT and Del Rio Sectors ........................................................................................................................................... 11,500,000 

Border Technology—Additional RVSS and MVSS in RGV ............................................................ 20,000,000 

Subtotal, Border Security Assets and Infrastructure ............................................................................ 487,100,000

Trade and Travel Assets and Infrastructure: 

Border Technology—Port of Entry Technology ............................................................................. 10,300,000

Subtotal, Trade and Travel Assets and Infrastructure ......................................................................... 10,300,000

Subtotal, Procurement, Construction, and Improvements ............................................................................. $497,400,000 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

OPERATIONS AND SUPPORT

An additional appropriation of $236,908,000 is provided in this 

title for Enforcement and Removal Operations (ERO). This amount 

augments the $380,121,000 above the fiscal year 2017 budget request for custody operations and transportation provided in title II 

for ERO. The total ERO increase of $617,029,000 supports custody 

and related transportation requirements, along with an increase in 

the average daily number of participants in the Alternatives to Detention program. 

U.S. Immigration and Customs Enforcement (ICE) shall refrain 

from entering into new contracts or other agreements, or changing 

or significantly modifying existing contracts or other agreements, to 

detain individuals unless such contracts or agreements meet or exceed the Performance Based National Detention Standards 

(PBNDS) 2011, as revised in 2016 and which were in effect on January 1, 2017, unless the Secretary submits a report to the Committees on Appropriations of the Senate and the House of Representatives at least 30 days in advance justifying the rationale for requiring changed standards. 
969

Within 45 days after the date of enactment of this Act, ICE shall 

report on its progress in implementing the 2011 PBNDS and requirements related to Public Law 108–79 (PREA). This report shall 

include a list of detention facilities delineated by the detention 

standards with which they are obligated to comply; a plan and 

schedule for bringing into compliance each facility that is not currently obligated to comply with PBNDS 2011 and PREA requirements; and estimated costs for fiscal year 2017 and future years for 

bringing all such facilities into compliance. If ICE does not plan to 

bring certain facilities or categories of facilities into compliance 

with PBNDS 2011, the plan shall include the rationale for such decision.

The additional amount provided for this appropriation by PPA is 

as follows: 

Final Bill 

Operations and Support: 

Enforcement & Removal Operations: 

Custody Operations ...................................................................................................................... $147,870,000 

Alternatives to Detention .............................................................................................................. 57,392,000 

Transportation & Removal Program ............................................................................................. 31,646,000

Subtotal, Enforcement & Removal Operations ................................................................... 236,908,000 

Subtotal, Operations & Support ................................................................................................... $236,908,000 

UNITED STATES SECRET SERVICE

OPERATIONS AND SUPPORT

An additional appropriation of $58,012,000 is provided for Operations and Support, of which $24,000,000 is for the settlement of 

Moore vs. Napolitano and $34,012,000 is for increased physical 

presidential and other security requirements. 

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

An additional appropriation of $72,988,000 is provided for Pro- curement, Construction, and Improvements, of which $22,988,000 

is for increased facilities security requirements and $50,000,000 is 

for the installation of new White House Crown Fence segments. 

ADMINISTRATIVE PROVISIONS—THIS ACT 

Section 601. A provision is included directing that funds made 

available in this title are additional to amounts appropriated or 

otherwise made available for DHS for fiscal year 2017. 
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(1019)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION G—DEPARTMENT OF THE INTERIOR, 

ENVIRONMENT, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2017 

(1021)

DIVISION G—DEPARTMENT OF THE IN-TERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 

TITLE I 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of 

easements and other interests in lands, and performance of other 

functions, including maintenance of facilities, as authorized by law, 

in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of 

public lands pursuant to section 1010(a) of Public Law 96–487 (16 

U.S.C. 3150(a)), $1,095,375,000, to remain available until expended, including all such amounts as are collected from permit 

processing fees, as authorized but made subject to future appropriation by section 35(d)(3)(A)(i) of the Mineral Leasing Act (30 

U.S.C. 191), except that amounts from permit processing fees may 

be used for any bureau-related expenses associated with the processing of oil and gas applications for permits to drill and related 

use of authorizations; of which $3,000,000 shall be available in fiscal year 2017 subject to a match by at least an equal amount by 

the National Fish and Wildlife Foundation for cost-shared projects 

supporting conservation of Bureau lands; and such funds shall be 

advanced to the Foundation as a lump-sum grant without regard 

to when expenses are incurred. 

In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining 

claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees 

that are hereby authorized for fiscal year 2017, so as to result in 

a final appropriation estimated at not more than $1,095,375,000, 

and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of 

administering communication site activities. 

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and 318(d) 

of Public Law 94–579, including administrative expenses and acquisition of lands or waters, or interests therein, $31,416,000, to be 
1022

derived from the Land and Water Conservation Fund and to remain available until expended. 

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance 

of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent 

to such grant lands; $106,985,000, to remain available until expended: Provided, That 25 percent of the aggregate of all receipts 

during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the 

Oregon and California land-grant fund and shall be transferred to 

the General Fund in the Treasury in accordance with the second 

paragraph of subsection (b) of title II of the Act of August 28, 1937 

(43 U.S.C. 1181f). 

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to 

section 401 of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1751), notwithstanding any other Act, sums equal 

to 50 percent of all moneys received during the prior fiscal year 

under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 

315m) and the amount designated for range improvements from 

grazing fees and mineral leasing receipts from Bankhead-Jones 

lands transferred to the Department of the Interior pursuant to 

law, but not less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available 

for administrative expenses. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing 

application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of 

official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts 

as may be collected under Public Law 94–579 (43 U.S.C. 1701 et 

seq.), and under section 28 of the Mineral Leasing Act (30 U.S.C. 

185), to remain available until expended: Provided, 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, 
1023

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 to repair damage to the exact land for which funds were collected may be used 

to repair other damaged public lands. 

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing 

laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94–579 (43 U.S.C. 1737), 

and such amounts as may be advanced for administrative costs, 

surveys, appraisals, and costs of making conveyances of omitted 

lands under section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available until expended. 

ADMINISTRATIVE PROVISIONS

The Bureau of Land Management may carry out the operations 

funded under this Act by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public 

and private entities, including with States. Appropriations for the 

Bureau shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of 

necessary buildings and appurtenant facilities to which the United 

States has title; up to $100,000 for payments, at the discretion of 

the Secretary, for information or evidence concerning violations of 

laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary’s certificate, 

not to exceed $10,000: Provided, That notwithstanding Public Law 

90–620 (44 U.S.C. 501), the Bureau may, under cooperative costsharing 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 
1024

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) 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: 
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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 the 

Cooperative Endangered Species Conservation Fund; and of which 

$30,800,000 is to be derived from the Land and Water Conservation Fund. 

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $13,228,000. 

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North 

American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), 

$38,145,000, to remain available until expended. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain available until expended. 

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and 

Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great 

Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), 

$11,061,000, to remain available until expended. 

STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District of 

Columbia, Puerto Rico, Guam, the United States Virgin Islands, 

the Northern Mariana Islands, American Samoa, and Indian tribes 

under the provisions of the Fish and Wildlife Act of 1956 and the 

Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, 

including species that are not hunted or fished, $62,571,000, to remain available until expended: Provided, That of the amount pro- vided 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 adminis-
1026

trative 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 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 
1027

appropriation, to be used for expenses of processing of such nontoxic 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 

Park Service, $2,425,018,000, of which $10,032,000 for planning 

and interagency coordination in support of Everglades restoration 

and $124,461,000 for maintenance, repair, or rehabilitation projects 

for constructed assets shall remain available until September 30, 

2018: Provided, That funds appropriated under this heading in this 

Act are available for the purposes of section 5 of Public Law 95– 

348.

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural 

programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and 

grant administration, not otherwise provided for, $62,638,000. 

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the National Historic 

Preservation Act (division A of subtitle III of title 54, United States 

Code), $80,910,000, to be derived from the Historic Preservation 

Fund and to remain available until September 30, 2018, of which 

$5,000,000 shall be for Save America’s Treasures grants for preservation of national significant sites, structures, and artifacts as authorized by section 7303 of the Omnibus Public Land Management 

Act of 2009 (54 U.S.C. 3089): Provided, That an individual Save 

America’s Treasures grant shall be matched by non-Federal funds: 

Provided further, That individual projects shall only be eligible for 

one grant: Provided further, 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. 
1028

CONSTRUCTION

For construction, improvements, repair, or replacement of physical facilities, and compliance and planning for programs and areas 

administered by the National Park Service, $209,353,000, to remain available until expended: Provided, That, notwithstanding 

any other provision of law, for any project initially funded in fiscal 

year 2017 with a future phase indicated in the National Park Service 5-Year Line Item Construction Plan, a single procurement may 

be issued which includes the full scope of the project: Provided further, 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 

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. 

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. 

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. 
1029

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

In addition to other uses set forth in section 101917(c)(2) of title 

54, United States Code, franchise fees credited to a sub-account 

shall be available for expenditure by the Secretary, without further 

appropriation, for use at any unit within the National Park System 

to extinguish or reduce liability for Possessory Interest or leasehold 

surrender interest. Such funds may only be used for this purpose 

to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount 

of funds used to extinguish or reduce liability. Franchise fees at the 

benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract 

at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. 

For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of 

Mexico Energy Security Act of 2006 (Public Law 109–432), 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 onehalf the cost of topographic mapping or water resources data collec-
1030

tion and investigations carried on in cooperation with States and 

municipalities.

ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the United 

States Geological Survey such sums as are necessary shall be available for contracting for the furnishing of topographic maps and for 

the making of geophysical or other specialized surveys when it is 

administratively determined that such procedures are in the public 

interest; construction and maintenance of necessary buildings and 

appurtenant facilities; acquisition of lands for gauging stations and 

observation wells; expenses of the United States National Committee for Geological Sciences; and payment of compensation and 

expenses of persons employed by the Survey duly appointed to represent the United States in the negotiation and administration of 

interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in section 6302 

of title 31, United States Code: Provided further, That 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 or recent graduates, who shall be considered employees for the purpose of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, 

United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. 

BUREAU OF OCEAN ENERGY MANAGEMENT

OCEAN ENERGY MANAGEMENT

For expenses necessary for granting leases, easements, rights-ofway 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 rea-
1031

sonable 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 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.
1032

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 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 Ap-
1033

palachian 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 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 

$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 
1034

Assistance Act agreements with the Bureau of Indian Affairs for 

fiscal year 2017, such sums as may be necessary, which shall be 

available for obligation through September 30, 2018: Provided,

That notwithstanding any other provision of law, no amounts made 

available under this heading shall be available for transfer to another budget account. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, 

including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for 

farming, and for construction of the Navajo Indian Irrigation 

Project pursuant to Public Law 87–483, $192,017,000, to remain 

available until expended: Provided, That such amounts as may be 

available for the construction of the Navajo Indian Irrigation 

Project may be transferred to the Bureau of Reclamation: Provided

further, That not to exceed 6 percent of contract authority available 

to the Bureau of Indian Affairs from the Federal Highway Trust 

Fund may be used to cover the road program management costs of 

the Bureau: Provided further, That any funds provided for the 

Safety of Dams program pursuant to 25 U.S.C. 13 shall be made 

available on a nonreimbursable basis: Provided further, That for 

fiscal year 2017, in implementing new construction, replacement 

facilities construction, or facilities improvement and repair project 

grants in excess of $100,000 that are provided to grant schools 

under Public Law 100–297, the Secretary of the Interior shall use 

the Administrative and Audit Requirements and Cost Principles for 

Assistance Programs contained in 43 CFR part 12 as the regulatory 

requirements: Provided further, That such grants shall not 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 
1035

share of construction costs for space expansion needed in agency offices to meet trust reform implementation. 

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to 

Public Laws 99–264, 100–580, 101–618, 111–11, 111–291, and 114– 

322, and for implementation of other land and water rights settlements, $45,045,000, to remain available until expended. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans and insured loans, $8,757,000, 

of which $1,182,000 is for administrative expenses, as authorized 

by the Indian Financing Act of 1974: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further,

That these funds are available to subsidize total loan principal, any 

part of which is to be guaranteed or insured, not to exceed 

$120,050,595.

ADMINISTRATIVE PROVISIONS

(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 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. 
1036

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 Bureaufunded 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. 

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 
1037

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.

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 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.
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INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions 

identified in section 104(e) of Public Law 108–188, $91,925,000, of 

which: (1) $82,477,000 shall remain available until expended for 

territorial assistance, including general technical assistance, maintenance assistance, disaster assistance, coral reef initiative activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the Government of 

American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands as authorized by law; grants to the 

Government of Guam, as authorized by law; and grants to the Government of the Northern Mariana Islands as authorized by law 

(Public Law 94–241; 90 Stat. 272); and (2) $9,448,000 shall be 

available until September 30, 2018, for salaries and expenses of the 

Office of Insular Affairs: Provided, That all financial transactions 

of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with 

chapter 35 of title 31, United States Code: Provided further, That 

Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special 

Representatives on Future United States Financial Assistance for 

the Northern Mariana Islands approved by Public Law 104–134: 

Provided further, That the funds for the program of operations and 

maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to 

timely maintenance of its capital assets: Provided further, That any 

appropriation for disaster assistance under this heading in this Act 

or previous appropriations Acts may be used as non-Federal matching funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5170c). 

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. 
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ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

At the request of the Governor of Guam, the Secretary may 

transfer discretionary funds or mandatory funds provided under 

section 104(e) of Public Law 108–188 and Public Law 104–134, that 

are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan 

administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated 

Farm and Rural Development Act for construction and repair 

projects in Guam, and such funds shall remain available until expended: Provided, That such costs, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That such loans or loan guarantees may be made without regard to the population of the area, 

credit elsewhere requirements, and restrictions on the types of eligible entities under the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development 

Act: Provided further, That any funds transferred to the Secretary 

of Agriculture shall be in addition to funds otherwise made available to make or guarantee loans under such authorities. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor, $65,769,000. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General, $50,047,000.

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, 

$139,029,000, to remain available until expended, of which 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 SelfDetermination Act of 1975 (25 U.S.C. 450 et seq.), shall remain 
1040

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: 

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 
1041

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 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. 
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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 

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, edu-
1043

cational, 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-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 
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response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into 

the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on 

lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 (7 U.S.C. 7717(b)); 

for emergency reclamation projects under section 410 of Public Law 

95–87; and shall transfer, from any no year funds available to the 

Office of Surface Mining Reclamation and Enforcement, such funds 

as may be necessary to permit assumption of regulatory authority 

in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations 

made in this title for wildland fire operations shall be available for 

the payment of obligations incurred during the preceding fiscal 

year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with 

their use for wildland fire operations, such reimbursement to be 

credited to appropriations currently available at the time of receipt 

thereof: Provided further, That for wildland fire operations, no 

funds shall be made available under this authority until the Secretary determines that funds appropriated for ‘‘wildland fire operations’’ and ‘‘FLAME Wildfire Suppression Reserve Fund’’ shall be 

exhausted within 30 days: Provided further, That all funds used 

pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds 

were transferred. 

AUTHORIZED USE OF FUNDS

SEC. 103. Appropriations made to the Department of the Interior 

in this title shall be available for services as authorized by section 

3109 of title 5, United States Code, when authorized by the Secretary, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; 

hire of passenger motor vehicles; purchase of reprints; payment for 

telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment 

of dues, when authorized by the Secretary, for library membership 

in societies or associations which issue publications to members 

only or at a price to members lower than to subscribers who are 

not members. 

AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT

SEC. 104. Appropriations made in this Act under the headings 

Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the 

same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically 

designated in this Act for such purpose. 
1045

REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS

SEC. 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, 

unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in 

fiscal year 2017. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 

percent limitation does not apply. 

ELLIS, GOVERNORS, AND LIBERTY ISLANDS

SEC. 106. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, 

or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the 

support of transportation and accommodation of visitors to Ellis, 

Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including 

franchise fees (and other monetary consideration), or by exchange; 

and the Secretary is authorized to negotiate and enter into leases, 

subleases, concession contracts or other agreements for the use of 

such facilities on such terms and conditions as the Secretary may 

determine reasonable. 

OUTER CONTINENTAL SHELF INSPECTION FEES

SEC. 107. (a) In fiscal year 2017, the Secretary shall collect a 

nonrefundable inspection fee, which shall be deposited in the ‘‘Offshore Safety and Environmental Enforcement’’ account, from the 

designated operator for facilities subject to inspection under 43 

U.S.C. 1348(c). 

(b) Annual fees shall be collected for facilities that are above the 

waterline, excluding drilling rigs, and are in place at the start of 

the fiscal year. Fees for fiscal year 2017 shall be: (1) $10,500 for facilities with no wells, but with processing 

equipment or gathering lines; (2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $31,500 for facilities with more than 10 wells, with any 

combination of active or inactive wells. 

(c) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2017. Fees for fiscal year 2017 shall be: 

(1) $30,500 per inspection for rigs operating in water depths 

of 500 feet or more; and 

(2) $16,700 per inspection for rigs operating in water depths 

of less than 500 feet. 

(d) The Secretary shall bill designated operators under subsection (b) within 60 days, with payment required within 30 days 

of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. 
1046

BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND

ENFORCEMENT REORGANIZATION

SEC. 108. The Secretary of the Interior, in order to implement a 

reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, may transfer funds among and between 

the successor offices and bureaus affected by the reorganization 

only in conformance with the reprogramming guidelines described 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING

FACILITIES

SEC. 109. Notwithstanding any other provision of this Act, the 

Secretary of the Interior may enter into multiyear cooperative 

agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with 

the provisions of section 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) shall not 

apply), for the long-term care and maintenance of excess wild free 

roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. 

MASS MARKING OF SALMONIDS

SEC. 110. The United States Fish and Wildlife Service shall, in 

carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of 

salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked 

fish must have a visible mark that can be readily identified by 

commercial and recreational fishers. 

EXHAUSTION OF ADMINISTRATIVE REVIEW

SEC. 111. Paragraph (1) of section 122(a) of division E of Public 

Law 112–74 (125 Stat. 1013) is amended by striking ‘‘through 

2018,’’ in the first sentence and inserting ‘‘through 2020,’’. 

WILD LANDS FUNDING PROHIBITION

SEC. 112. None of the funds made available in this Act or any 

other Act may be used to implement, administer, or enforce Secretarial Order No. 3310 issued by the Secretary of the Interior on December 22, 2010: Provided, That nothing in this section shall restrict the Secretary’s authorities under sections 201 and 202 of the 

Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711 

and 1712). 

CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

SEC. 113. Notwithstanding any other provision of law, during fiscal year 2017, in carrying out work involving cooperation with 

State, local, and tribal governments or any political subdivision 
1047

thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the 

end of the fiscal year shall not exceed total budgetary resources 

available at the end of the fiscal year. 

SAGE-GROUSE

SEC. 114. None of the funds made available by this or any other 

Act may be used by the Secretary of the Interior to write or issue 

pursuant to section 4 of the Endangered Species Act of 1973 (16 

U.S.C. 1533)— 

(1) a proposed rule for greater sage-grouse (Centrocercus

urophasianus);

(2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse. 

BLUE RIDGE NATIONAL HERITAGE AREA AND ERIE CANALWAY

NATIONAL HERITAGE CORRIDOR

SEC. 115. (a) Section 140(i)(1) of Title I of Public Law 108–108, 

as amended (54 U.S.C. 320101 note), is further amended by striking ‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’; and 

(b) Section 810(a)(1) of Title VIII of Division B of Appendix D of 

Public Law 106–554, as amended (54 U.S.C. 320101 note), is further amended by striking ‘‘$10,000,000’’ and inserting 

‘‘$12,000,000’’.

HUMANE TRANSFER OF EXCESS ANIMALS

SEC. 116. Notwithstanding any other provision of law, the Secretary of the Interior may transfer excess wild horses or burros 

that have been removed from the public lands to other Federal, 

State, and local government agencies for use as work animals: Provided, That the Secretary may make any such transfer immediately upon request of such Federal, State, or local government 

agency: Provided further, That any excess animal transferred 

under this provision shall lose its status as a wild free-roaming 

horse or burro as defined in the Wild Free-Roaming Horses and 

Burros Act: Provided further, That any Federal, State, or local government agency receiving excess wild horses or burros as authorized in this section shall not: destroy the horses or burros in a way 

that results in their destruction into commercial products; sell or 

otherwise transfer the horses or burros in a way that results in 

their destruction for processing into commercial products; or 

euthanize the horses or burros except upon the recommendation of 

a licensed veterinarian, in cases of severe injury, illness, or advanced age. 

REPUBLIC OF PALAU

SEC. 117. (a) IN GENERAL.—Subject to subsection (c), the United 

States Government, through the Secretary of the Interior shall provide to the Government of Palau for fiscal year 2017 grants in 

amounts equal to the annual amounts specified in subsections (a), 

(c), and (d) of section 211 of the Compact of Free Association between the Government of the United States of America and the 
1048

Government of Palau (48 U.S.C. 1931 note) (referred to in this section as the ‘‘Compact’’). 

(b) PROGRAMMATIC ASSISTANCE.—Subject to subsection (c), the 

United States shall provide programmatic assistance to the Republic of Palau for fiscal year 2017 in amounts equal to the amounts 

provided in subsections (a) and (b)(1) of section 221 of the Compact. 

(c) LIMITATIONS ON ASSISTANCE.—

(1) IN GENERAL.—The grants and programmatic assistance 

provided under subsections (a) and (b) shall be provided to the 

same extent and in the same manner as the grants and assistance were provided in fiscal year 2009. 

(2) TRUST FUND.—If the Government of Palau withdraws 

more than $5,000,000 from the trust fund established under 

section 211(f) of the Compact, amounts to be provided under 

subsections (a) and (b) shall be withheld from the Government 

of Palau. 

DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM

SEC. 118. (a) Notwithstanding any other provision of law relating 

to Federal grants and cooperative agreements, the Secretary of the 

Interior is authorized to make grants to, or enter into cooperative 

agreements with, private nonprofit organizations designated by the 

Secretary of Labor under title V of the Older Americans Act of 

1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and 

consistent with such provisions of law. 

(b) Prior to awarding any grant or agreement under subsection 

(a), the Secretary shall ensure that the agreement would not— 

(1) result in the displacement of individuals currently employed by the Department, including partial displacement 

through reduction of non-overtime hours, wages, or employment benefits; 

(2) result in the use of an individual under the Department 

of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status 

from the same or substantially equivalent job within the Department; or 

(3) affect existing contracts for services. 

NATCHEZ NATIONAL HISTORICAL PARK

SEC. 119. The Secretary of the Interior is authorized to acquire 

by donation or purchase from willing sellers, any lands at the site 

of the historic Forks of the Road Slave Market, as generally depicted on the map entitled ‘‘Natchez National Historical Park—Proposed Boundary Addition’’, numbered 339/116045, and dated April 

2016. Upon acquisition of any land or interests in land, the Secretary shall revise the boundary of Natchez National Historical 

Park to reflect the acquisition and the land shall be managed in 

accordance with the laws and regulations applicable to the park: 

Provided, That section 7 of Public Law 100–479 is amended by inserting ‘‘land acquisition and development as authorized in’’ after 

‘‘carry out’’. 
1049

SPECIAL RESOURCE STUDY TO PRESERVE CIVIL RIGHTS SITES

SEC. 120. (a) STUDY.—The Secretary of the Interior (referred to 

in this section as the ‘‘Secretary’’) shall conduct a special resource 

study of significant civil rights sites in the State of Mississippi, including—

(1) the home of the late civil rights activist Medgar Evers, 

located at 2332 Margaret Walker Alexander Drive, Jackson, 

Mississippi;

(2) the Tallahatchie County Courthouse, located at 100 

North Court Street, Sumner, Mississippi; 

(3) the site of Bryant’s Store, located at the intersection of 

County Road 518 and County Road 24, Money, Mississippi; 

(4) the site of the former office of Dr. Gilbert Mason, Sr., located at 670 Division Street, Biloxi, Mississippi; and 

(5) the Old Neshoba County Jail, located at 422 Myrtle Avenue, East, Philadelphia, Mississippi. 

(b) CONTENTS.—In conducting the study under subsection (a), the 

Secretary shall— 

(1) evaluate the national significance of each site; 

(2) determine the suitability and feasibility of designating 

each site as a unit of the National Park System; 

(3)(A) take into consideration other alternatives for preservation, protection, and interpretation of each site by— 

(i) Federal, State, or local governmental entities; or 

(ii) private or nonprofit organizations; and 

(B) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated 

with the alternatives; and 

(4) consult with interested Federal, State, and local governmental entities, private and nonprofit organizations, and other 

individuals.

(c) APPLICABLE LAW.—The study under subsection (a) shall be 

conducted in accordance with section 100507 of title 54, United 

States Code. 

(d) STUDY RESULTS.—Not later than 3 years after the date on 

which funds are initially made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural 

Resources of the House of Representatives and the Committee on 

Energy and Natural Resources of the Senate a report that describes—

(1) the results of the study; and 

(2) any relevant conclusions and recommendations of the 

Secretary.

CONTINUOUS OPERATIONS

SEC. 121. Not later than 30 days after the date of enactment of 

this Act, the Secretary of the Interior shall amend the regulations 

issued under section 250.180 of title 30, Code of Federal Regulations—

(1) by striking each reference to ‘‘180 days’’ and inserting 

‘‘year’’;

(2) by striking each reference to ‘‘180th day’’ and inserting 

‘‘year’’; and 
1050

(3) by striking each reference to ‘‘180-day period’’ and inserting ‘‘1-year period’’. 

BUREAU OF LAND MANAGEMENT FOUNDATION

SEC. 122. (a) DEFINITIONS.—In this section: 

(1) BOARD.—The term ‘‘Board’’ means the Board of Directors 

of the Foundation established under subsection (c). 

(2) FOUNDATION.—The term ‘‘Foundation’’ means the Bureau 

of Land Management Foundation established by subsection 

(b)(1)(A).

(3) PUBLIC LAND.—The term ‘‘public land’’ has the meaning 

given the term ‘‘public lands’’ in section 103 of the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1702). 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(5) WILD FREE-ROAMING HORSES AND BURROS.—The term 

‘‘wild free-roaming horses and burros’’ has the meaning given 

the term in section 2 of Public Law 92–195 (commonly known 

as the ‘‘Wild Free-Roaming Horses And Burros Act’’) (16 U.S.C. 

1332).

(b) ESTABLISHMENT AND PURPOSES.— (1) ESTABLISHMENT.— (A) IN GENERAL.—There is established a foundation, to 

be known as the ‘‘Bureau of Land Management Foundation’’.

(B) LIMITATION.—The Foundation shall not be considered to be an agency or establishment of the United 

States.

(C) TAX EXEMPTION.—The Foundation shall be considered to be a charitable and nonprofit corporation under 

section 501(c)(3) of the Internal Revenue Code of 1986. 

(2) PURPOSES.—The purposes of the Foundation are— 

(A) to encourage, accept, and administer private gifts of 

money and real and personal property for the benefit of, or 

in connection with the activities and services of, the Bureau of Land Management; 

(B) to carry out activities that advance the purposes for 

which public land is administered; 

(C) to carry out and encourage educational, technical, 

scientific, and other assistance or activities that support 

the mission of the Bureau of Land Management; and 

(D) to assist the Bureau of Land Management with challenges that could be better addressed with the support of 

a foundation, including— 

(i) reclamation and conservation activities; 

(ii) activities relating to wild free-roaming horses 

and burros; and 

(iii) the stewardship of cultural and archeological 

treasures on public land. 

(c) BOARD OF DIRECTORS.—

(1) ESTABLISHMENT.—

(A) IN GENERAL.—The Foundation shall be governed by 

a Board of Directors. 

(B) COMPOSITION.—
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(i) IN GENERAL.—The Board shall consist of not more 

than 9 members. 

(ii) EX-OFFICIO MEMBER.—The Director of the Bureau of Land Management shall be an ex-officio, nonvoting member of the Board. 

(C) REQUIREMENTS.—

(i) CITIZENSHIP.—A member appointed to the Board 

shall be a citizen of the United States. 

(ii) EXPERTISE.—A majority of members appointed to 

the Board shall have education or experience relating 

to natural, cultural, conservation, or other resource 

management, law, or research. 

(iii) DIVERSE POINTS OF VIEW.—To the maximum extent practicable, the members of the Board shall represent diverse points of view. 

(2) DATE OF INITIAL APPOINTMENT.—Not later than 1 year 

after the date of enactment of this Act, the Secretary shall appoint the initial members of the Board. 

(3) TERMS.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), a member of the Board shall be appointed for a term 

of 6 years. 

(B) INITIAL APPOINTMENTS.—The Secretary shall stagger 

the initial appointments to the Board, as the Secretary determines to be appropriate, in a manner that ensures 

that—

(i) 1/3 of the members shall serve for a term of 2 

years;

(ii) 1/3 of the members shall serve for a term of 4 

years; and 

(iii) 1/3 of the members shall serve for a term of 6 

years.

(C) VACANCIES.—A vacancy on the Board shall be 

filled—

(i) not later than 60 days after the date of the vacancy;

(ii) in the manner in which the original appointment 

was made; and 

(iii) for the remainder of the term of the member 

vacating the Board. 

(D) REMOVAL FOR FAILURE TO ATTEND MEETINGS.—

(i) IN GENERAL.—A member of the Board may be removed from the Board by a majority vote of the Board, 

if the individual fails to attend 3 consecutive regularly 

scheduled meetings of the Board. 

(ii) REQUIREMENTS.—A vacancy as the result of a removal under clause (i) shall be filled in accordance 

with subparagraph (C). 

(E) LIMITATION.—A member of the Board shall not serve 

more than 12 consecutive years on the Board. 

(4) CHAIRPERSON.—

(A) IN GENERAL.—The Board shall elect a Chairperson 

from among the members of the Board. 

(B) TERM.—The Chairperson of the Board— 
1052

(i) shall serve as Chairperson for a 2-year term; and 

(ii) may be reelected as Chairperson while serving 

as a member of the Board. 

(5) QUORUM.—A majority of the voting members of the Board 

shall constitute a quorum for the transaction of business of the 

Board.

(6) MEETINGS.—The Board shall meet— 

(A) at the call of the Chairperson; but 

(B) not less than once each calendar year. 

(7) REIMBURSEMENT OF EXPENSES.—

(A) IN GENERAL.—Serving as a member of the Board 

shall not constitute employment by the Federal Government for any purpose. 

(B) REIMBURSEMENT.—A member of the Board shall 

serve without pay, other than reimbursement for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the member for 

the Foundation, in accordance with section 5703 of title 5, 

United States Code. 

(8) GENERAL POWERS.—The Board may— 

(A) appoint officers and employees in accordance with 

paragraph (9); 

(B) adopt a constitution and bylaws consistent with the 

purposes of the Foundation and this section; and 

(C) carry out any other activities that may be necessary 

to function and to carry out this section. 

(9) OFFICERS AND EMPLOYEES.—

(A) IN GENERAL.—No officer or employee may be appointed to the Foundation until the date on which the 

Board determines that the Foundation has sufficient funds 

to pay for the service of the officer or employee. 

(B) LIMITATION.—Appointment as an officer or employee 

of the Foundation shall not constitute employment by the 

Federal Government. 

(10) LIMITATION AND CONFLICTS OF INTEREST.—

(A) PROHIBITION ON POLITICAL ACTIVITY.—The Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office. 

(B) LIMITATION ON PARTICIPATION.—No member of the 

Board or officer or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation that affects—

(i) the financial interests of the member of the 

Board, officer, or employee; or 

(ii) the interests of any corporation partnership, entity, or organization in which the member of the 

Board, officer, or employee— 

(I) is an officer, director, or trustee; or 

(II) has any direct or indirect financial interest. 

(d) POWERS AND OBLIGATIONS.—

(1) IN GENERAL.—The Foundation— 

(A) shall have perpetual succession; and 
1053

(B) may conduct business throughout the several States, 

territories, and possessions of the United States. 

(2) NOTICE; SERVICE OF PROCESS.—

(A) DESIGNATED AGENT.—The Foundation shall at all 

times maintain a designated agent in the District of Columbia authorized to accept service of process for the 

Foundation.

(B) SERVICE OF PROCESS.—The serving of notice to, or 

service of process on, the agent required under this paragraph, or mailed to the business address of the agent, shall 

be deemed to be notice to, or the service of process on, the 

Foundation.

(3) SEAL.—The Foundation shall have an official seal, to be 

selected by the Board, which shall be judicially noticed. 

(4) POWERS.—To carry out the purposes of the Foundation, 

the Foundation shall have, in addition to powers otherwise authorized by this section, the usual powers of a not-for-profit 

corporation in the District of Columbia, including the power— 

(A) to accept, receive, solicit, hold, administer, and use 

any gift, devise, or bequest, absolutely or in trust, of real 

or personal property, or any income from, or other interest 

in, the property; 

(B) to acquire by donation, gift, devise, purchase, or exchange, and to dispose of, any real or personal property or 

interest in the property; 

(C) to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income from property, 

unless limited by the instrument of transfer; 

(D) to borrow money and issue bonds, debentures, or 

other debt instruments; 

(E) to sue and be sued, and complain and defend itself 

in any court of competent jurisdiction, except that the 

members of the Board shall not be held personally liable, 

except in a case of gross negligence; 

(F)(i) to enter into contracts or other agreements with 

public agencies, private organizations, and persons; and 

(ii) to make such payments as may be necessary to 

carry out the purposes of the contracts or agreements; 

and

(G) to carry out any activity necessary and proper to advance the purposes of the Foundation. 

(5) REAL PROPERTY.—

(A) IN GENERAL.—For purposes of this section, an interest in real property shall include mineral and water rights, 

rights-of-way, and easements, appurtenant or in gross. 

(B) ACCEPTANCE.—A gift, devise, or bequest of real property may be accepted by the Foundation, regardless of 

whether the property is encumbered, restricted, or subject 

to beneficial interests of a private person, if any current or 

future interest in the property is for the benefit of the 

Foundation.

(C) DECLINING GIFTS.—The Foundation may, at the discretion of the Foundation, decline any gift, devise, or bequest of real property. 
1054

(D) PROHIBITION ON CONDEMNATION.—No land, water, or 

interest in land or water, that is owned by the Foundation 

shall be subject to condemnation by any State, political 

subdivision of a State, or agent or instrumentality of a 

State or political subdivision of a State. 

(e) ADMINISTRATIVE SERVICES AND SUPPORT.—

(1) FUNDING.— (A) IN GENERAL.—For the purposes of assisting the 

Foundation in establishing an office and meeting initial 

administrative, project, and other expenses, the Secretary 

may provide to the Foundation, from funds appropriated 

under subsection (j), such sums as are necessary for fiscal 

years 2017 and 2018. 

(B) AVAILABILITY OF FUNDS.—Funds made available 

under subparagraph (A) shall remain available to the 

Foundation until expended for authorized purposes. 

(2) ADMINISTRATIVE EXPENSES.— (A) IN GENERAL.—The Secretary may provide to the 

Foundation personnel, facilities, equipment, and other administrative services, subject to such limitations, terms, 

and conditions as the Secretary may establish. 

(B) REIMBURSEMENT.—The Foundation may reimburse 

the Secretary for any support provided under subparagraph (A), in whole or in part, and any reimbursement received by the Secretary under this subparagraph shall be 

deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing 

the services. 

(f) VOLUNTEERS.—The Secretary may accept, without regard to 

the civil service classification laws (including regulations), the services of the Foundation, the Board, and the officers, employees, and 

agents of the Foundation, without compensation from the Department of the Interior, as volunteers for the performance of the functions under section 307(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(d)). 

(g) AUDITS AND REPORT REQUIREMENTS.—

(1) AUDITS.—For purposes of section 10101 of title 36, United 

States Code, the Foundation shall be considered to be a private 

corporation established under Federal law. 

(2) ANNUAL REPORTS.—At the end of each fiscal year, the 

Board shall submit to Congress a report that describes the proceedings and activities of the Foundation during that fiscal 

year, including a full and complete statement of the receipts, 

expenditures, and investments. 

(h) UNITED STATES RELEASE FROM LIABILITY.—

(1) IN GENERAL.—The United States shall not be liable for 

any debt, default, act, or omission of the Foundation. 

(2) FULL FAITH AND CREDIT.—The full faith and credit of the 

United States shall not extend to any obligation of the Foundation.

(i) LIMITATION ON AUTHORITY.—Nothing in this section authorizes the Foundation to perform any function the authority for 

which is provided to the Bureau of Land Management under any 

other provision of law. 
1055

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as are necessary to carry out this section.

TITLE II 

ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

(INCLUDING RESCISSION OF FUNDS)

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of research and development, $713,823,000, to remain available until 

September 30, 2018: Provided, That of the funds included under 

this heading, $4,100,000 shall be for Research: National Priorities 

as specified in the explanatory statement described in section 4 (in 

the matter preceding division A of this consolidated Act): Provided

further, That of the unobligated balances from appropriations made available under this heading, $7,350,000 are permanently rescinded: Provided further, That no amounts may be rescinded pursuant to the preceding proviso from amounts made available in the 

first proviso for Research: National Priorities: Provided further, That such rescission shall be applied to program project areas, to 

the extent practicable, to reflect changes to funding projections due 

to routine attrition during fiscal year 2017. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

(INCLUDING RESCISSION OF FUNDS)

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; 

hire, maintenance, and operation of aircraft; purchase of reprints; 

library memberships in societies or associations which issue publications to members only or at a price to members lower than to 

subscribers who are not members; administrative costs of the 

brownfields program under the Small Business Liability Relief and 

Brownfields Revitalization Act of 2002; and not to exceed $9,000 for 

official reception and representation expenses, $2,619,799,000, to 

remain available until September 30, 2018: Provided, That of the 

funds included under this heading, $12,700,000 shall be for Environmental Protection: National Priorities as specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That of the 

funds included under this heading, $435,857,000 shall be for Geographic Programs specified in the explanatory statement described 

in section 4 (in the matter preceding division A of this consolidated 

Act): Provided further, That of the unobligated balances from appropriations made available under this heading, $21,800,000 are 
1056

propriations made available under this heading, $21,800,000 are 

permanently rescinded: Provided further, That no amounts may be 

rescinded pursuant to the preceding proviso from amounts made 

available in the first proviso for Environmental Protection: National Priorities, from amounts made available in the second proviso for Geographic Programs, or from the National Estuary Program (33 U.S.C. 1330): Provided further, That such rescission shall 

be applied to program project areas, to the extent practicable, to reflect changes to funding projections due to routine attrition during 

fiscal year 2017. 

In addition, $3,000,000 to remain available until expended, for 

necessary expenses of activities described in section 26(b)(1) of the 

Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That 

fees collected pursuant to that section of that Act and deposited in 

the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting receipts in 

fiscal year 2017 shall be retained and used for necessary salaries 

and expenses in this appropriation and shall remain available until 

expended: Provided further, That the sum herein appropriated in 

this paragraph from the general fund for fiscal year 2017 shall be 

reduced by the amount of discretionary offsetting receipts received 

during fiscal year 2017, so as to result in a final fiscal year 2017 

appropriation from the general fund estimated at not more than 

$0: Provided further, That to the extent that amounts realized from 

such receipts exceed $3,000,000, those amount in excess of 

$3,000,000 shall be deposited in the ‘‘TSCA Service Fee Fund’’ as 

discretionary offsetting receipts in fiscal year 2017, shall be retained and used for necessary salaries and expenses in this account, and shall remain available until expended: Provided further,

That of the funds included in the first paragraph under this heading, the Chemical Risk Review and Reduction program project shall 

be allocated for this fiscal year, excluding the amount of any fees 

appropriated, not less than the amount of appropriations for that 

program project for fiscal year 2014. 

HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND

For necessary expenses to carry out section 3024 of the Solid 

Waste Disposal Act (42 U.S.C. 6939g), including the development, 

operation, maintenance, and upgrading of the hazardous waste 

electronic manifest system established by such section, $3,178,000, 

to remain available until September 30, 2019. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$41,489,000, to remain available until September 30, 2018. 

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, and 

purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $34,467,000, to remain available 

until expended. 
1057

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 

U.S.C. 9611) $1,088,769,000, to remain available until expended, 

consisting of such sums as are available in the Trust Fund on September 30, 2016, as authorized by section 517(a) of the Superfund 

Amendments and Reauthorization Act of 1986 (SARA) and up to 

$1,088,769,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 

517(b) of SARA: Provided, That funds appropriated under this 

heading may be allocated to other Federal agencies in accordance 

with section 111(a) of CERCLA: Provided further, That of the funds 

appropriated under this heading, $8,778,000 shall be paid to the 

‘‘Office of Inspector General’’ appropriation to remain available 

until September 30, 2018, and $15,496,000 shall be paid to the 

‘‘Science and Technology’’ appropriation to remain available until 

September 30, 2018. 

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

For necessary expenses to carry out leaking underground storage 

tank cleanup activities authorized by subtitle I of the Solid Waste 

Disposal Act, $91,941,000, to remain available until expended, of 

which $66,572,000 shall be for carrying out leaking underground 

storage tank cleanup activities authorized by section 9003(h) of the 

Solid Waste Disposal Act; $25,369,000 shall be for carrying out the 

other provisions of the Solid Waste Disposal Act specified in section 

9508(c) of the Internal Revenue Code: Provided, That the Administrator is authorized to use appropriations made available under 

this heading to implement section 9013 of the Solid Waste Disposal 

Act to provide financial assistance to federally recognized Indian 

tribes for the development and implementation of programs to 

manage underground storage tanks. 

INLAND OIL SPILL PROGRAMS

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, 

$18,209,000, to be derived from the Oil Spill Liability trust fund, 

to remain available until expended. 

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,527,161,000, to remain available until 

expended, of which— 

(1) $1,393,887,000 shall be for making capitalization grants 

for the Clean Water State Revolving Funds under title VI of 

the Federal Water Pollution Control Act; and of which 

$863,233,000 shall be for making capitalization grants for the 

Drinking Water State Revolving Funds under section 1452 of 
1058

the Safe Drinking Water Act: Provided, That for fiscal year 

2017, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use 

Plans, not less than 10 percent of the funds made available 

under this title to each State for Clean Water State Revolving 

Fund capitalization grants shall be used by the State for 

projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That for fiscal year 2017, funds made 

available under this title to each State for Drinking Water 

State Revolving Fund capitalization grants may, at the discretion of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other 

environmentally innovative activities: Provided further, That 

notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State 

water pollution control revolving fund that may be used by a 

State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 

2017 and prior years where such amounts represent costs of 

administering the fund to the extent that such amounts are or 

were deemed reasonable by the Administrator, accounted for 

separately from other assets in the fund, and used for eligible 

purposes of the fund, including administration: Provided further, That for fiscal year 2017, notwithstanding the provisions 

of sections 201(g)(1), (h), and (l) of the Federal Water Pollution 

Control Act, grants under title II of the Federal Water Pollution Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, the United States Virgin Islands, and the District of Columbia may also be made for the 

purpose of providing assistance: (1) solely for facility plans, design activities, or plans, specification, and estimates for any 

proposed project for the construction of treatment works; and 

(2) for the construction, repair, or replacement of privately 

owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2017, notwithstanding the provisions of 

201(g)(1), (h), and (l) and section 518(c) of the Federal Water 

Pollution Control Act, funds reserved by the Administrator for 

grants under section 518(c) of the Federal Water Pollution 

Control Act may also be used to provide assistance: (1) solely 

for facility plans, design activities, or plans, specifications, and 

estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more 

principal residences or small commercial establishments; 

Funds reserved under section 518(c) of such Act shall be available for grants only to Indian tribes, as defined in section 

518(h) of such Act and former Indian reservations in Oklahoma 

(as defined by the Secretary of the Interior) and Native Villages (as defined in Public Law 92–203): Provided further, That 

for fiscal year 2017, notwithstanding any provision of the 

Clean Water Act and regulations issued pursuant thereof, up 

to a total of $2,000,000 of the funds reserved by the Adminis-
1059

trator for grants under section 518(c) of the Federal Water Pollution Control Act may also be used for grants for training, 

technical assistance, and educational programs relating to the 

operation and management of the treatment works specified in 

section 518(c) of such Act; Funds reserved under section 518(c) 

of such Act shall be available for grants only to Indian tribes, 

as defined in section 518(h) of such Act and former Indian reservations in Oklahoma (as determined by the Secretary of the 

Interior) and Native Villages (as defined in Public Law 92– 

203): Provided further, That for fiscal year 2017, notwithstanding the limitation on amounts in section 518(c) of the 

Federal Water Pollution Control Act, up to a total of 2 percent 

of the funds appropriated, or $30,000,000, whichever is greater, 

and notwithstanding the limitation on amounts in section 

1452(i) of the Safe Drinking Water Act, up to a total of 2 percent of the funds appropriated, or $20,000,000, whichever is 

greater, for State Revolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) 

and section 1452(i) of such Acts: Provided further, That for fiscal year 2017, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 

1.5 percent of the aggregate funds appropriated for the Clean 

Water State Revolving Fund program under the Act less any 

sums reserved under section 518(c) of the Act, may be reserved 

by the Administrator for grants made under title II of the Federal Water Pollution Control Act for American Samoa, Guam, 

the Commonwealth of the Northern Marianas, and United 

States Virgin Islands: Provided further, That for fiscal year 

2017, notwithstanding the limitations on amounts specified in 

section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State 

Revolving Fund programs under the Safe Drinking Water Act 

may be reserved by the Administrator for grants made under 

section 1452(j) of the Safe Drinking Water Act: Provided further, That 10 percent of the funds made available under this 

title to each State for Clean Water State Revolving Fund capitalization grants and 20 percent of the funds made available 

under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to 

provide additional subsidy to eligible recipients in the form of 

forgiveness of principal, negative interest loans, or grants (or 

any combination of these), and shall be so used by the State 

only where such funds are provided as initial financing for an 

eligible recipient or to buy, refinance, or restructure the debt 

obligations of eligible recipients where such debt was incurred 

on or after the date of enactment of this Act, or where such 

debt was incurred prior to the date of enactment of this Act if 

the State, with concurrence from the Administrator, determines that such funds could be used to help address a threat 

to public health from heightened exposure to lead in drinking 

water or if a Federal or State emergency declaration has been 

issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the 

date of enactment of this Act: Provided further, That in a State 
1060

in which such an emergency declaration has been issued, the 

State may use more than 20 percent of the funds made available under this title to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients; 

(2) $10,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection 

with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after 

consultation with the appropriate border commission: Provided,

That no funds provided by this appropriations Act to address 

the water, wastewater and other critical infrastructure needs 

of the colonias in the United States along the United StatesMexico border shall be made available to a county or municipal 

government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents 

in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing 

colonia the construction of any new home, business, or other 

structure which lacks water, wastewater, or other necessary infrastructure;

(3) $20,000,000 shall be for grants to the State of Alaska to 

address drinking water and wastewater infrastructure needs of 

rural and Alaska Native Villages: Provided, That of these 

funds: (A) the State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may be used for 

administrative and overhead expenses; and (C) the State of 

Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency and the 

U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska 

that are funded under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm 

and Rural Development Act (7 U.S.C. 1921 et seq.) which shall 

allocate not less than 25 percent of the funds provided for 

projects in regional hub communities; 

(4) $80,000,000 shall be to carry out section 104(k) of the 

Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (CERCLA), including grants, interagency 

agreements, and associated program support costs: Provided,

That not more than 25 percent of the amount appropriated to 

carry out section 104(k) of CERCLA shall be used for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II) of CERCLA: Provided further, That at least 10 percent shall be allocated for assistance 

in persistent poverty counties: Provided further, That for purposes of this section, the term ‘‘persistent poverty counties’’ 

means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by 

the 1990 and 2000 decennial censuses and the most recent 

Small Area Income and Poverty Estimates; 

(5) $60,000,000 shall be for grants under title VII, subtitle 

G of the Energy Policy Act of 2005; 
1061

(6) $30,000,000 shall be for targeted airshed grants in accordance with the terms and conditions of the explanatory 

statement described in section 4 (in the matter preceding division A of this consolidated Act); 

(7) $4,000,000 shall be to carry out the water quality program authorized in section 5004(d) of the Water Infrastructure 

Improvements for the Nation Act (Public Law 114–322); and 

(8) $1,066,041,000 shall be for grants, including associated 

program support costs, to States, federally recognized tribes, 

interstate agencies, tribal consortia, and air pollution control 

agencies for multi-media or single media pollution prevention, 

control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in 

Public Law 104–134, and for making grants under section 103 

of the Clean Air Act for particulate matter monitoring and 

data collection activities subject to terms and conditions specified by the Administrator, of which: $47,745,000 shall be for 

carrying out section 128 of CERCLA; $9,646,000 shall be for 

Environmental Information Exchange Network grants, including associated program support costs; $1,498,000 shall be for 

grants to States under section 2007(f)(2) of the Solid Waste 

Disposal Act, which shall be in addition to funds appropriated 

under the heading ‘‘Leaking Underground Storage Tank Trust 

Fund Program’’ to carry out the provisions of the Solid Waste 

Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act; $17,848,000 of the funds available for grants under 

section 106 of the Federal Water Pollution Control Act shall be 

for State participation in national- and State-level statistical 

surveys of water resources and enhancements to State monitoring programs. 

WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM

ACCOUNT

For the cost of direct loans and for the cost of guaranteed loans, 

as authorized by the Water Infrastructure Finance and Innovation 

Act of 2014, $8,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, 

shall be as defined in section 502 of the Congressional Budget Act 

of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $976,000,000: Provided further, That amounts made available 

under this heading in this Act are in addition to amounts appropriated or otherwise made available for the Water Infrastructure 

Finance and Innovation Program for fiscal year 2017. 

In addition, fees authorized to be collected pursuant to sections 

5029 and 5030 of the Water Infrastructure Finance and Innovation 

Act of 2014 shall be deposited in this account to remain available 

until expended. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, notwithstanding section 5033 of the 
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Water Infrastructure Finance and Innovation Act of 2014, 

$2,000,000, to remain available until September 30, 2018. 

ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION

AGENCY

(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

For fiscal year 2017, notwithstanding 31 U.S.C. 6303(1) and 

6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency’s function to implement directly Federal environmental programs required or authorized by law in the 

absence of an acceptable tribal program, may award cooperative 

agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian 

tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State 

financial assistance agreements. 

The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in 

accordance with section 33 of the Federal Insecticide, Fungicide, 

and Rodenticide Act, as amended by Public Law 112–177, the Pesticide Registration Improvement Extension Act of 2012. 

Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)), the 

Administrator of the Environmental Protection Agency may assess 

fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 

2017.

The Administrator is authorized to transfer up to $300,000,000 

of the funds appropriated for the Great Lakes Restoration Initiative under the heading ‘‘Environmental Programs and Management’’ to the head of any Federal department or agency, with the 

concurrence of such head, to carry out activities that would support 

the Great Lakes Restoration Initiative and Great Lakes Water 

Quality Agreement programs, projects, or activities; to enter into 

an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants 

to governmental entities, nonprofit organizations, institutions, and 

individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement. 

The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities provided that the 

cost does not exceed $150,000 per project. 

For fiscal year 2017, and notwithstanding section 518(f) of the 

Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the Administrator is authorized to use the amounts appropriated for any 

fiscal year under section 319 of the Act to make grants to Indian 

tribes pursuant to sections 319(h) and 518(e) of that Act. 

The Administrator is authorized to use the amounts appropriated 

under the heading ‘‘Environmental Programs and Management’’ for 
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fiscal year 2017 to provide grants to implement the Southeastern 

New England Watershed Restoration Program. 

Notwithstanding the limitation on amounts in section 320(i) of 

the Federal Water Pollution Control Act, funds made available 

under this title for the National Estuary Program shall be used for 

the development, implementation, and monitoring of comprehensive conservation and management plans. 

Of the unobligated balances available for ‘‘State and Tribal Assistance Grants’’ account, $61,198,000 are permanently rescinded: 

Provided, That no amounts may be rescinded from amounts that 

were designated by the Congress as an emergency requirement 

pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985 or from 

amounts that were made available by subsection (a) of section 196 

of the Continuing Appropriations Act, 2017 (division C of Public 

Law 114–223), as amended by the Further Continuing and Security 

Assistance Appropriations Act, 2017 (Public Law 114–254). 

TITLE III 

RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as authorized by law, $288,514,000, to remain available through September 30, 2020: Provided, That of the funds provided, $77,000,000 

is for the forest inventory and analysis program. 

STATE AND PRIVATE FORESTRY

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, 

and others, and for forest health management, including treatments of pests, pathogens, and invasive or noxious plants and for 

restoring and rehabilitating forests damaged by pests or invasive 

plants, cooperative forestry, and education and land conservation 

activities and conducting an international program as authorized, 

$228,923,000, to remain available through September 30, 2020, as 

authorized by law; of which $62,347,000 is to be derived from the 

Land and Water Conservation Fund to be used for the Forest Legacy Program, to remain available until expended. 

Of the unobligated balances from amounts made available for the 

Forest Legacy Program and derived from the Land and Water Conservation Fund, $12,002,000 is hereby permanently rescinded from 

projects with cost savings or failed or partially failed projects that 

had funds returned. 
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NATIONAL FOREST SYSTEM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, $1,513,318,000, to remain 

available through September 30, 2020: Provided, That of the funds 

provided, $40,000,000 shall be deposited in the Collaborative Forest 

Landscape Restoration Fund for ecological restoration treatments 

as authorized by 16 U.S.C. 7303(f): Provided further, That of the 

funds provided, $367,805,000 shall be for forest products: Provided

further, That of the funds provided, up to $81,941,000 is for the Integrated Resource Restoration pilot program for Region 1, Region 

3 and Region 4: Provided further, That of the funds provided for 

forest products, up to $65,560,000 may be transferred to support 

the Integrated Resource Restoration pilot program in the preceding 

proviso: Provided further, That the Secretary of Agriculture may 

transfer to the Secretary of the Interior any unobligated funds appropriated in a previous fiscal year for operation of the Valles 

Caldera National Preserve: Provided further, That notwithstanding 

section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 

1012), the Secretary of Agriculture, in calculating a fee for grazing 

on a National Grassland, may provide a credit of up to 50 percent 

of the calculated fee to a Grazing Association or direct permittee 

for a conservation practice approved by the Secretary in advance 

of the fiscal year in which the cost of the conservation practice is 

incurred. And, that the amount credited shall remain available to 

the Grazing Association or the direct permittee, as appropriate, in 

the fiscal year in which the credit is made and each fiscal year 

thereafter for use on the project for conservation practices approved 

by the Secretary. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Forest Service, not otherwise provided for, $364,014,000, to remain available through September 30, 

2020, for construction, capital improvement, maintenance and acquisition of buildings and other facilities and infrastructure; and 

for construction, reconstruction, decommissioning of roads that are 

no longer needed, including unauthorized roads that are not part 

of the transportation system, and maintenance of forest roads and 

trails by the Forest Service as authorized by 16 U.S.C. 532–538 

and 23 U.S.C. 101 and 205: Provided, That $40,000,000 shall be 

designated for urgently needed road decommissioning, road and 

trail repair and maintenance and associated activities, and removal 

of fish passage barriers, especially in areas where Forest Service 

roads may be contributing to water quality problems in streams 

and water bodies which support threatened, endangered, or sensitive species or community water sources: Provided further, That 

funds becoming available in fiscal year 2017 under the Act of 

March 4, 1913 (16 U.S.C. 501) shall be transferred to the General 

Fund of the Treasury and shall not be available for transfer or obli-
1065

gation for any other purpose unless the funds are appropriated: 

Provided further, That of the funds provided for decommissioning of roads, up to $14,743,000 may be transferred to the ‘‘National 

Forest System’’ to support the Integrated Resource Restoration 

pilot program. 

LAND ACQUISITION

For expenses necessary to carry out the provisions of chapter 

2003 of title 54, United States Code, including administrative expenses, and for acquisition of land or waters, or interest therein, 

in accordance with statutory authority applicable to the Forest 

Service, $54,415,000, to be derived from the Land and Water Conservation Fund and to remain available until expended. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the 

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by 

law, $950,000, to be derived from forest receipts. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school 

districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant 

to Land Sale and Exchange Acts, pursuant to the Act of December 

4, 1967 (16 U.S.C. 484a), to remain available through September 

30, 2020, (16 U.S.C. 516–617a, 555a; Public Law 96–586; Public 

Law 76–589, 76–591; and Public Law 78–310). 

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and 

improvement, 50 percent of all moneys received during the prior 

fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 

401(b)(1) of Public Law 94–579, to remain available through September 30, 2020, of which not to exceed 6 percent shall be available 

for administrative expenses associated with on-the-ground range 

rehabilitation, protection, and improvements. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain 

available through September 30, 2020, to be derived from the fund 

established pursuant to the above Act. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal 

lands in Alaska for subsistence uses under title VIII of the Alaska 

National Interest Lands Conservation Act (Public Law 96–487), 

$2,500,000, to remain available through September 30, 2020. 
1066

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for forest fire presuppression activities on 

National Forest System lands, for emergency fire suppression on or 

adjacent to such lands or other lands under fire protection agreement, hazardous fuels management on or adjacent to such lands, 

emergency rehabilitation of burned-over National Forest System 

lands and water, and for State and volunteer fire assistance, 

$2,833,415,000, to remain available through September 30, 2020: 

Provided, That such funds including unobligated balances under 

this heading, are available for repayment of advances from other 

appropriations accounts previously transferred for such purposes: 

Provided further, That such funds shall be available to reimburse 

State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent 

such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management 

agency: Provided further, That funds provided shall be available for 

emergency rehabilitation and restoration, hazardous fuels management activities, support to Federal emergency response, and wildfire suppression activities of the Forest Service: Provided further, That of the funds provided, $390,000,000 is for hazardous fuels 

management activities, $19,795,000 is for research activities and to 

make competitive research grants pursuant to the Forest and 

Rangeland Renewable Resources Research Act, (16 U.S.C. 1641 et 

seq.), $78,000,000 is for State fire assistance, and $15,000,000 is for 

volunteer fire assistance under section 10 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106): Provided further, That amounts in this paragraph may be transferred to the ‘‘National Forest System’’, and ‘‘Forest and Rangeland Research’’ accounts to fund forest and rangeland research, vegetation and watershed management, heritage site rehabilitation, and wildlife and 

fish habitat management and restoration: Provided further, That 

the costs of implementing any cooperative agreement between the 

Federal Government and any non-Federal entity may be shared, as 

mutually agreed on by the affected parties: Provided further, That 

up to $15,000,000 of the funds provided herein may be used by the 

Secretary of Agriculture to enter into procurement contracts or cooperative agreements or to issue grants for hazardous fuels management activities and for training or monitoring associated with 

such hazardous fuels management activities on Federal land or on 

non-Federal land if the Secretary determines such activities benefit 

resources on Federal land: Provided further, That funds made 

available to implement the Community Forest Restoration Act, 

Public Law 106–393, title VI, shall be available for use on non-Federal lands in accordance with authorities made available to the 

Forest Service under the ‘‘State and Private Forestry’’ appropriation: Provided further, That the Secretary of the Interior and the 

Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not 

to exceed $50,000,000, between the Departments when such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That of the funds provided 
1067

for hazardous fuels management, not to exceed $15,000,000 may be 

used to make grants, using any authorities available to the Forest 

Service under the ‘‘State and Private Forestry’’ appropriation, for 

the purpose of creating incentives for increased use of biomass from 

National Forest System lands: Provided further, That funds designated for wildfire suppression, including funds transferred from 

the ‘‘FLAME Wildfire Suppression Reserve Fund’’, shall be assessed for cost pools on the same basis as such assessments are calculated against other agency programs: Provided further, That of 

the funds for hazardous fuels management, up to $24,000,000 may 

be transferred to the ‘‘National Forest System’’ to support the Integrated Resource Restoration pilot program. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for large fire suppression operations of 

the Department of Agriculture and as a reserve fund for suppression and Federal emergency response activities, $342,000,000, to 

remain available until expended: Provided, That such amounts are 

only available for transfer to the ‘‘Wildland Fire Management’’ account following a declaration by the Secretary in accordance with 

section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a): Provided

further, That such amount is designated by the Congress as an 

emergency requirement pursuant to section 251(b)(2)(A)(i) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

ADMINISTRATIVE PROVISIONS—FOREST SERVICE

(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

Appropriations to the Forest Service for the current fiscal year 

shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire 

of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft to maintain the operable fleet for use in Forest 

Service wildland fire programs and other Forest Service programs; 

notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used 

to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); 

(4) acquisition of land, waters, and interests therein pursuant to 7 

U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) 

the cost of uniforms as authorized by 5 U.S.C. 5901–5902; and (7) 

for debt collection contracts in accordance with 31 U.S.C. 3718(c). 

Any appropriations or funds available to the Forest Service may 

be transferred to the Wildland Fire Management appropriation for 

forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness 

due to severe burning conditions upon the Secretary’s notification 

of the House and Senate Committees on Appropriations that all 

fire suppression funds appropriated under the headings ‘‘Wildland 
1068

Fire Management’’ and ‘‘FLAME Wildfire Suppression Reserve 

Fund’’ will be obligated within 30 days: Provided, That all funds 

used pursuant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible.

Notwithstanding any other provision of this Act, the Forest Service may transfer unobligated balances of discretionary funds appropriated to the Forest Service by this Act to or within the Wildland 

Fire Management Account, or reprogram funds within the 

Wildland Fire Management Account, to be used for the purposes of 

hazardous fuels management and emergency rehabilitation of 

burned-over National Forest System lands and water, such transferred funds shall remain available through September 30, 2020: 

Provided, That none of the funds transferred pursuant to this section shall be available for obligation without written notification to 

and the prior approval of the Committees on Appropriations of both 

Houses of Congress: Provided further, That this section does not 

apply to funds appropriated to the FLAME Wildfire Suppression 

Reserve Fund or funds derived from the Land and Water Conservation Fund. 

Funds appropriated to the Forest Service shall be available for 

assistance to or through the Agency for International Development 

in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available 

to support forestry and related natural resource activities outside 

the United States and its territories and possessions, including 

technical assistance, education and training, and cooperation with 

United States, private, and international organizations. The Forest 

Service, acting for the International Program, may sign direct funding agreements with foreign governments and institutions as well 

as other domestic agencies (including the United States Agency for 

International Development, the Department of State, and the Millennium Challenge Corporation), United States private sector 

firms, institutions and organizations to provide technical assistance 

and training programs overseas on forestry and rangeland management.

Funds appropriated to the Forest Service shall be available for 

expenditure or transfer to the Department of the Interior, Bureau 

of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, 

and for the performance of cadastral surveys to designate the 

boundaries of such lands. 

None of the funds made available to the Forest Service in this 

Act or any other Act with respect to any fiscal year shall be subject 

to transfer under the provisions of section 702(b) of the Department 

of Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of 

Public Law 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

Law 107–171 (7 U.S.C. 8316(b)). 

None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and Senate 

Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described 

in section 4 (in the matter preceding division A of this consolidated 

Act).
1069

Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department 

of Agriculture for Department Reimbursable Programs, commonly 

referred to as Greenbook charges. Nothing in this paragraph shall 

prohibit or limit the use of reimbursable agreements requested by 

the Forest Service in order to obtain services from the Department 

of Agriculture’s National Information Technology Center and the 

Department of Agriculture’s International Technology Service. 

Of the funds available to the Forest Service, up to $5,000,000 

shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993, Public Law 103–82, as amended by 

Public Lands Corps Healthy Forests Restoration Act of 2005, Public 

Law 109–154. 

Of the funds available to the Forest Service, $4,000 is available 

to the Chief of the Forest Service for official reception and representation expenses. 

Pursuant to sections 405(b) and 410(b) of Public Law 101–593, 

of the funds available to the Forest Service, up to $3,000,000 may 

be advanced in a lump sum to the National Forest Foundation to 

aid conservation partnership projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, for projects on or benefitting National Forest System lands 

or related to Forest Service programs: Provided, That of the Federal funds made available to the Foundation, no more than 

$300,000 shall be available for administrative expenses: Provided

further, That the Foundation shall obtain, by the end of the period 

of Federal financial assistance, private contributions to match on at 

least one-for-one basis funds made available by the Forest Service: 

Provided further, That the Foundation may transfer Federal funds 

to a Federal or a non-Federal recipient for a project at the same 

rate that the recipient has obtained the non-Federal matching 

funds.

Pursuant to section 2(b)(2) of Public Law 98–244, up to 

$3,000,000 of the funds available to the Forest Service may be advanced to the National Fish and Wildlife Foundation in a lump 

sum to aid cost-share conservation projects, without regard to when 

expenses are incurred, on or benefitting National Forest System 

lands or related to Forest Service programs: Provided, That such 

funds shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further, That the Foundation 

may transfer Federal funds to a Federal or non-Federal recipient 

for a project at the same rate that the recipient has obtained the 

non-Federal matching funds. 

Funds appropriated to the Forest Service shall be available for 

interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable 

rural development purposes. 

Funds appropriated to the Forest Service shall be available for 

payments to counties within the Columbia River Gorge National 
1070

Scenic Area, pursuant to section 14(c)(1) and (2), and section 

16(a)(2) of Public Law 99–663. 

Any funds appropriated to the Forest Service may be used to 

meet the non-Federal share requirement in section 502(c) of the 

Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)). 

Funds available to the Forest Service, not to exceed $65,000,000, 

shall be assessed for the purpose of performing fire, administrative 

and other facilities maintenance and decommissioning. Such assessments shall occur using a square foot rate charged on the same 

basis the agency uses to assess programs for payment of rent, utilities, and other support services. 

Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service not to exceed $500,000 may 

be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred 

as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, 

land purchase negotiations and similar nonlitigation-related matters. Future budget justifications for both the Forest Service and 

the Department of Agriculture should clearly display the sums previously transferred and the requested funding transfers. 

An eligible individual who is employed in any project funded 

under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 

et seq.) and administered by the Forest Service shall be considered 

to be a Federal employee for purposes of chapter 171 of title 28, 

United States Code. 

Notwithstanding any other provision of this Act, through the Office of Budget and Program Analysis, the Forest Service shall report no later than 30 business days following the close of each fiscal quarter all current and prior year unobligated balances, by fiscal year, budget line item and account, to the House and Senate 

Committees on Appropriations. 

The following unobligated balances identified by the following accounts are hereby rescinded: Forest and Rangeland Research, 

$815,000; National Forest System, $2,000,000; and State and Private Forestry, $3,500,000. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954 (68 

Stat. 674), the Indian Self-Determination and Education Assistance 

Act, the Indian Health Care Improvement Act, and titles II and III 

of the Public Health Service Act with respect to the Indian Health 

Service, $3,694,462,000, together with payments received during 

the fiscal year pursuant to 42 U.S.C. 238(b) and 238b, for services 

furnished by the Indian Health Service: Provided, That funds made 

available to tribes and tribal organizations through contracts, grant 

agreements, or any other agreements or compacts authorized by 

the Indian Self-Determination and Education Assistance Act of 

1975 (25 U.S.C. 450), shall be deemed to be obligated at the time 

of the grant or contract award and thereafter shall remain avail-
1071

able to the tribe or tribal organization without fiscal year limitation: Provided further, That $2,000,000 shall be available for grants 

or contracts with public or private institutions to provide alcohol or 

drug treatment services to Indians, including alcohol detoxification 

services: Provided further, That $928,830,000 for Purchased/Referred Care, including $53,000,000 for the Indian Catastrophic 

Health Emergency Fund, shall remain available until expended: 

Provided further, That of the funds provided, up to $36,000,000 

shall remain available until expended for implementation of the 

loan repayment program under section 108 of the Indian Health 

Care Improvement Act: Provided further, That of the funds pro- vided, $11,000,000 shall remain available until expended to supplement funds available for operational costs at tribal clinics operated 

under an Indian Self-Determination and Education Assistance Act 

compact or contract where health care is delivered in space acquired through a full service lease, which is not eligible for maintenance and improvement and equipment funds from the Indian 

Health Service, and $29,000,000 shall be for costs related to or resulting from accreditation emergencies, of which up to $4,000,000 

may be used to supplement amounts otherwise available for Purchased and Referred Care: Provided further, That the amounts collected by the Federal Government as authorized by sections 104 

and 108 of the Indian Health Care Improvement Act (25 U.S.C. 

1613a and 1616a) during the preceding fiscal year for breach of 

contracts shall be deposited to the Fund authorized by section 108A 

of the Act (25 U.S.C. 1616a–1) and shall remain available until expended and, notwithstanding section 108A(c) of the Act (25 U.S.C. 

1616a–1(c)), funds shall be available to make new awards under 

the loan repayment and scholarship programs under sections 104 

and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided further, That the amounts made available within this account for the Substance Abuse and Suicide Prevention Program, for the Domestic Violence Prevention Program, for the Zero Suicide Initiative, for 

aftercare pilots at Youth Regional Treatment Centers, to improve 

collections from public and private insurance at Indian Health 

Service and tribally operated facilities, and for accreditation emergencies shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended: 

Provided further, That funds provided in this Act may be used for 

annual contracts and grants that fall within 2 fiscal years, provided 

the total obligation is recorded in the year the funds are appropriated: Provided further, That the amounts collected by the Secretary of Health and Human Services under the authority of title 

IV of the Indian Health Care Improvement Act shall remain available until expended for the purpose of achieving compliance with 

the applicable conditions and requirements of titles XVIII and XIX 

of the Social Security Act, except for those related to the planning, 

design, or construction of new facilities: Provided further, That 

funding contained herein for scholarship programs under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain 

available until expended: Provided further, That amounts received 

by tribes and tribal organizations under title IV of the Indian 

Health Care Improvement Act shall be reported and accounted for 

and available to the receiving tribes and tribal organizations until 
1072

expended: Provided further, That the Bureau of Indian Affairs may 

collect from the Indian Health Service, tribes and tribal organizations operating health facilities pursuant to Public Law 93–638, 

such individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out 

its functions under the Individuals with Disabilities Education Act 

(20 U.S.C. 1400, et seq.): Provided further, That the Indian Health 

Care Improvement Fund may be used, as needed, to carry out activities typically funded under the Indian Health Facilities account. 

CONTRACT SUPPORT COSTS

For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education 

Assistance Act agreements with the Indian Health Service for fiscal 

year 2017, such sums as may be necessary: Provided, That notwithstanding any other provision of law, no amounts made available 

under this heading shall be available for transfer to another budget 

account.

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters 

for personnel; preparation of plans, specifications, and drawings; 

acquisition of sites, purchase and erection of modular buildings, 

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, 

and for expenses necessary to carry out such Acts and titles II and 

III of the Public Health Service Act with respect to environmental 

health and facilities support activities of the Indian Health Service, 

$545,424,000, to remain available until expended: Provided, That 

notwithstanding any other provision of law, funds appropriated for 

the planning, design, construction, renovation or expansion of 

health facilities for the benefit of an Indian tribe or tribes may be 

used to purchase land on which such facilities will be located: Provided further, That not to exceed $500,000 may be used by the Indian Health Service to purchase TRANSAM equipment from the 

Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further, That none of the funds 

appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the 

housing programs of the United States Department of Housing and 

Urban Development: Provided further, That not to exceed 

$2,700,000 from this account and the ‘‘Indian Health Services’’ account may be used by the Indian Health Service to obtain ambulances for the Indian Health Service and tribal facilities in conjunction with an existing interagency agreement between the Indian 

Health Service and the General Services Administration: Provided

further, That not to exceed $500,000 may be placed in a Demolition 

Fund, to remain available until expended, and be used by the Indian Health Service for the demolition of Federal buildings. 
1073

ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

Appropriations provided in this Act to the Indian Health Service 

shall be available for services as authorized by 5 U.S.C. 3109 at 

rates not to exceed the per diem rate equivalent to the maximum 

rate payable for senior-level positions under 5 U.S.C. 5376; hire of 

passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of 

modular buildings and renovation of existing facilities; payments 

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; uniforms or 

allowances therefor as authorized by 5 U.S.C. 5901–5902; and for 

expenses of attendance at meetings that relate to the functions or 

activities of the Indian Health Service: Provided, That in accordance with the provisions of the Indian Health Care Improvement 

Act, non-Indian patients may be extended health care at all tribally 

administered or Indian Health Service facilities, subject to charges, 

and the proceeds along with funds recovered under the Federal 

Medical Care Recovery Act (42 U.S.C. 2651–2653) shall be credited 

to the account of the facility providing the service and shall be 

available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from 

the Department of Housing and Urban Development to the Indian 

Health Service shall be administered under Public Law 86–121, the 

Indian Sanitation Facilities Act and Public Law 93–638: Provided

further, That funds appropriated to the Indian Health Service in 

this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further, That 

none of the funds made available to the Indian Health Service in 

this Act shall be used for any assessments or charges by the Department of Health and Human Services unless identified in the 

budget justification and provided in this Act, or approved by the 

House and Senate Committees on Appropriations through the reprogramming process: Provided further, That notwithstanding any 

other provision of law, funds previously or herein made available 

to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), may be 

deobligated and reobligated to a self-determination contract under 

title I, or a self-governance agreement under title V of such Act and 

thereafter shall remain available to the tribe or tribal organization 

without fiscal year limitation: Provided further, That none of the 

funds made available to the Indian Health Service in this Act shall 

be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and 

Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service 

has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further, That with respect to functions transferred by the Indian 

Health Service to tribes or tribal organizations, the Indian Health 

Service is authorized to provide goods and services to those entities 
1074

on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, 

along with the funds received from those entities pursuant to the 

Indian Self-Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until expended: Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service 

will contain total costs, including direct, administrative, and overhead associated with the provision of goods, services, or technical 

assistance: Provided further, That the appropriation structure for 

the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section 

126(g) of the Superfund Amendments and Reauthorization Act of 

1986, $77,349,000. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances and 

Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and 

section 3019 of the Solid Waste Disposal Act, $74,691,000, of which 

up to $1,000 per eligible employee of the Agency for Toxic Substances and Disease Registry shall remain available until expended 

for Individual Learning Accounts: Provided, That notwithstanding 

any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of 

ATSDR may conduct other appropriate health studies, evaluations, 

or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited 

healthcare providers: Provided further, That in performing any 

such health assessment or health study, evaluation, or activity, the 

Administrator of ATSDR shall not be bound by the deadlines in 

section 104(i)(6)(A) of CERCLA: Provided further, That none of the 

funds appropriated under this heading shall be available for 

ATSDR to issue in excess of 40 toxicological profiles pursuant to 

section 104(i) of CERCLA during fiscal year 2017, and existing profiles may be updated as necessary. 
1075

OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the 

Council on Environmental Quality and Office of Environmental 

Quality pursuant to the National Environmental Policy Act of 

1969, the Environmental Quality Improvement Act of 1970, and 

Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $3,000,000: Provided, That notwithstanding section 202 of the National Environmental 

Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the 

Senate, serving as chairman and exercising all powers, functions, 

and duties of the Council. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902, and for services authorized by 5 U.S.C. 3109 but at 

rates for individuals not to exceed the per diem equivalent to the 

maximum rate payable for senior level positions under 5 U.S.C. 

5376, $11,000,000: Provided, That the Chemical Safety and Hazard 

Investigation Board (Board) shall have not more than three career 

Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to the 

position of Inspector General of the Environmental Protection 

Agency (EPA) shall, by virtue of such appointment, also hold the 

position of Inspector General of the Board: Provided further, That 

notwithstanding any other provision of law, the Inspector General 

of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of 

the Board, and shall not appoint any individuals to positions within the Board. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93–531, $15,431,000, to remain available until expended: Provided, That funds provided in 

this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopipartitioned lands residents, those in significantly substandard 

housing, and all others certified as eligible and not included in the 

preceding categories: Provided further, That none of the funds contained in this or any other Act may be used by the Office of Navajo 
1076

and Hopi Indian Relocation to evict any single Navajo or Navajo 

family who, as of November 30, 1985, was physically domiciled on 

the lands partitioned to the Hopi Tribe unless a new or replacement home is provided for such household: Provided further, That 

no relocatee will be provided with more than one new or replacement home: Provided further, That the Office shall relocate any 

certified eligible relocatees who have selected and received an approved homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired 

pursuant to section 11 of Public Law 93–531 (88 Stat. 1716): Provided further, That $200,000 shall be transferred to the Office of 

Inspector General of the Department of the Interior, to remain 

available until expended, for audits and investigations of the Office 

of Navajo and Hopi Indian Relocation, consistent with the Inspector General Act of 1978 (5 U.S.C. App.). 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by title XV of 

Public Law 99–498 (20 U.S.C. 56 part A), $15,212,000, to remain 

available until September 30, 2018: Provided, That of the funds 

made available under this heading, not to exceed $7,377,000 shall 

become available on July 1, 2017, and shall remain available until 

September 30, 2018. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and 

history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, 

lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services 

as authorized by 5 U.S.C. 3109; and purchase, rental, repair, and 

cleaning of uniforms for employees, $729,444,000, to remain available until September 30, 2018, except as otherwise provided herein; 

of which not to exceed $48,467,000 for the instrumentation program, collections acquisition, exhibition reinstallation, the National 

Museum of African American History and Culture, and the repatriation of skeletal remains program shall remain available until expended; and including such funds as may be necessary to support 

American overseas research centers: Provided, That funds appropriated herein are available for advance payments to independent 

contractors performing research services or participating in official 

Smithsonian presentations. 
1077

FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration of 

facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 

22, 1949 (63 Stat. 623), and for construction, including necessary 

personnel, $133,903,000, to remain available until expended, of 

which not to exceed $10,000 shall be for services as authorized by 

5 U.S.C. 3109. 

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art, the 

protection and care of the works of art therein, and administrative 

expenses incident thereto, as authorized by the Act of March 24, 

1937 (50 Stat. 51), as amended by the public resolution of April 13, 

1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, 

museum, and art associations or societies whose publications or 

services are available to members only, or to members at a price 

lower than to the general public; purchase, repair, and cleaning of 

uniforms for guards, and uniforms, or allowances therefor, for other 

employees as authorized by law (5 U.S.C. 5901–5902); purchase or 

rental of devices and services for protecting buildings and contents 

thereof, and maintenance, alteration, improvement, and repair of 

buildings, approaches, and grounds; and purchase of services for 

restoration and repair of works of art for the National Gallery of 

Art by contracts made, without advertising, with individuals, firms, 

or organizations at such rates or prices and under such terms and 

conditions as the Gallery may deem proper, $132,961,000, to remain available until September 30, 2018, of which not to exceed 

$3,620,000 for the special exhibition program shall remain available until expended. 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation of 

buildings, grounds and facilities owned or occupied by the National 

Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, with no extensions or renewals 

beyond the 10 years, that address space needs created by the ongoing renovations in the Master Facilities Plan, as authorized, 

$22,564,000, to remain available until expended: Provided, That 

contracts awarded for environmental systems, protection systems, 

and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. 
1078

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts, 

$22,260,000.

CAPITAL REPAIR AND RESTORATION

For necessary expenses for capital repair and restoration of the 

existing features of the building and site of the John F. Kennedy 

Center for the Performing Arts, $14,140,000, to remain available 

until expended. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the 

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 

hire of passenger vehicles and services as authorized by 5 U.S.C. 

3109, $10,500,000, to remain available until September 30, 2018. 

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $149,849,000 shall be 

available to the National Endowment for the Arts for the support 

of projects and productions in the arts, including arts education 

and public outreach activities, through assistance to organizations 

and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain 

available until expended. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation on 

the Arts and the Humanities Act of 1965, $149,848,000, to remain 

available until expended, of which $139,148,000 shall be available 

for support of activities in the humanities, pursuant to section 7(c) 

of the Act and for administering the functions of the Act; and 

$10,700,000 shall be available to carry out the matching grants 

program pursuant to section 10(a)(2) of the Act, including 

$8,500,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for obligation only in such amounts as may be equal to the total amounts 

of gifts, bequests, devises of money, and other property accepted by 

the chairman or by grantees of the National Endowment for the 

Humanities under the provisions of sections 11(a)(2)(B) and 

11(a)(3)(B) during the current and preceding fiscal years for which 

equal amounts have not previously been appropriated. 
1079

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation on 

the Arts and the Humanities may be used to process any grant or 

contract documents which do not include the text of 18 U.S.C. 

1913: Provided, That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for 

official reception and representation expenses: Provided further,

That funds from nonappropriated sources may be used as necessary for official reception and representation expenses: Provided

further, That the Chairperson of the National Endowment for the 

Arts may approve grants of up to $10,000, if in the aggregate the 

amount of such grants does not exceed 5 percent of the sums appropriated for grantmaking purposes per year: Provided further,

That such small grant actions are taken pursuant to the terms of 

an expressed and direct delegation of authority from the National 

Council on the Arts to the Chairperson. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses of the Commission of Fine Arts under chapter 91 

of title 40, United States Code, $2,762,000: Provided, That the 

Commission is authorized to charge fees to cover the full costs of 

its publications, and such fees shall be credited to this account as 

an offsetting collection, to remain available until expended without 

further appropriation: Provided further, That the Commission is 

authorized to accept gifts, including objects, papers, artwork, drawings and artifacts, that pertain to the history and design of the Nation’s Capital or the history and activities of the Commission of 

Fine Arts, for the purpose of artistic display, study or education: 

Provided further, That one-tenth of one percent of the funds provided under this heading may be used for official reception and representation expenses. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190 (20 

U.S.C. 956a), $2,000,000. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89–665), $6,493,000. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the National Capital Planning Commission under chapter 87 of title 40, United States Code, including 

services as authorized by 5 U.S.C. 3109, $8,099,000: Provided, That 

one-quarter of 1 percent of the funds provided under this heading 

may be used for official reception and representational expenses as-
1080

sociated with hosting international visitors engaged in the planning and physical development of world capitals. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized 

by Public Law 106–292 (36 U.S.C. 2301–2310), $57,000,000, of 

which $1,215,000 shall remain available until September 30, 2019, 

for the Museum’s equipment replacement program; and of which 

$2,500,000 for the Museum’s repair and rehabilitation program and 

$1,264,000 for the Museum’s outreach initiatives program shall remain available until expended. 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses, including the costs of construction design, of the Dwight D. Eisenhower Memorial Commission, 

$1,600,000, to remain available until expended. 

CAPITAL CONSTRUCTION

For necessary expenses of the Dwight D. Eisenhower Memorial 

Commission for design and construction of a memorial in honor of 

Dwight D. Eisenhower, as authorized by Public Law 106–79, 

$45,000,000, to remain available until expended: Provided, That 

the contract with respect to the procurement shall contain the 

‘‘availability of funds’’ clause described in section 52.232.18 of title 

48, Code of Federal Regulations: Provided further, That the funds 

appropriated herein shall be deemed to satisfy the criteria for 

issuing a permit contained in 40 U.S.C. 8906(a)(4) and (b). 

WOMEN’S SUFFRAGE CENTENNIAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Women’s Suffrage Centennial 

Commission, as authorized by this Act, $2,000,000, to remain available until expended. 

TITLE IV 

GENERAL PROVISIONS 

(INCLUDING TRANSFERS OF FUNDS)

RESTRICTION ON USE OF FUNDS

SEC. 401. No part of any appropriation contained in this Act 

shall be available for any activity or the publication or distribution 

of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action 

is not complete other than to communicate to Members of Congress 

as described in 18 U.S.C. 1913. 
1081

OBLIGATION OF APPROPRIATIONS

SEC. 402. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

DISCLOSURE OF ADMINISTRATIVE EXPENSES

SEC. 403. The amount and basis of estimated overhead charges, 

deductions, reserves or holdbacks, including working capital fund 

and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central 

operations shall be presented in annual budget justifications and 

subject to approval by the Committees on Appropriations of the 

House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for 

approval.

MINING APPLICATIONS

SEC. 404. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall be 

obligated or expended to accept or process applications for a patent 

for any mining or mill site claim located under the general mining 

laws.

(b) EXCEPTIONS.—Subsection (a) shall not apply if the Secretary 

of the Interior determines that, for the claim concerned (1) a patent 

application was filed with the Secretary on or before September 30, 

1994; and (2) all requirements established under sections 2325 and 

2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 

claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes 

(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the 

Revised Statutes (30 U.S.C. 42) for mill site claims, as the case 

may be, were fully complied with by the applicant by that date. 

(c) REPORT.—On September 30, 2018, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House 

and the Committee on Energy and Natural Resources of the Senate 

a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior 

and Related Agencies Appropriations Act, 1997 (Public Law 104– 

208).

(d) MINERAL EXAMINATIONS.—In order to process patent applications in a timely and responsible manner, upon the request of a 

patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the 

Director of the Bureau of Land Management to conduct a mineral 

examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land 

Management shall have the sole responsibility to choose and pay 

the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. 
1082

CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

SEC. 405. Sections 405 and 406 of division F of the Consolidated 

and Further Continuing Appropriations Act, 2015 (Public Law 113– 

235) shall continue in effect in fiscal year 2017. 

CONTRACT SUPPORT COSTS, FISCAL YEAR 2017 LIMITATION

SEC. 406. Amounts provided by this Act for fiscal year 2017 

under the headings ‘‘Department of Health and Human Services, 

Indian Health Service, Contract Support Costs’’ and ‘‘Department 

of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs’’ are the only amounts available for 

contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements 

for fiscal year 2017 with the Bureau of Indian Affairs or the Indian 

Health Service: Provided, That such amounts provided by this Act 

are not available for payment of claims for contract support costs 

for prior years, or for repayments of payments for settlements or 

judgments awarding contract support costs for prior years. 

FOREST MANAGEMENT PLANS

SEC. 407. The Secretary of Agriculture shall not be considered to 

be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 

1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. 

Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That 

if the Secretary is not acting expeditiously and in good faith, within 

the funding available, to revise a plan for a unit of the National 

Forest System, this section shall be void with respect to such plan 

and a court of proper jurisdiction may order completion of the plan 

on an accelerated basis. 

PROHIBITION WITHIN NATIONAL MONUMENTS

SEC. 408. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the 

Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of 

June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on 

January 20, 2001, except where such activities are allowed under 

the Presidential proclamation establishing such monument. 

LIMITATION ON TAKINGS

SEC. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands 

may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and 

Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to 
1083

funds appropriated for Federal assistance to the State of Florida to 

acquire lands for Everglades restoration purposes. 

TIMBER SALE REQUIREMENTS

SEC. 410. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and 

provide a normal profit and risk allowance under the Forest Service’s appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is 

surplus to the needs of the domestic processors in Alaska, shall be 

made available to domestic processors in the contiguous 48 United 

States at prevailing domestic prices. All additional western red 

cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold 

at prevailing export prices at the election of the timber sale holder. 

PROHIBITION ON NO-BID CONTRACTS

SEC. 411. None of the funds appropriated or otherwise made 

available by this Act to executive branch agencies may be used to 

enter into any Federal contract unless such contract is entered into 

in accordance with the requirements of Chapter 33 of title 41, 

United States Code, or Chapter 137 of title 10, United States Code, 

and the Federal Acquisition Regulation, unless— 

(1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; or 

(2) such contract is authorized by the Indian Self-Determination and Education Assistance Act (Public Law 93–638, 25 

U.S.C. 450 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in 

section 4(e) of that Act (25 U.S.C. 450b(e)); or 

(3) such contract was awarded prior to the date of enactment 

of this Act. 

POSTING OF REPORTS

SEC. 412. (a) Any agency receiving funds made available in this 

Act, shall, subject to subsections (b) and (c), post on the public 

website of that agency any report required to be submitted by the 

Congress in this or any other Act, upon the determination by the 

head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so only 

after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 
1084

NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES

SEC. 413. Of the funds provided to the National Endowment for 

the Arts— 

(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American 

Jazz Masters Fellowship. 

(2) The Chairperson shall establish procedures to ensure 

that no funding provided through a grant, except a grant made 

to a State or local arts agency, or regional group, may be used 

to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing 

in this subsection shall prohibit payments made in exchange 

for goods and services. 

(3) No grant shall be used for seasonal support to a group, 

unless the application is specific to the contents of the season, 

including identified programs or projects. 

NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES

SEC. 414. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the 

Chairperson of the National Endowment for the Arts shall ensure 

that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that 

serve underserved populations. 

(b) In this section: 

(1) The term ‘‘underserved population’’ means a population of 

individuals, including urban minorities, who have historically 

been outside the purview of arts and humanities programs due 

to factors such as a high incidence of income below the poverty 

line or to geographic isolation. 

(2) The term ‘‘poverty line’’ means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community 

Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 

family of the size involved. 

(c) In providing services and awarding financial assistance under 

the National Foundation on the Arts and Humanities Act of 1965 

with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given 

to providing services or awarding financial assistance for projects, 

productions, workshops, or programs that will encourage public 

knowledge, education, understanding, and appreciation of the arts. 

(d) With funds appropriated by this Act to carry out section 5 of 

the National Foundation on the Arts and Humanities Act of 1965— 

(1) the Chairperson shall establish a grant category for 

projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; 

(2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); 
1085

(3) the Chairperson shall report to the Congress annually 

and by State, on grants awarded by the Chairperson in each 

grant category under section 5 of such Act; and 

(4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and 

education.

STATUS OF BALANCES OF APPROPRIATIONS

SEC. 415. The Department of the Interior, the Environmental 

Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of 

Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and 

unobligated funds in each program and activity. 

REPORT ON USE OF CLIMATE CHANGE FUNDS

SEC. 416. Not later than 120 days after the date on which the 

President’s fiscal year 2018 budget request is submitted to the Congress, the President shall submit a comprehensive report to the 

Committees on Appropriations of the House of Representatives and 

the Senate describing in detail all Federal agency funding, domestic and international, for climate change programs, projects, and 

activities in fiscal years 2016 and 2017, including an accounting of 

funding by agency with each agency identifying climate change programs, projects, and activities and associated costs by line item as 

presented in the President’s Budget Appendix, and including citations and linkages where practicable to each strategic plan that is 

driving funding within each climate change program, project, and 

activity listed in the report. 

PROHIBITION ON USE OF FUNDS

SEC. 417. Notwithstanding any other provision of law, none of 

the funds made available in this Act or any other Act may be used 

to promulgate or implement any regulation requiring the issuance 

of permits under title V of the Clean Air Act (42 U.S.C. 7661 et 

seq.) for carbon dioxide, nitrous oxide, water vapor, or methane 

emissions resulting from biological processes associated with livestock production. 

GREENHOUSE GAS REPORTING RESTRICTIONS

SEC. 418. Notwithstanding any other provision of law, none of 

the funds made available in this or any other Act may be used to 

implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. 

MODIFICATION OF AUTHORITIES

SEC. 419. Section 8162(m)(3) of the Department of Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106–79) is 

amended by striking ‘‘September 30, 2016’’ and inserting ‘‘September 30, 2017’’. 
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FUNDING PROHIBITION

SEC. 420. None of the funds made available by this or any other 

Act may be used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances 

Control Act (15 U.S.C. 2601 et seq.) or any other law. 

EXTENSION OF GRAZING PERMITS

SEC. 421. The terms and conditions of section 325 of Public Law 

108–108 (117 Stat. 1307), regarding grazing permits issued by the 

Forest Service on any lands not subject to administration under 

section 402 of the Federal Lands Policy and Management Act (43 

U.S.C. 1752), shall remain in effect for fiscal year 2017. 

STEWARDSHIP CONTRACTING AMENDMENTS

SEC. 422. Section 604(d) of the Healthy Forest Restoration Act of 

2003 (16 U.S.C. 6591c(d)), as amended by the Agricultural Act of 

2014 (Public Law 113–79), is further amended— 

(1) in paragraph (5), by adding at the end the following: 

‘‘Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)), 

the Director may enter into an agreement or contract under 

subsection (b).’’; and 

(2) in paragraph (7), by striking ‘‘and the Director’’. 

FUNDING PROHIBITION

SEC. 423. (a) None of the funds made available in this Act may 

be used to maintain or establish a computer network unless such 

network is designed to block access to pornography websites. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 

CLARIFICATION OF EXEMPTIONS

SEC. 424. None of the funds made available in this Act may be 

used to require a permit for the discharge of dredged or fill material under the Federal Water Pollution Control Act (33 U.S.C. 1251, 

et seq.) for the activities identified in subparagraphs (A) and (C) of 

section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

USE OF AMERICAN IRON AND STEEL

SEC. 425. (a)(1) None of the funds made available by a State 

water pollution control revolving fund as authorized by section 

1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall be 

used for a project for the construction, alteration, maintenance, or 

repair of a public water system or treatment works unless all of the 

iron and steel products used in the project are produced in the 

United States. 

(2) In this section, the term ‘‘iron and steel’’ products means the 

following products made primarily of iron or steel: lined or unlined 

pipes and fittings, manhole covers and other municipal castings, 
1087

hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. 

(b) Subsection (a) shall not apply in any case or category of cases 

in which the Administrator of the Environmental Protection Agency (in this section referred to as the ‘‘Administrator’’) finds that— 

(1) applying subsection (a) would be inconsistent with the 

public interest; 

(2) iron and steel products are not produced in the United 

States in sufficient and reasonably available quantities and of 

a satisfactory quality; or 

(3) inclusion of iron and steel products produced in the 

United States will increase the cost of the overall project by 

more than 25 percent. 

(c) If the Administrator receives a request for a waiver under this 

section, the Administrator shall make available to the public on an 

informal basis a copy of the request and information available to 

the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making 

a finding based on the request. The Administrator shall make the 

request and accompanying information available by electronic 

means, including on the official public Internet Web site of the Environmental Protection Agency. 

(d) This section shall be applied in a manner consistent with 

United States obligations under international agreements. 

(e) The Administrator may retain up to 0.25 percent of the funds 

appropriated in this Act for the Clean and Drinking Water State 

Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of 

this section. 

NATIONAL GALLERY OF ART

SEC. 426. Section 6301(2) of title 40, United States Code, is 

amended—

(1) in the matter preceding subparagraph (A), by striking 

‘‘The National Gallery of Art’’ and inserting ‘‘(A) The National 

Gallery of Art’’; 

(2) by redesignating subparagraphs (A), (B), and (C) as 

clauses (i), (ii), and (iii), respectively; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) All other buildings, service roads, walks, and other areas 

within the exterior boundaries of any real estate or land or interest in land (including temporary use) that the National Gallery of Art acquires and that the Director of the National Gallery of Art determines to be necessary for the adequate protection of individuals or property in the National Gallery of Art 

and suitable for administration as a part of the National Gallery of Art.’’. 

MIDWAY ISLAND

SEC. 427. None of the funds made available by this Act may be 

used to destroy any buildings or structures on Midway Island that 

have been recommended by the United States Navy for inclusion 

in the National Register of Historic Places (54 U.S.C. 302101). 
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POLICIES RELATING TO BIOMASS ENERGY

SEC. 428. To support the key role that forests in the United 

States can play in addressing the energy needs of the United 

States, the Secretary of Energy, the Secretary of Agriculture, and 

the Administrator of the Environmental Protection Agency shall, 

consistent with their missions, jointly— 

(1) ensure that Federal policy relating to forest bioenergy— 

(A) is consistent across all Federal departments and 

agencies; and 

(B) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management; and 

(2) establish clear and simple policies for the use of forest 

biomass as an energy solution, including policies that— 

(A) reflect the carbon-neutrality of forest bioenergy and 

recognize biomass as a renewable energy source, provided 

the use of forest biomass for energy production does not 

cause conversion of forests to non-forest use. 

(B) encourage private investment throughout the forest 

biomass supply chain, including in— 

(i) working forests; 

(ii) harvesting operations; 

(iii) forest improvement operations; 

(iv) forest bioenergy production; 

(v) wood products manufacturing; or 

(vi) paper manufacturing; 

(C) encourage forest management to improve forest 

health; and 

(D) recognize State initiatives to produce and use forest 

biomass.

JOHN F. KENNEDY CENTER REAUTHORIZATION

SEC. 429. Section 13 of the John F. Kennedy Center Act (20 

U.S.C. 76r) is amended by striking subsections (a) and (b) and inserting the following: 

‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.—There is authorized 

to be appropriated to the Board to carry out section 4(a)(1)(H), 

$22,260,000 for fiscal year 2017. 

‘‘(b) CAPITAL PROJECTS.—There is authorized to be appropriated 

to the Board to carry out subparagraphs (F) and (G) of section 

4(a)(1), $14,140,000 for fiscal year 2017.’’. 

BOUNDARY ADJUSTMENT, BOB MARSHALL WILDERNESS, HELENA-LEWIS

AND CLARK NATIONAL FOREST

SEC. 430. The boundary of the Patrick’s Basin Addition to the 

Bob Marshall Wilderness designated by section 3065(c)(1)(A) of the 

‘‘Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015’’ (Public Law 113–291; 128 

Stat. 3835) is modified to exclude approximately 603 acres of land 

as generally depicted as items 1 and 2 on the map entitled ‘‘Patrick’s Basin Addition to the Bob Marshall Wilderness—Kenck 

Cabin and South Fork Sun River Packbridge Adjustments’’ and 

dated April 21, 2016, which shall be on file and available for public 
1089

inspection in the appropriate offices of the Forest Service. The 

lands excluded from the wilderness shall be added to and administered as part of the Rocky Mountain Front Conservation Management Area established in section 3065(b). 

INCORPORATION BY REFERENCE

SEC. 431. (a) The provisions of the following bills of the 115th 

Congress are hereby enacted into law: 

(1) H.R. 2104 (the Morley Nelson Snake River Birds of Prey 

National Conservation Area Boundary Modification Act of 

2017), as introduced on April 20, 2017. 

(2) S. 131 (the Alaska Mental Health Trust Land Exchange 

Act of 2017), as ordered to be reported on March 30, 2017, by 

the Committee on Energy and Natural Resources of the Senate.

(3) S. 847 (the Women’s Suffrage Centennial Commission 

Act), as introduced on April 5, 2017. 

(b) In publishing this Act in slip form and in the United States 

Statutes at Large pursuant to section 112 of title 1, United States 

Code, the Archivist of the United States shall include after the date 

of approval at the end an appendix setting forth the text of the 

bills referred to in subsection (a). 

This division may be cited as the ‘‘Department of the Interior, 

Environment, and Related Agencies Appropriations Act, 2017’’. 

(1091)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H3874 of Book II. 

[CLERK’S NOTE: Reproduced below is the material relating to division G contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

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

The following statement is an explanation of the effects of Division G, which makes appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), the Forest Service, the Indian Health Service, and related agencies for fiscal year 

2017. Report language contained in House Report 114–632 and 

Senate Report 114–281 providing specific guidance to agencies regarding the administration of appropriated funds and any corresponding reporting requirements carries the same emphasis as 

the language included in this explanatory statement and should be 

complied with unless specifically addressed to the contrary herein. 

This explanatory statement, while repeating some language for emphasis, is not intended to negate the language referred to above unless expressly provided herein. 

In cases where the House report, Senate report, or this explanatory statement directs the submission of a report, such report is to 

be submitted to both the House and Senate Committees on Appropriations. Where this explanatory statement refers to the Committees or the Committees on Appropriations, unless otherwise noted, 

this reference is to the House Subcommittee on Interior, Environment, and Related Agencies and the Senate Subcommittee on Interior, Environment, and Related Agencies. 

The Committees direct each department and agency funded in 

this Act to follow the directions set forth in this Act and the accompanying statement, and not reallocate resources or reorganize activities except as provided herein or otherwise approved by the 

Committees through the reprogramming process as described in 

this explanatory statement. This explanatory statement addresses 

only those agencies and accounts for which there is a need for 

greater explanation than provided in the Act itself. Funding levels 

for appropriations by account, program, and activity, with comparisons to the fiscal year 2016 enacted level and the fiscal year 2017 

budget request, can be found in the table at the end of this division.

Unless expressly stated otherwise, any reference to ‘‘this Act’’ or 

‘‘at the end of this statement’’ shall be treated as referring only to 

the provisions of this division. 
1092

Recreation Fee Authority.—The one-year extension of recreation 

fee authority for the Department of the Interior and U.S. Forest 

Service contained in the budget request and included in both fiscal 

year 2017 House and Senate Interior, Environment, and Related 

Agencies Appropriations bills was included in the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 and Zika Response and 

Preparedness Act (Public Law 114–223). 

Making Litigation Costs Transparent.—The Department of the 

Interior, EPA, and the Forest Service are directed to provide to the 

House and Senate Committees on Appropriations, and to make 

publicly available no later than 60 days after enactment of this Act, 

detailed Equal Access to Justice Act (EAJA) fee information as 

specified in the explanatory statement accompanying Division G of 

the Consolidated Appropriations Act, 2016 (Public Law 114–113). 

State Wildlife Data.—The Department of the Interior and U.S. 

Forest Service are expected to prioritize continued coordination 

with other Federal agencies and State fish and wildlife agencies to 

recognize and fully utilize State fish and wildlife data and analyses 

as a primary source to inform land use, planning, and related natural resource decisions. Federal agencies should not unnecessarily 

duplicate raw data, but when appropriate, evaluate existing analysis of data prepared by the States, and reciprocally share data 

with State wildlife managers, to ensure that the most complete 

data set is available for decision support systems. 

Paper Reduction Efforts.—The Committees urge each agency 

funded by this Act to work with the Office of Management and 

Budget (OMB) to reduce printing and reproduction costs and direct 

each agency to report to the Committees as part of its fiscal year 

2018 budget request on specific management actions taken to 

achieve this goal and estimated cost savings created by these actions.

Land Grants, Acequias and Community Ditches.—The Secretaries of the Interior and Agriculture are urged to recognize the 

traditional use of State-recognized community land grants, 

acequias, and community ditches in the American Southwest during the land use planning process. 

Executive Order #13783.—On March 28, 2017, Executive Order 

#13783 established policies for domestic energy production. The 

Order directs executive branch departments and agencies to immediately review all actions with respect to domestic energy resources. The Committees note that several specific directives apply 

to entities under the jurisdiction of the Subcommittee on Interior, 

Environment, and Related Agencies, including a review of the 

Clean Power Plan and related rules, and a review of methane and 

other regulations related to oil and gas development. The Committees also note that the Secretary of the Interior signed two secretarial orders on March 29, 2017, to overturn the moratorium on all 

new coal leases on Federal land, and to take additional steps to immediately comply with the Executive Order. The Committees expect the Department of the Interior and the Environmental Protection Agency to keep the Committees fully apprised of any actions 

taken to comply with the directives specified in the Executive 

Order or related secretarial orders. 
1093

Transparency of Information—The Committees expect that Federal agencies funded under this Act shall, to the extent practicable, 

clearly state within materials used for advertising or educational 

purposes that the communication is funded by taxpayer dollars. 

Fleet Management Practices.—Agencies shall provide supporting 

documentation on their methods for determining their optimal fleet 

inventories and justification for any deviation from the General 

Services Administration’s Federal Property Management Regulations upon request of the Committees on Appropriation. Agency inspectors general shall provide results from audits of fleet management practices and make them publicly available. 

Land and Water Conservation Fund.—The agreement includes $400,000,000 derived from the Land and Water Conservation Fund 

(LWCF) for programs consistent with chapter 2003 of title 54 of the 

United States Code, as identified in the table below. 

FY 2016 Enacted Budget Request (Discretionary) This Bill 

Land and Water Conservation Fund ......................................... $450,000,000 $475,000,000 $400,000,000 

State and Local Programs ...................................... 160,800,000 173,501,000 160,806,000 

National Park Service State Assistance ................. 110,000,000 110,006,000 110,006,000 

Coop. Endangered Species Conservation Fund ...... 30,800,000 53,495,000 30,800,000 

American Battlefield Protection Act ....................... 10,000,000 10,000,000 10,000,000 

Highlands Conservation Act ................................... 10,000,000 0 10,000,000 

Forest Legacy Program ........................................... 62,347,000 62,347,000 62,347,000 

Rescission ............................................................... .............................. .............................. -12,002,000 

Federal Land Acquisition ........................................ 226,853,000 239,152,000 188,849,000 

Forest Service .......................................................... 63,435,000 65,653,000 54,415,000 

Fish and Wildlife Service ........................................ 58,500,000 58,655,000 49,995,000 

National Park Service ............................................. 53,670,000 58,242,000 42,023,000 

Bureau of Land Management ................................. 38,630,000 43,959,000 31,416,000 

Department of the Interior Valuation Services ...... 12,618,000 12,643,000 11,000,000 

The Committees urge each of the agencies to comply with any 

Congressional requests for full and accurate accounting of cost, 

acreage, and location data of lands acquired with LWCF funds. In 

future budget justifications, the agencies are directed to include a 

detailed explanation on the use of prior year funds for recreational 

access projects and inholdings. 

The Committees direct the agencies to continue to consider and 

rank Federal land acquisition projects consistent with the process 

used in prior years, and upon request, to provide a prioritized 

project list for any funding levels above the budget request being 

considered by the House or Senate Committees. 

The Committees believe increasing access to our public lands for 

hunting, fishing, and other recreational activities is important and 

again include funding for these projects. The Committees expect 

the same factors used to determine suitability of listed projects will 

apply to recreational access projects and the agencies should work 

through their respective regions, State offices, and/or management 

units to consider projects that may not rise to the level of listed 

projects. The agencies are directed to include an explanation of the 

process and criteria used for allocating funds for recreational access 

in future budget justifications. Further, the Committees are to be 

informed about the selection process and how the agencies are 

meeting the outlined objectives prior to proceeding with projects. 
1094

Public Access.—The Department of the Interior and the Forest 

Service are directed to notify the House and Senate Committees on 

Appropriations in advance of any proposed project specifically intending to close an area to recreational shooting, hunting, or fishing on a non-emergency basis of more than 30 days. 

National Ocean Policy.—The President’s budget submission for 

fiscal year 2018 shall identify by agency and account all funding 

and associated actions proposed for the implementation of the 

coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547. 

Harassment-Free Workplace.—The Committees believe all Federal employees have the right to a harassment-free workplace and 

continue to be deeply concerned about reports of harassment and 

hostile work environments at some of the agencies funded through 

this Act, especially the long-term pattern of unacceptable behavior 

at several national park system units. The Committees direct the 

Department of the Interior to report to the Committees regarding: 

1) what specific corrective actions the National Park Service is taking to preclude additional incidents from occurring in the future, 

and 2) what steps the Department is taking to ensure that all of 

its bureaus and offices have strong and consistent anti-harassment 

policies in place. The Forest Service is also directed to provide a 

report that describes in detail the policy and process changes it has 

made to address past incidents. Finally, the EPA Office of Inspector General is directed to provide a report describing existing EPA 

policy, procedure and training regarding harassment at the Agency 

and any policy and process changes it has made. The reports shall 

be provided to the Committees within 120 days of enactment of this 

Act.

Access for Inspectors General.—Consistent with the Inspector 

General Act of 1978, the Committees expect departments and agencies funded by this Act to provide their respective Inspectors General access to all appropriate records, documents, and other materials in a timely manner. Accordingly, agencies and departments 

shall not prevent or impede access to records, documents or materials unless otherwise provided by law. 

Restrictions on lobbying with appropriated funds.—The Committees remind the entities and employees funded under the jurisdiction of this bill that no part of the money appropriated by any enactment of Congress shall, in the absence of express authorization 

by Congress, be used in a manner inconsistent with 18 U.S.C 1913. 

REPROGRAMMING GUIDELINES 

The agreement retains the reprogramming guidelines contained 

in the joint explanatory statement of Division G of the Consolidated Appropriations Act, 2016 (Public Law 114–113). 
1095

TITLE I—DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

Bureau of Land Management Directives.—The Bureau is reminded of the importance of the directives included in House Report 114–632 and Senate Report 114–281 not addressed herein, as 

well as the new directives in this statement, including the front 

matter.

The agreement provides $1,095,375,000 for Management of 

Lands and Resources. In addition to the funding allocation table at 

the end of this explanatory statement, the agreement includes the 

following instructions: 

Rangeland Management.—The Bureau is directed, to the greatest 

extent practicable, to make vacant grazing allotments available to 

a holder of a grazing permit or lease when lands covered by the 

holder of the permit or lease are unusable because of drought or 

wildfire.

Wild Horses and Burros.—The Committees are aware of proposals to overhaul the program to ensure the humane treatment of 

animals in holding and on the range, improve the use of annual appropriations, and continue implementing the reforms recommended 

by the 2013 National Academy of Sciences’ report. The Bureau is 

expected to review all serious proposals from non-governmental organizations, to keep the Committees informed throughout its decision-making process, and to transmit to Congress within 180 days 

of enactment of this Act a plan to achieve long-term sustainable 

populations on the range in a humane manner. 

Greater Sage-grouse Conservation.—The agreement provides a total of $68,900,000 for greater sage-grouse conservation activities, 

including the implementation of the National Seed Strategy, which 

is an increase of $8,900,000 above the fiscal year 2016 enacted 

level. The Committees direct that the funds provided for greater 

sage-grouse be used for on-the-ground conservation measures as indicated in the fiscal year 2017 budget justification and House and 

Senate reports. 

The Committees believe conservation is most successful when all 

partners trust and work cooperatively together. The Committees 

expect the Secretary and the Bureau to work collaboratively with 

States, communities, industry, and partners to address concerns 

with the Resource Management Plans and related Land Use Planning Amendments. The Committees remind the Bureau of the concerns noted in the House and Senate reports and direct the Bureau 

to report within 60 days of enactment of this Act how it has addressed each issue. 

Internet Oil and Gas Leasing.—The Bureau is directed to provide 

the House and Senate Appropriations Committees with a plan to 

achieve cost-savings and efficiencies by transitioning to Internetbased oil and gas leasing within 180 days of enactment of this Act. 

BLM and ONRR Coordination.—The Bureau and Office of Natural Resources Revenue are encouraged to better coordinate their 

respective leasing and revenue collection databases to increase efficiency and improve customer service. 
1096

Abandoned Mine Lands.—The agreement provides that funds 

may be used for projects included on the Bureau’s high-priority 

mine reclamation list, such as the Red Devil Mine. 

Pipeline Safety.—The Bureau is encouraged to continue to share 

standardized pipeline safety data, when appropriate, to enhance 

pipeline safety. 

Law Enforcement.—The Bureau is encouraged to focus on visitor 

safety and archaeological resource protection, and work with the 

Department of Justice and the Department of Homeland Security 

on other matters of Federal law not unique to Bureau lands or 

property.

Cooperative Efforts in Alaska.—The Bureau, as the largest Federal landowner in the State of Alaska’s Arctic region, is directed to 

work cooperatively with local stakeholders to enhance economic opportunities for the people who live and work in the region. The Bureau also is reminded of the directions contained in the Senate report regarding Legacy Wells, and Alaska Native lands in need of 

remediation. The Bureau is instructed to review recently executed 

land management plans to determine whether decisions to retain 

certain mineral closures are consistent with Federal law, including 

the Alaska National Interest Lands Conservation Act and the Federal Land Policy Management Act, including a determination 

whether sufficient notice was provided prior to the creation of 

Areas of Critical Environmental Concern. Further, the Bureau is 

encouraged to work cooperatively with the State of Alaska to lift 

Public Land Orders that no longer serve their original purpose. 

Bureau of Land Management Foundation.—The agreement provides for the creation of a Bureau of Land Management Foundation, the purpose of which is to undertake, conduct, and encourage 

programs and activities that support the mission of the Bureau. 

This should include educational, technical, scientific, and other assistance or activities to assist the Bureau with wild free-roaming 

horses and burros; recreation, cultural, and historic resources; protection of Native American archaeological and cultural sites; and 

activities that support the reclamation and remediation of abandoned mine lands, contaminated Native lands, legacy and orphaned 

oil and gas well sites, and public lands affected by development 

connected to mineral exploration and development activities. Reclamation activities should include, but not be limited to, the remediation of soil and water contamination, the restoration of wildlife 

habitat in order to restore the natural, scenic, historic, cultural, 

and ecological values of such areas, or the promotion of the economic potential of such areas. 

LAND ACQUISITION

The bill provides $31,416,000 for Land Acquisition. The amounts 

recommended by this bill compared with the budget estimates by 

activity and project are shown in the table below, listed in priority 

order pursuant to the budget request for fiscal year 2017. Further 

instructions are contained under the Land and Water Conservation 

Fund heading in the front of this explanatory statement. 

State Project—Unit Budget Request This Bill 

MT ..................................... High Divide—Madison River SRMA ............................ $4,000,000 $4,000,000 
1097

State Project—Unit Budget Request This Bill 

ID ...................................... High Divide—Henry’s Lake ACEC ............................... 50,000 50,000 

ID ...................................... High Divide—Salmon River SRMA ............................. 700,000 700,000 

ID ...................................... High Divide—Thousand Springs ACEC ...................... 300,000 300,000 

ID ...................................... High Divide—Craters of the Moon NM and Preserve/ 

Oregon NHT.

1,200,000 1,200,000 

ID ...................................... High Divide—Sands Desert Habitat Mgmt Area/ 

Teton River.

2,750,000 2,750,000 

NM ..................................... Rio Grande del Norte NM ............................................ 1,250,000 1,250,000 

CO ..................................... Dominguez-Escalante NCA .......................................... 350,000 350,000 

CO ..................................... Upper Colorado River SRMA ........................................ 1,500,000 1,500,000 

VA ...................................... Rivers of the Chesapeake—Meadowood SRMA .......... 1,400,000 1,400,000 

MD ..................................... Rivers of the Chesapeake—Nanjemoy NRMA ............ 1,600,000 1,600,000 

AZ ...................................... Agua Fria NM .............................................................. 3,300,000 3,300,000

CA ..................................... Dos Palmas ACEC ....................................................... 650,000 650,000 

NM ..................................... Kasha-Katuwe Tent Rocks NM .................................... 750,000 750,000 

Additional Project Requests and Updated Appraisals 12,501,000 0 

Subtotal, Line Item Projects ....................................... 32,301,000 19,800,000 

Recreational Access .................................................... 8,000,000 8,000,000 

Emergencies, Hardships, and Inholdings ................... 1,616,000 1,616,000 

Acquisition Management ............................................. 2,042,000 2,000,000 

Total, BLM Land Acquisition ....................................... 43,959,000 31,416,000 

OREGON AND CALIFORNIA GRANT LANDS

The agreement provides $106,985,000 for Oregon and California 

Grant Lands, to be distributed as displayed in the funding allocation table at the end of this explanatory statement. 

RANGE IMPROVEMENTS

The agreement provides $10,000,000 to be derived from public 

lands receipts and Bankhead-Jones Farm Tenant Act lands grazing 

receipts.

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

The agreement provides an indefinite appropriation estimated to be $31,050,000 for Service Charges, Deposits, and Forfeitures. 

MISCELLANEOUS TRUST FUNDS

The agreement provides an indefinite appropriation estimated to 

be $24,000,000 for Miscellaneous Trust Funds. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

The bill provides $1,258,761,000 for Resource Management. In 

addition to the funding allocation table at the end of this explanatory statement, the agreement includes the following details and 

instructions. The Service is also reminded of the guidance and reporting requirements contained in House Report 114–632 and Senate Report 114–281 that should be complied with unless specifically 

addressed to the contrary herein, as explained in the front matter 

of this explanatory statement. 

Listing.—The agreement does not include the critical habitat directive contained in the House report. The Service is urged to fol-
1098

low the guidance contained in House Report 114–170 regarding the 

yellow-billed cuckoo. 

Planning and Consultation.—The agreement includes: $2,859,000 as requested for activities in the Bay Delta; $4,000,000 as requested to handle the Service’s increased permitting workload in 

the Gulf of Mexico as a result of the 2010 Deepwater Horizon oil 

spill; and a $1,000,000 general program increase to be distributed 

in accordance with the backlog of requests from outside the Service 

for technical assistance and consultations, including habitat conservation planning and hatchery genetic management planning. 

The House directive regarding the Gulf of Mexico is not included. 

Conservation and Restoration.—The agreement includes: $1,390,000 as requested to implement the Coastal Barrier Resources Act; $3,471,000 for the national wetlands inventory; and 

$3,250,000 as requested for the sagebrush steppe ecosystem. 

Recovery.—The agreement includes: $1,659,000 as requested for activities in the Bay Delta; $2,500,000 for the annual State of the 

Birds assessment; $3,000,000 to reduce the delisting and 

downlisting backlog, a $1,016,000 general program increase; 

$1,000,000 to implement the wolf-livestock demonstration program 

as authorized by Public Law 111–11; $2,000,000 to recover native 

bat species exposed to white-nose syndrome; and $500,000 for 

multi-partner recovery actions. The Service is directed to prioritize 

the recovery of the California condor and northern aplomado falcon 

and provide the necessary funding to enable the longstanding public-private partnerships to continue to support the wild populations 

through captive propagation, releases, and management, as the 

Service and the States work to address the continued environmental threats to these species. 

The Committees urge the Service to focus on only those ESA 

mandates which are inherently Federal, and not to engage in other 

activities such as implementing recovery actions unless the costs 

are at least matched by partners outside the Service. The Service 

is urged to complete all status reviews within the five-year period 

required by law, and, for any determination on the basis of such 

review whether a species should be delisted, downlisted, or 

uplisted, promulgate an associated regulation prior to initiating the 

next status review for such species. So that trends in the endangered species recovery program may be observed, the Service is encouraged to include in its next such report to Congress ‘‘species status’’ and all categories from the report entitled, ‘‘Report to Congress 

on the Recovery of Threatened and Endangered Species, Fiscal 

Years 2009–2010’’. 

The agreement contains the directive in Senate Report 114–281 

that, should a status review of the American Burying Beetle make 

a finding that delisting or downlisting is warranted, the Service is 

directed to prioritize this rulemaking and move forward with a 

delisting or downlisting proposal as soon as is practicable. 

The Service is urged to address consultations and permitting of 

public and private projects related to the Preble’s meadow jumping 

mouse and the New Mexico meadow jumping mouse as one of the 

highest priorities. 

Regarding exotic wildlife, the Committees acknowledge the important role private landowners play in conserving some exotic 
1099

wildlife species. The Committees recognize current permitting practices by the Service regarding the following exotic U.S. bred wildlife: Red Lechwe, Barasingha, Arabian Oryx, Eld’s Deer. Prior to 

changing current permitting practices, the Committees encourage 

the Service to engage stakeholders and brief the Committees about 

the outcome of such engagement. 

On April 26, 2017, the Service announced its intention to take 

the final administrative step necessary to delist recovered gray 

wolves in the State of Wyoming. This action occurred as the result 

of a unanimous ruling in the Court of Appeals upholding the Service’s 2012 rule delisting wolves in Wyoming. The Committees note 

that the Service’s 2012 final rule delisting gray wolves in the western Great Lakes region remains in litigation. The Service has determined that the wolf population in the western Great Lakes region exceeds recovery goals in that region, and the Committees remain supportive of science-based decisions. If the court upholds the 

Service’s 2012 rule, the Service is urged to reissue the rule. 

Partners for Fish and Wildlife.—The agreement includes $1,285,000 as requested for regional fisheries enhancement. 

National Wildlife Refuge System.—The agreement includes: $2,835,000 as requested to manage subsistence fishing and hunting; $9,726,000 as requested for invasive species; $1,500,000 for the 

Pacific Remote Islands Marine National Monument; a $500,000 increase for maintenance support; and a $500,000 increase to reduce 

the maintenance backlog. The agreement also continues funding for 

volunteers and for urban wildlife refuge partnerships at not less 

than the fiscal year 2016 enacted levels. Budget justifications are 

the vehicles for the Administration to clearly explain how they propose to expend the funds they are requesting. This information 

should not be difficult to discern and future justifications should 

note base funding that will be used to enhance any program increases requested. 

The Committees support the directive in the House report instituting signage on any individual refuge where trapping occurs and 

establishing guidance to be included in the refuge manual. The 

Committees understand that different authorities creating Waterfowl Production Areas, easements, and Coordination Areas will influence the signage at these locations. 

The agreement includes the directive in Senate Report 114–281 

for the Service to prepare a formal compatibility determination to 

determine whether nutrient enrichment in Karluk Lake for fish rehabilitation is compatible with the Kodiak National Wildlife Refuge’s Comprehensive Conservation Plan. In addition, if the Service 

determines the enrichment is compatible with the refuge’s Comprehensive Conservation Plan, the Service is directed to engage 

with interested stakeholders and publish a list of approved tools to 

accomplish such rehabilitation. 

The Service is reminded that solutions to recreational-use conflicts in national wildlife refuges should begin with refuge managers engaging their local communities and collaborating with local 

officials and other representatives of recreational users to find mutually-agreeable solutions to conflicts. Failure to do so can result in 

significant public backlash, as happened with boating restrictions 

at Havasu National Wildlife Refuge. 
1100

The Committees urge the U.S. Fish and Wildlife Service not to 

place stricter environmental or financial standards on oil and gas 

operators on national wildlife refuges than oil and gas operators on 

other Federal lands set aside for conservation purposes. 

Migratory Bird Management.—The agreement includes: $1,738,000 as requested for aviation management; $350,000 to minimize predation on livestock; and $3,371,000 to issue permits. 

The Service is directed to expedite the review process to authorize take of double-crested cormorants, ensuring they have satisfied 

the NEPA requirements and addressed the court’s concerns, and 

should include an analysis of the economic impacts of cormorant 

control activities on several stakeholder groups, including aquaculture producers. While advancing this review, the Service should 

explore any and all viable alternatives to assist impacted aquaculture producers, including through the issuance of individual predation permits. 

Law Enforcement.—The agreement includes $75,053,000 as re- quested for law enforcement, including $7,500,000 to fight wildlife 

trafficking.

International Affairs.—The agreement includes $15,816,000 as requested for international affairs, including $550,000 to support 

the Arctic Council and $1,920,000 to fight wildlife trafficking. 

Fish and Aquatic Conservation.—Within National Fish Hatchery System Operations, the agreement includes: a $2,000,000 general 

program increase; $1,475,000 for the mass marking program; 

$800,000 for the Aquatic Animal Drug Approval Partnership; and 

$1,430,000 for the national wild fish health survey program. None 

of the funds may be used to terminate operations or to close any 

facility of the National Fish Hatchery System. None of the production programs listed in the March, 2013, National Fish Hatchery 

System Strategic Hatchery and Workforce Planning Report may be 

reduced or terminated without advance, informal consultation with 

affected States and Tribes. The Service is commended for recommitting to the National Fishery Artifacts and Records Center and 

the Collection Management Facility in South Dakota, and for sharing the costs nationwide. 

The agreement includes the directive in the Senate report related 

to the continued operation of mitigation hatcheries. The agreement 

requires that future budget requests ensure Federal partners have 

committed to sufficiently reimbursing the Service for mitigation 

hatcheries before the Service proposes to eliminate funding for 

mitigation hatcheries. 

Within Maintenance and Equipment, the agreement includes a 

$3,000,000 increase as requested to reduce the maintenance backlog.

Within Aquatic Habitat and Species Conservation, the agreement 

includes: $13,998,000 for the National Fish Passage Program; 

$3,000,000 to continue implementing the Klamath Basin Restoration Agreement; $9,554,000 as requested to manage subsistence 

fishing; and $16,660,000 to manage aquatic invasive species, of 

which $8,400,000 is for Asian carp, $2,000,000 is for quagga and 

zebra mussels, $711,000 is for sea lamprey, $2,038,000 is for other 

prevention efforts nationwide, and $2,566,000 is for State plans, 

National Invasive Species Act implementation, and coordination. 
1101

Cooperative Landscape Conservation.—The agreement includes $12,988,000, of which $700,000 is for Gulf Coast ecosystem restoration as requested. 

Science Support.—The agreement includes $931,000 as requested to restore the Gulf Coast ecosystem and $2,500,000 as requested to 

continue to search for a cure for white-nose syndrome in bats. 

General Operations.—The agreement includes the requested $153,000 transfer from External Affairs to Recovery and the requested $2,600,000 increase for maintenance of the National Conservation Training Center. 

CONSTRUCTION

The bill provides $18,615,000 for Construction. The detailed allocation of funding by activity is included in the table at the end of 

this explanatory statement. The Service is expected to follow the 

project priority list in the table below. When a construction project 

is completed or terminated and appropriated funds remain, the 

Service may use those balances to respond to unforeseen reconstruction, replacement, or repair of facilities or equipment damaged 

or destroyed by storms, floods, fires and similar unanticipated 

events.

State Refuge, Hatchery, or Other Unit Budget Request This Bill 

National Wildlife Refuge System 

IL ....................................... Crab Orchard NWR ...................................................... $400,000 $400,000

NM ..................................... Valle de Oro NWR ........................................................ 3,063,000 3,063,000

National Fish Hatchery System 

VA ...................................... Harrison Lake NFH ...................................................... 1,839,000 1,839,000

CO ..................................... Hotchkiss NFH ............................................................. 500,000 500,000

Other

OR ..................................... Clark R. Bavin National Fish and Wildlife Forensics 

Lab.

2,500,000 2,500,000 

N/A .................................... Service Wide Seismic Safety ....................................... 465,000 465,000 

N/A .................................... Unanticipated damages .............................................. 0 715,000 

N/A .................................... Other projects .............................................................. 5,787,000 0 

Total, Line Item Construction ..................................... 14,554,000 9,482,000 

LAND ACQUISITION

The bill provides $59,995,000 for Land Acquisition. The amounts 

recommended by this bill compared with the budget estimates by 

activity and project are shown in the table below, listed in priority 

order pursuant to the budget request for fiscal year 2017. Further 

instructions are contained under the Land and Water Conservation 

Fund heading in the front of this explanatory statement. 

In a time when budgetary constraints allow for only a limited 

number of new land acquisition projects, the Committees are encouraged by programs that leverage public/private partnerships for 

land conservation like the Highlands Conservation Act, which has 

a record of more than a 2 to 1 ratio in non-Federal matching funds. 

Therefore, the Committees include $10,000,000 for the Highlands 

Conservation Act Grants and direct the Fish and Wildlife Service 

to work with the Highlands States regarding priority projects for 

fiscal year 2017. 
1102

State Project—Unit Budget Request This Bill 

HI ...................................... Island Forests at Risk—Hakalau Forest NWR ........... $6,200,000 $6,200,000 

ND/SD ................................ Dakota Grassland Conservation Area ......................... 8,000,000 8,000,000 

MT ..................................... High Divide—Red Rock Lakes NWR ........................... 2,000,000 2,000,000 

ND/SD ................................ Dakota Tallgrass Prairie WMA .................................... 3,000,000 3,000,000 

MD ..................................... Rivers of the Chesapeake—Blackwater NWR ............ 1,200,000 1,200,000 

VA ...................................... Rivers of the Chesapeake—James River NWR .......... 900,000 900,000 

FL ...................................... Everglades Headwaters NWR and Conservation Area 2,500,000 2,500,000 

PA ...................................... National Trails System—Cherry Valley NWR .............. 2,200,000 2,200,000 

AR ..................................... Cache River NWR ........................................................ 1,406,000 1,406,000

Additional Project Requests ........................................ 8,478,000 0 

Subtotal, Line Item Projects ....................................... 35,884,000 27,406,000 

Recreational Access .................................................... 2,500,000 2,500,000 

Emergencies, Hardships, and Inholdings ................... 5,351,000 5,351,000 

Exchanges ................................................................... 1,500,000 1,500,000 

Acquisition Management ............................................. 12,955,000 12,773,000 

Land Protection Planning ............................................ 465,000 465,000 

Highlands Conservation Act Grants ............................ 0 10,000,000 

Total, FWS Land Acquisition ....................................... 58,655,000 59,995,000 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

The bill provides $53,495,000 for the Cooperative Endangered 

Species Conservation Fund, of which $22,695,000 is to be derived 

from the Cooperative Endangered Species Conservation Fund, and 

$30,800,000 is to be derived from the Land and Water Conservation Fund. The detailed allocation of funding by activity is included 

in the table at the end of this explanatory statement. 

NATIONAL WILDLIFE REFUGE FUND

The bill provides $13,228,000 for payments to counties authorized by the National Wildlife Refuge Fund. 

NORTH AMERICAN WETLANDS CONSERVATION FUND

The bill provides $38,145,000 for the North American Wetlands 

Conservation Fund. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND

The bill provides $3,910,000 for the Neotropical Migratory Bird 

Conservation Fund. 

MULTINATIONAL SPECIES CONSERVATION FUND

The bill provides $11,061,000 for the Multinational Species Conservation Fund. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. 

STATE AND TRIBAL WILDLIFE GRANTS

The bill provides $62,571,000 for State and Tribal Wildlife 

Grants. The detailed allocation of funding by activity is included in 

the table at the end of this explanatory statement. 
1103

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The agreement provides $2,425,018,000 for the Operation of the 

National Park System. The detailed allocation of funding by program area and activity is included in the table at the end of this 

division.

Operation of the National Park System. The agreement includes $55,422,000 in new discretionary funding within the Operation of 

the National Park System (ONPS) account which support the Centennial Initiative and related efforts including 50 percent of the 

fixed costs included in the budget request to cover the balance of 

the fiscal year remaining. Specifically, the agreement includes $11,000,000 in new funds 

within the Park Support line item to support the Centennial, which 

fully funds the budget request to support new areas and critical responsibilities across the System including, but not limited to, the 

2017 Presidential inauguration; operations at sites associated with 

the Civil Rights Movement; and the Manhattan Project National 

Historical Park. Funds are also provided to support new park units 

including the Pullman and Honouliuli units as well as critical operating needs as described in further detail below. The recommendation also provides requested funding for the Valles Caldera National Preserve and the Belmont-Paul Women’s Equality National 

Monument. The agreement provides discretionary funding to address deferred maintenance needs including a $25,000,000 increase 

for repair and rehabilitation projects and a $13,689,000 increase to 

address cyclic maintenance needs. These funds are supplemented 

by $20,000,000 provided within the Centennial Challenge matching 

grant program account dedicated to funding joint public-private investments in parks. The agreement continues directives provided 

within the Visitor Services line item contained in House Report 

114–632. The final allocation of funds supporting the Centennial 

Initiative, including the detailed allocation of new areas and critical responsibilities funding described above, shall be provided to 

the Committees as part of the Service’s annual operating plan for 

the ONPS account no later than 60 days after enactment of this 

Act. Such plan shall be subject to the reprogramming guidelines 

contained in this explanatory statement. 

Quagga and Zebra Mussel Control.—The Committees remain 

concerned about the spread of quagga and zebra mussels in the 

West and, consistent with fiscal year 2016, have provided 

$2,000,000 for continued containment, prevention, and enforcement 

efforts.

White-Nose Syndrome in Bats.—The Committees provide funds 

as requested to support monitoring and surveillance activities associated with white-nose syndrome in bats. 

Eastern Legacy Study (Lewis and Clark Trail Study).—The Eastern Legacy Study, authorized to determine the feasibility of extending the Lewis and Clark National Historic Trail, is now three years 

overdue. The Committees direct the Service to complete the study 

expeditiously.

Big South Fork National River and Recreation Area.—The Committees urge the Service to identify and assess the potential costs 
1104

of visitor experience improvements including year-round restroom 

facilities and campsite enhancements at Big South Fork National 

River and Recreation Area. 

Death Valley National Park.—The Committees urge the Service 

to provide in its fiscal year 2018 budget justification a detailed estimate of funds necessary to complete repairs to Scotty’s Castle, a 

historic national landmark in Death Valley National Park, which 

has been closed to the public since flash floods damaged the visitor 

center, museum, and nearby roads in 2015. The Committees further direct the Service to take steps to ensure the security and protection of Scotty’s Castle, and the contents of the museum, from 

theft and trespassing. 

Mississippi National River and Recreation Area.—The Committees direct the Service to report, within 180 days of enactment of 

this Act, on progress in identifying potential site options and associated costs for the development of a permanent headquarters and 

visitor use facility, in collaboration with suitable governmental and 

non-governmental partners, at the Mississippi National River and 

Recreation Area as described in the explanatory statement accompanying Public Law 114–113. 

James A. Garfield Memorial.—The Committees direct the Service 

to expeditiously complete its ongoing reconnaissance study to assess the eligibility of the James A. Garfield Memorial at Lake View 

Cemetery for designation as an affiliated area of the national park 

system.

Biscayne National Park.—The Committees are aware of the considerable controversy relating to natural resource management actions at Biscayne National Park, including the decision to implement a new marine reserve zone as outlined by the park’s new 

General Management Plan (GMP). These issues are articulated in 

House Report 114–632, including concerns raised by the Florida 

Fish and Wildlife Conservation Commission (FWC) and local anglers and recreational and boating-dependent businesses regarding 

limitations on fishing within the park. The Committees recognize 

that it was the intent of the Service to create the marine reserve 

zone to protect the park’s natural coral reef ecosystem, as mandated by the legislation creating the park. Nonetheless, the Committees are concerned that adequate consideration was not given to 

the economic impact of this action nor to data provided by the 

FWC. However, the Committees are pleased with recent efforts by 

Biscayne National Park to re-establish open dialogue and productive coordination with Congress and the FWC regarding special 

rulemaking for the marine reserve zone. The Committees understand the importance of preparing an economic analysis and baseline scientific monitoring report for the proposed marine reserve 

zone as required by the record of decision on the park’s GMP. The 

Service is directed to make these documents available to the House 

and Senate Committees on Appropriations and to the public no less 

than 90 days before proposing any special rule to designate the marine reserve zone. The Committees understand that the park is 

moving forward, in partnership with FWC, to implement some noncontroversial, common sense elements of the plan without unnecessary delay, including the installation of mooring buoys to help protect coral reefs from anchors and markers to indicate shallow 
1105

waters and manatee zones. The Committees recognize the State of 

Florida’s openness toward partnering on these initiatives and believe a close working partnership between the Park and the FWC 

may serve as an important step toward future cooperation on other 

areas of the GMP. Consistent with the record of decision, the Service is also expected to defer enforcement actions related to the marine reserve zone until the agency has finalized this special rule. 

Arlington Memorial Bridge.—The Memorial Bridge rehabilitation 

and reconstruction effort requires the active, bipartisan support of 

Federal, State, and local leaders. The Committees are aware of the 

recent approval of a $90 million Department of Transportation 

grant for bridge repairs and urge the Service to work with Federal, 

State, and local entities to build coalitions and partnerships to leverage and secure additional necessary funding to complete this 

critical project in a timely manner. The Committees further direct 

the Service to provide a funding plan and construction schedule for 

completion of this work as part of the fiscal year 2018 budget request.

Bottled Water.—The Committees note continued expressions of 

concern relating to a bottled water ban implemented under Policy 

Memorandum 11–03. The report provided to the Committees in 

April 2016, in response to a directive in the explanatory statement 

accompanying Division G of the Consolidated Appropriations Act, 

2016, did not provide sufficient data to justify the Service’s actions. 

The Committees understand that the Service plans to reconsider 

this policy and therefore directs the incoming National Park Service Director to review Policy Memorandum 11–03 and to report to 

the Committees on the results of this evaluation. Accordingly, the 

Committees direct the Service to suspend further implementation 

of Policy Memorandum 11–03 and urge the Service to examine opportunities to partner with non-governmental entities in developing 

a comprehensive program that uniformly addresses plastic waste 

recycling system-wide. 

Ozark National Scenic Riverways.—The Service is directed to 

work collaboratively with affected parties to ensure that implementation of the General Management Plan for the Ozark National 

Scenic Riverways addresses the concerns of affected stakeholders 

including, but not limited to, local communities and businesses. 

Point Reyes National Seashore.—The Committees have noted the 

importance of historic dairying and ranching operations within the 

Point Reyes National Seashore and reiterate the directives contained in House Report 114–632 and Senate Report 114–281 regarding the completion of planning and use authorizations related 

to ranching operations. 

Leasing of Historic Buildings.—The agreement maintains the directive related to Leasing of Historic Buildings contained in House 

Report 114–632. 

Ste. Genevieve Special Resource Study.—With regard to the Ste. 

Genevieve Special Resource Study, the Service shall follow the 

guidance contained in Senate Report 114–281. 

Blackstone River Valley National Historical Park.—The agreement includes requested funding for the Blackstone River Valley 

National Historical Park with the expectation that the Service will 

continue to make funds available to the local coordinating entity to 
1106

maintain staffing and capacity to assist in management of the park 

as authorized in Public Law 113–291. 

Nicodemus, Kansas.—The Committees are encouraged by discussions between the Service and the Nicodemus Historic Society regarding a new or enhanced cooperative agreement that will increase visitor interaction and transfer greater control of the on-site 

interpretive services of the Nicodemus National Historic Site to descendants of Nicodemus and local community members. The Committees urge the Service to work in an expedited manner with local 

community leaders to finalize such agreement. 

Golden Gate National Recreation Area.—The Committees understand that the Service has placed a hold on the proposed rule for 

dog management at the Golden Gate National Recreation Area. 

The Service is directed to conduct an independent assessment of 

the planning process used to develop the proposed rule and report 

back to the Committees on its findings within 90 days of enactment 

of this Act. 

NATIONAL RECREATION AND PRESERVATION

The agreement provides $62,638,000 for National Recreation and 

Preservation with the following specific directives: 

Chesapeake Gateways and Trails Program.—As requested, the 

agreement includes $2,020,000 for the Chesapeake Gateways and 

Trails Program. 

Heritage Partnership Program.—The agreement provides 

$19,821,000 for the Heritage Partnership Program. In order to provide stable funding for all national heritage areas, the agreement 

continues funding for longstanding areas at fiscal year 2016 levels; 

provides a total of $300,000 to areas with recently approved management plans, known as tier 2 areas; and provides $150,000 to 

each tier 1 area that has been authorized and is still in the process 

of having its management plan approved. The Committees believe 

that the current method used to allocate funding for individual heritage areas is likely to be unsustainable given the fiscal environment and the need for areas with more recent Congressional authorizations to build program capacity. The Committees expect participating heritage areas to reach agreement and propose a new 

funding allocation model to the Committees and the Service within 

90 days of enactment of this Act that maintains the core services 

of the more established areas but allows for more resources to 

newer areas to expand and provide additional economic and cultural opportunities in the communities they serve. 

Mormon Pioneer National Heritage Area (MPNHA).—The Service 

and the Mormon Pioneer National Heritage Area are encouraged to 

work cooperatively with Snow College’s Mormon Pioneer Heritage 

Institute to ensure the long-term viability of the MPNHA. 

Feasibility Study.—The Committees understand that the Service 

has no intent to initiate or conduct a feasibility study to establish 

a national heritage area in Baca, Bent, Crowley, Huerfano, Kiowa, 

Las Animas, Otero, Prowers, and Pueblo counties, Colorado. In the 

event the Service alters its intentions, the Committees direct the 

Service to notify the Committees 120 days in advance of initiating 

such a study. 
1107

American Battlefield Protection Program Assistance Grants.—The

Committees are aware of increased workload and associated delays 

in grant processing due to the program’s expansion of eligibility to 

sites associated with the Revolutionary War and the War of 1812, 

and have provided funds within the Land Acquisition and State Assistance account to allow for timely review and processing of 

grants.

HISTORIC PRESERVATION FUND

The agreement provides $80,910,000 for the Historic Preservation Fund. Within this amount, $47,925,000 is provided for grants 

to States and $10,485,000 is provided for grants to Tribes. The recommendation also includes $13,500,000 for competitive grants of 

which $500,000 is for grants to underserved communities and 

$13,000,000 is for competitive grants to document, interpret, and 

preserve historical sites associated with the Civil Rights Movement. The agreement also includes $4,000,000 for competitive 

grants to Historically Black Colleges and Universities (HBCUs) 

and $5,000,000 for the Save America’s Treasures competitive grant 

program for preservation of nationally significant sites, structures, 

and artifacts. Prior to execution of these funds, the Service shall 

submit a spend plan to the Committees on Appropriations of the 

House and Senate. 

CONSTRUCTION

The agreement provides $209,353,000 for Construction with the 

following specific directive: 

Line Item Construction.—The agreement provides $131,992,000 

for line item construction projects in the fiscal year 2017 budget request as revised by the Service and provided to the House and Senate Committees on Appropriations on April 6, 2017, and shown in 

the table below. Increases above fiscal year 2016 base funds support the Centennial Initiative, particularly deferred maintenance 

needs nationwide, and construction projects as described in Senate 

Report 114–281. Requests for reprogramming will be considered 

pursuant to the guidelines in the front of this explanatory statement.

State Park Unit Budget Request This Bill 

DC ................... National Mall and Memorial Parks ........................... $2,210,000 $2,210,000 

NY ................... Gateway National Recreation Area ............................ 9,144,000 9,144,000 

DC ................... White House ............................................................... 17,160,000 17,160,000 

AK .................... Wrangell-St. Elias National Park & Preserve ........... 5,758,000 5,758,000 

GA ................... Ocmulgee National Monument .................................. 2,006,000 2,006,000 

WA ................... Mount Rainier National Park ..................................... 13,211,000 13,211,000 

MA ................... Lowell National Historical Park ................................. 4,601,000 4,601,000 

PR ................... San Juan National Historic Site ................................ 1,947,000 1,947,000 

DC ................... National Mall and Memorial Parks ........................... 9,456,000 9,456,000 

SD ................... Jewel Cave National Monument ................................ 6,797,000 6,797,000 

CA ................... Yosemite National Park ............................................. 13,929,000 13,929,000 

NY ................... Gateway National Recreation Area ............................ 1,597,000 1,597,000 

MD ................... Chesapeake and Ohio Canal National Historical 

Park.

7,770,000 7,770,000 

AL .................... Selma to Montgomery National Historic Trail ........... 2,080,000 2,080,000 

DC ................... National Mall and Memorial Parks ........................... 8,240,000 8,240,000 

NE ................... Scotts Bluff National Monument ............................... 3,514,000 3,514,000 

SD ................... Mount Rushmore National Memorial ........................ 2,465,000 2,465,000 
1108

State Park Unit Budget Request This Bill 

MO ................... Ozark National Scenic Riverways .............................. 2,330,000 2,330,000 

AZ .................... Grand Canyon National Park ..................................... 10,966,000 10,966,000 

WI .................... Apostle Islands National Lakeshore .......................... 2,041,000 2,041,000 

NM ................... Old Santa Fe Trail Building ...................................... 4,770,000 4,770,000 

Additional Project Requests ...................................... 9,104,000 0 

Total, Line Item Construction .................................... 141,096,000 131,992,000 

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The agreement includes a rescission of $28,000,000 in annual 

contract authority. This authority has not been used in recent 

years and there are no plans to use this authority in fiscal year 

2017.

LAND ACQUISITION AND STATE ASSISTANCE

The bill provides $162,029,000 for Land Acquisition and State 

Assistance. The amounts recommended by this bill compared with 

the budget estimates by activity and project are shown in the table 

below, listed in priority order pursuant to the budget request for 

fiscal year 2017. Funds provided for the ‘‘Grand Teton NP—State 

Land’’ shall be used to repay fiscal year 2016 land acquisition 

projects and other balances reprogrammed during the first quarter 

of fiscal year 2017 in order to complete this project before December 31, 2016. From within funds for acquisition management, 

$252,000 is provided to support the administration of the American 

Battlefield Protection Program and to ensure the timely awarding 

of grants. Further instructions are contained under the Land and 

Water Conservation Fund heading in the front of this explanatory 

statement.

State Project—Unit Budget Request This Bill 

WY ................... Grand Teton NP—State Land ................................... $22,500,000 $14,572,000 

HI .................... Island Forests at Risk—Hawaii Volcanoes NP ........ 6,000,000 6,000,000 

ID .................... High Divide—Nez Perce NHP .................................... 400,000 400,000 

AL .................... Little River Canyon National Preserve ...................... 516,500 516,000 

Additional Project Requests ...................................... 7,897,500 0 

Subtotal, Line Item Projects ............................ 37,314,000 21,488,000 

American Battlefield Protection Program ................. 10,000,000 10,000,000 

Emergencies, Hardships, Relocations, and Deficiencies.3,928,000 3,928,000 

Acquisition Management ........................................... 10,000,000 9,679,000 

Inholdings, Donations, and Exchanges ..................... 5,000,000 4,928,000 

Recreational Access .................................................. 2,000,000 2,000,000 

Total, NPS Land Acquisition ............................. 68,242,000 52,023,000 

Assistance to 

States:

State conservation grants (formula) ........................ 94,000,000 94,000,000 

State conservation grants (competitive) .................. 12,000,000 12,000,000 

Administrative expenses ............................................ 4,006,000 4,006,000 

Total, Assistance to States .............................. 110,006,000 110,006,000 

Total, NPS Land Acquisition and State Assistance.178,248,000 162,029,000 
1109

CENTENNIAL CHALLENGE

The agreement provides $20,000,000 for the Centennial Challenge matching grant program, a key component of the Service’s 

Centennial Initiative. The program provides dedicated Federal 

funding to leverage partnerships for signature projects and programs for the national park system. The Committees expect these 

funds to be used by the Service to address projects which have a 

deferred maintenance component in order to alleviate the sizeable 

deferred maintenance backlog within the national park system. A 

one-to-one matching requirement is required for projects to qualify 

for these funds. The Service is urged to give preference to projects 

that demonstrate additional leveraging capacity from its partners. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The agreement provides $1,085,167,000 for Surveys, Investigations, and Research of the U.S. Geological Survey (USGS). The detailed allocation of funding by program area and activity is included in the table at the end of this explanatory statement. The 

Survey is directed to report to the Committees within 180 days of 

enactment of this Act on what new studies and projects over 

$1,000,000 have been initiated within the last three fiscal years. 

Ecosystems.—The bill provides $159,732,000, which includes an 

increase of $250,000 to address white-nose syndrome in bats and 

$250,000 as requested, for Great Lakes Fisheries Assessments. The 

Committees expect Great Lakes Restoration Initiative (GLRI) 

funds to be allocated in accordance with the funding allocation 

methodology used in fiscal year 2016, and provide $5,620,000 for 

the Survey to address Asian Carp issues in the Great Lakes and 

Upper Mississippi River. The Committees remain concerned about 

new and emerging invasive species and expect the Survey to continue to focus on early detection and rapid response as a way to 

address the threats posed by invasive plants and animals. 

Climate and Land Use Change.—The agreement provides 

$149,275,000, which includes the Senate directive for Arctic research, and $85,794,000 for the Land Remote Sensing program. 

The Survey is directed to apply carryover balances from the satellite operations account so that Landsat-9 is fully funded. 

Energy, Minerals, and Environmental Health.—The bill provides 

$94,311,000 for Energy, Minerals, and Environmental Health. The 

Committees do not accept the proposed decrease of $1,500,000 for 

geophysical and remote sensing activities, and expect this work to 

continue in the Yukon-Tanana Upland. The Committees understand that the Survey is spending approximately $3,000,000 on 

studies related to oil and gas resources in low-permeability reservoirs and expect this work to continue. Further, the Committees 

direct the Survey to consult with State geological surveys to conduct the initial research needed for new assessments in the Artic 

petroleum province. The Committees support the Survey’s comprehensive research on cyanobacterial harmful algal blooms within 

the Toxic Substances Hydrology program and expect this work to 

continue at the fiscal year 2016 enacted funding level. 
1110

Natural Hazards.—Funding for the Natural Hazards program in- cludes $64,303,000 for earthquake hazards, of which $10,200,000 is 

provided for continued development of an earthquake early warning system. The bill also provides an additional $800,000 as requested for the Central and Eastern U.S. Seismic Network 

(CEUSN) and an increase of $1,000,000 for regional seismic networks to work with the Survey to meet ANSS standards by incorporating data from active Earthscope earthquake monitoring instruments. The Committees understand that the cost benefit analysis as required by P.L. 114–113 is complete; therefore, the Survey 

is directed to report back to the Committees within six months of 

enactment of this Act with an implementation plan, including cost 

estimates, for the adoption of future seismic stations. The bill provides $28,121,000 for volcano hazards. A $1,000,000 

increase over enacted is provided for the repair and upgrade of 

analog systems on high-threat volcanos, and an additional 

$1,000,000 is provided for next-generation lahar detection systems. 

Water Resources.—The bill provides $214,754,000 for Water Re- sources, with $59,927,000 directed to activities associated with the 

Cooperative Matching Funds for the highest priority work in 

WaterSMART: Water Use Research, Tribal cooperative funding, 

and critical Enhanced Cooperative Activities and Urban Waters 

work. Specifically, the bill provides $45,052,000 for the Water 

Availability and Use Science program, including an additional 

$1,000,000 for Water Use Research and $2,000,000 for groundwater 

resource studies in the Mississippi River Alluvial Plain; 

$72,673,000 for the Groundwater and Streamflow Information program, including increases of $500,000 for the groundwater network, 

$700,000 for streamgages, and $160,000 to reestablish a transboundary river streamgage affected by discharges caused by mines 

across the Canadian border; $90,529,000 for the National Water 

Quality program, including a $717,000 increase for Enhanced Cooperative Activities and Urban Waters and $63,000,000 for NAWQA 

Cycle 3; and $6,500,000 for the Water Resources Research Act program.

Core Science Systems.—The bill provides $116,050,000, including 

increases to the 3D Elevation Program (3DEP), of which: 

$1,500,000 is for National Enhancement; $2,500,000 is for Alaska 

Mapping and Map Modernization; and $500,000 is for Landscape 

Level Assessments—Chesapeake Bay. 

Facilities.—It has come to the Committees’ attention that additional resources may be needed for facilities challenges in Menlo 

Park, California; Lakewood, Colorado; and Madison, Wisconsin. 

The Survey is expected to expeditiously move forward on innovative proposals for resolving these issues, to address funding needs 

in the fiscal year 2018 budget submission, and to keep the Committees informed of developments related to these facilities. 

Prohibition on Destruction of Records.—The Office of Inspector 

General’s report on Scientific Integrity at the USGS Energy Geochemistry Laboratory in Lakewood, Colorado, concluded the incident ‘‘has had numerous real and potential adverse impacts on customers, products, and the organizational integrity of USGS.’’ While 

the Survey has taken action and closed the laboratory involved, it 

is critical the Survey adhere to Federal records management re-
1111

quirements and abide by the prohibitions against unlawful removal 

or destruction of Federal records, specifically those regarding, related to, or generated by the Inorganic Section of this laboratory 

while USGS and Congressional assessments of the incident are ongoing.

BUREAU OF OCEAN ENERGY MANAGEMENT

OCEAN ENERGY MANAGEMENT

The bill provides $169,560,000 for Ocean Energy Management to 

be partially offset with the collection of rental receipts and cost recovery fees totaling $94,944,000, for a net discretionary appropriation of $74,616,000. The request did not include any funds for 

coastal marine spatial planning and accordingly the bill provides 

no funds for such activities. The agreement includes the following 

additional guidance: 

Air Quality Studies.—The Committees expect the Bureau to complete ongoing air quality modelling studies and consult with affected coastal States prior to finalizing any new requirements. 

Financial Assurance.—The Committees understand that the Bureau has extended the implementation timeline for changes to its 

Risk Management and Financial Assurance Program to allow for 

continued stakeholder input. 

Five-year lease plan.—The Committees are aware that the Department is reviewing the 2017–2022 offshore lease plan and expect the review to proceed expeditiously and to carefully consider 

updates for the plan consistent with stakeholder input. 

Offshore Revenues.—The Committees expect the Department will 

distribute revenues from Gulf of Mexico operations in a manner 

consistent with the Gulf of Mexico Energy Security Act of 2006 

(P.L. 109–432). 

Offshore Wind Energy Development.—The Committees understand that the Bureau is continuing to work in North Carolina 

with local stakeholders, industry, and State task forces and that 

there will be no lease sales in the Wilmington Wind Energy Area 

during fiscal year 2017. 

Renewable Energy.— The Bureau should follow the direction 

under this heading in Senate Report 114–281. 

BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

(INCLUDING RESCISSION OF FUNDS)

The bill provides $189,772,000 for Offshore Safety and Environmental Enforcement to be partially offset with the collection of 

rental receipts, cost recovery fees and inspection fees totaling 

$96,530,000 for a net discretionary appropriation of $93,242,000. 

The bill also includes a $25,000,000 rescission of unobligated balances.

Blowout Preventer Systems and Well Control Rule.—The Committees encourage the Bureau to evaluate information learned from 

additional stakeholder input and ongoing technical conversations to 

inform implementation of this rule. To the extent additional information warrants revisions to the rule that require public notice 
1112

and comment, the Bureau is encouraged to follow that process to 

ensure that offshore operations promote safety and protect the environment in a technically feasible manner. 

Other.—The Committees direct the Bureau to review its current 

policy concerning the acquisition of helicopter fuel in the Gulf of 

Mexico from third parties and submit a report to the Committees 

within 90 days of enactment of this Act. The report should include 

an analysis of how frequently fuel is acquired by the agency and 

the criteria used to determine compensation for fuel owned by third 

parties.

OIL SPILL RESEARCH

The bill provides $14,899,000 for Oil Spill Research. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

The bill provides $121,017,000 for Regulation and Technology. 

Within this amount, the bill funds regulatory grants at 

$68,590,000, equal to the fiscal year 2016 enacted level. 

ABANDONED MINE RECLAMATION FUND

The bill provides $132,163,000 for the Abandoned Mine Reclamation Fund. Of the funds provided, $27,163,000 shall be derived 

from the Abandoned Mine Reclamation Fund and $105,000,000 

shall be derived from the General Fund. The agreement provides 

$105,000,000 for grants to States for the reclamation of abandoned 

mine lands in conjunction with economic and community development and reuse goals. As provided in the bill, $75,000,000 shall be 

distributed in equal amounts to the three Appalachian States with 

the greatest amount of unfunded needs and $30,000,000 shall be 

distributed in equal amounts to the three Appalachian States with 

the subsequent greatest amount of unfunded needs. Such grants 

shall be distributed to States in accordance with the goals, intent 

and direction provided under this heading in House Report 114– 

632.

BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The bill provides $2,339,346,000 for Operation of Indian Programs. In addition to the funding allocation table at the end of this 

explanatory statement, the agreement includes requested fixed 

costs and transfers, and the following details and instructions. The 

Bureaus are reminded of the guidance and reporting requirements 

contained in House Report 114–632 and Senate Report 114–281 

that should be complied with unless specifically addressed to the 

contrary herein, as explained in the front matter of this explanatory statement. 

Tribal Government.—The agreement includes $308,185,000 for 

Tribal government programs, of which $160,000 is for new Tribes. 

If additional Tribes are recognized during fiscal year 2017 beyond 
1113

those contemplated in the budget request, the Bureau is urged to 

support their capacity building efforts to the extent feasible. The 

Small and Needy Tribes program is funded at $4,448,000, ensuring 

that all Tribes receive the maximum base level provided by the Bureau to run Tribal governments. Road maintenance is funded at $30,307,000. The Bureau is urged 

to focus the program increase on roads and bridges in poor or failing condition, particularly along school bus routes. The Bureau is 

directed to consolidate the reporting requirements for road maintenance contained in the House and Senate reports and to report 

back to the Committees within 60 days of enactment of this Act. 

Human Services.—The Bureau is directed to report back to the 

Committees within 90 days of enactment of this Act on the performance measures being used to monitor and track the Tiwahe 

initiative’s effectiveness in Indian Country. 

Trust—Natural Resources Management.—The agreement in- cludes $11,266,000 for the Tribal Management/Development Program and a $2,000,000 program increase for Alaska subsistence 

programs as requested, including consideration of funding for the 

projects and pilot programs referenced in the budget submission including the Ahtna Subsistence Cooperative Management Project 

and the Kuskokwim River Inter-Tribal Fisheries Commission. Forestry is funded at $54,155,000 and includes a $2,000,000 program 

increase for forest thinning projects. The Fish, Wildlife, and Parks 

program is funded at $15,203,000 and includes program increases 

of $545,000 for Tribal hatcheries currently not receiving BIA hatchery operations funding as outlined in the Senate report, and 

$1,000,000 for fish hatchery operations. The ongoing Seminole and 

Miccosukee water study is funded at $390,000 as requested. 

The Bureau is directed to enter into a formal partnership with 

local Tribes and the United States Geological Survey to help develop a water quality strategy for transboundary rivers affected by 

discharges caused by mines across the Canadian border. 

Trust—Real Estate Services.—The agreement includes $123,092,000 for real estate services and includes the following program changes: a decrease of $6,893,000 as requested from trust 

services; a $400,000 increase for the historical places and cemetery 

sites program, including ANCSA sites; and a $1,500,000 increase 

for settlement negotiations and implementation related to water 

rights and Tribal trust fishery resources in the Klamath Basin. The 

agreement does not include the directive contained in the House report regarding reservation boundary recognition. 

The Committees are concerned that the Bureau does not adequately maintain rights-of-way records. The Bureau is encouraged 

to develop a plan to update and digitize its inventory of records and 

to make the records publicly available in a commonly used mapping format, consistent with the guidance provided in Senate Report 114–281. 

Bureau of Indian Education.—The agreement includes 

$891,513,000 for the Bureau of Indian Education, of which: 

$400,223,000 is for ISEP formula funds; $2,500,000 is for the development and operation of Tribal departments or divisions of education (TEDs) as authorized by 25 U.S.C. 2020; $55,995,000 is for 

student transportation; $18,659,000 is for early child and family 
1114

development and should be used to expand the Family and Child 

Education (FACE) program; $80,165,000 is to fully fund Tribal 

grant support costs, based upon updated information provided by 

the Bureau; $66,219,000 is for facilities operations; $59,043,000 is 

for facilities maintenance; $7,414,000 is for Tribal technical colleges; $22,117,000 is for the Bureau-owned and operated Haskell 

Indian University and Southwestern Indian Polytechnic Institute 

(SIPI), as requested; $34,783,000 is for scholarships and adult education; $2,992,000 is for special higher education scholarships; 

$24,763,000 is for education program management; $10,287,000 is 

for information technology; and $12,201,000 is for education program enhancements, which shall be supplemented by the use of 

$2,000,000 in prior year unobligated balances. 

The Committees support efforts to revitalize and maintain Native languages and expand the use of language immersion programs and have provided $2,000,000 within education program enhancements for capacity building grants for Bureau and tribally operated schools to expand existing language immersion programs or 

to create new programs. Prior to distributing these funds, the Bureau shall coordinate with the Department of Education and Department of Health and Human Services to ensure that Bureau investments compliment, but do not duplicate, existing language immersion programs. The Committees also direct the Bureau to submit a report to the Committees within 180 days of enactment of 

this Act regarding the distribution of these funds and the status of 

Native language classes and immersion programs offered at Bureau-funded schools. 

The Johnson O’Malley program is funded at the fiscal year 2016 

enacted level. The Committees remain concerned that the distribution of funds is not an accurate reflection of the distribution of students. The Bureau is directed to consolidate the program reporting 

requirements contained in the House and Senate reports and to report back to the Committees within 60 days of enactment of this 

Act.

The one-time increase of $5,100,000 provided in fiscal year 2016 

to forward fund Tribal technical colleges has been transferred to 

forward fund the Institute of American Indian Arts in fiscal year 

2017. The Bureau is encouraged to forward fund Haskell and SIPI 

in future budget requests so that all Tribal colleges are on the 

same funding schedule. 

The Committees remain concerned about recent Government Accountability Office (GAO) reports detailing problems within the K– 

12 Indian education system at the Department of the Interior, in 

particular as they pertain to organizational structure, accountability, finance, health and safety, and ultimately student performance. As the Department takes steps to reform the system, the Secretary is reminded that future support from Congress will continue 

to be based in large part upon successful implementation of GAO 

report recommendations. In particular, consistent with GAO report 

13–774, the Secretary is urged to reorganize Indian Affairs so that 

control and accountability of the BIE system is consolidated within 

the BIE, to present such reorganization proposal in the fiscal year 

2018 budget request, and to submit to the Committees a corresponding updated workforce plan. Consistent with GAO testi-
1115

monies 15–389T, 15–539T, 15–597T, and any subsequent reports, 

the Secretary is urged to personally oversee immediate actions necessary to ensure the continued health and safety of students and 

employees at BIE schools and facilities. 

Public Safety and Justice.—The agreement includes $385,735,000 

for public safety and justice programs, of which: $202,000,000 is for 

criminal investigations and police services and includes a 

$1,000,000 program increase to implement the Native American 

Graves Protection and Repatriation Act; $96,507,000 is for detention/corrections; $10,319,000 is for law enforcement special initiatives; and $30,753,000 is for Tribal courts. 

Funding for Tribal justice support is restored to $17,250,000, of 

which not less than $10,000,000 is to address the needs of Tribes 

affected by Public Law 83–280. The Committees remain concerned 

about Tribal court needs as identified in the Indian Law and Order 

Commission’s November 2013 report, which notes Federal investment in Tribal justice in ‘‘P.L. 280’’ States has been more limited 

than elsewhere in Indian Country. The Committees expect the Bureau to work with Tribes and Tribal organizations in these States 

to fund plans that design, promote, sustain, or pilot courts systems 

subject to jurisdiction under Public Law 83–280. The Bureau is 

also directed to formally consult and maintain open communication 

throughout the process with Tribes and Tribal organizations on 

how this funding supports the technical infrastructure and future 

Tribal court needs for these jurisdictions. 

Community and Economic Development.—The agreement includes $41,844,000 for community and economic development, of 

which: $12,504,000 is for job placement and training; $25,304,000 

is for minerals and mining; and $2,235,000 is for community development central oversight. 

Executive Direction and Administrative Services.—The agreement 

provides $228,824,000 for executive direction and administrative 

services, of which: $10,006,000 is for Assistant Secretary Support, 

$2,970,000 is for safety and risk management; $23,060,000 is for 

human capital management; $23,552,000 is for intra-governmental 

payments. The reductions from Assistant Secretary Support and 

human capital management reflect a transfer of school-related responsibilities, personnel, and budget to the Bureau of Indian Education.

Tribal Recognition.—The Committees acknowledge concerns expressed by certain Tribes, States, and bipartisan members of Congress regarding effects of recent changes in Tribal recognition policy on standards that have been applied to new applicants since 

1978. Federal acknowledgement of a Tribe impacts the Federal 

budget, other Tribes, State and local jurisdictions, and individual 

rights. The Committees expect the Administration to maintain rigorous recognition standards while implementing a more transparent, efficient, and workable process. 

CONTRACT SUPPORT COSTS

The bill provides an indefinite appropriation for contract support 

costs, consistent with fiscal year 2016 and estimated to be 

$278,000,000.
1116

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

The bill provides $192,017,000 for Construction. In addition to 

the funding allocation table at the end of this explanatory statement, the agreement includes the following instructions: 

Education.—The agreement includes $133,257,000 for schools 

and related facilities within the Bureau of Indian Education system, equal to the fiscal year 2016 enacted level after accounting for 

a one-time funding surge in 2016 to reduce the backlog of critical 

deferred maintenance projects. The Bureau is directed to submit an 

allocation plan to the Committees for campus-wide replacement 

and facilities replacement within 30 days of enactment of this Act. 

Indian Affairs is directed to reallocate $2,000,000 from prior year 

unobligated balances in order to accelerate advance planning and 

design of replacement schools and school facilities as proposed. Of 

these unobligated balances, $1,000,000 shall be from the Construction Management activity and $1,000,000 shall be from the General 

Administration activity. 

The agreement does not include an authorizing provision in the 

House bill to reconstitute the National Fund for Excellence in 

American Indian Education. The Committees continue to strongly 

support innovative financing options to supplement annual appropriations and accelerate repair and replacement of Bureau of Indian Education schools, including through the use of construction 

bonds, tax credits, and grant programs. The Department is urged 

to revise and resubmit its proposal to reconstitute the Fund and to 

include authority for the Fund to facilitate public-private partnership construction projects. 

INDIAN LAND AND WATER CLAIMS SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

The bill provides $45,045,000 for Indian Land and Water Claims 

Settlements and Miscellaneous Payments to Indians. In addition, 

the Bureau shall reallocate $5,916,000 in prior-year unobligated 

funds that remain after completion of settlement requirements, for 

a total program level of $50,961,000. The Department is directed 

to submit an allocation plan for these funds to the Committees 

within 90 days of enactment of this Act. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

The bill provides $8,757,000 for the Indian Guaranteed Loan 

Program Account to facilitate business investments in Indian 

Country.

ADMINISTRATIVE PROVISIONS

(INCLUDING RESCISSION OF FUNDS)

The bill includes a rescission of $3,400,000 from prior year unobligated balances within the Operation of Indian Programs account. 

The Bureau is directed to take the rescission from no-year funds 

within the Executive Direction and Administrative Services activity.
1117

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

DEPARTMENTAL OPERATIONS

The agreement provides $271,074,000 for Departmental Offices, 

Office of the Secretary, Departmental Operations. The detailed allocation of funding by program area and activity is included in the 

table at the end of the statement. 

Increases above the fiscal year 2016 enacted level within the 

Leadership and Administration activity are outlined within Senate 

Report 114–281 and include $225,000 as requested for equipment 

associated with monitoring classified computers and communications devices supporting the Office of the Secretary and the intelligence community in light of ongoing terrorist threats to national 

icons. Within the Management Services activity, an additional 

$110,000 is provided for law enforcement and investigative activities, including combatting counterfeit activities and enforcement 

functions related to Indian art and craftwork. The agreement provides $11,000,000 for the Office of Valuation Services. The agreement also includes an additional $968,000 as requested within the 

Office of Natural Resources Revenue (ONNR) to address certain 

Trust responsibilities for the Osage Nation consistent with the 

services ONRR already provides to every other Tribe. Full funding 

for the Payments in Lieu of Taxes (PILT) program for fiscal year 

2017 is included in a separate account under Department-Wide 

Programs. The agreement includes language as requested establishing the Department of the Interior Experienced Services Program.

National Monument Designations.—The Department is directed 

to collaboratively work with interested parties, including Congress, 

States, local communities, Tribal governments, and others before 

making national monument designations. 

Arecibo Observatory.—The Committees recognize the importance 

of world-class scientific research conducted at the Arecibo Observatory in Puerto Rico and direct the Department to notify the Committees prior to taking any actions that could affect the future operation of the facility. 

Energy and Minerals Programs and Management.—The Committees are aware that the Department is administratively addressing 

many of the energy-related provisions and directives contained in 

the House and Senate bills and reports with the goal of increasing 

responsible and sustainable energy development on Federal lands, 

while providing economic benefits to States, Tribes, communities, 

and the economy. 

Office of Navajo and Hopi Indian Relocation.—The Department 

is directed to work with the Office of Navajo and Hopi Indian Relocation (ONHIR) on a plan to close ONHIR and transfer any remaining functions to another agency or organization, as described 

in further detail under the ONHIR heading within this explanatory 

statement.
1118

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

The agreement provides $91,925,000 for Assistance to Territories. The detailed allocation of funding is included in the table at 

the end of this explanatory statement. 

COMPACT OF FREE ASSOCIATION

The agreement provides $3,318,000 for Compact of Free Association. The detailed allocation of funding is included in the table at 

the end of this explanatory statement. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

The agreement provides $65,769,000 for the Office of the Solicitor. The detailed allocation of funding is included in the table at 

the end of this explanatory statement. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The agreement provides $50,047,000 for the Office of Inspector 

General. The detailed allocation of funding is included in the table 

at the end of this explanatory statement. 

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The agreement provides $139,029,000 for the Office of the Special Trustee for American Indians. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. 

DEPARTMENT-WIDE PROGRAMS

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides a total of $942,671,000 for Department 

of the Interior Wildland Fire Management. Of the funds provided, 

$395,000,000 is for suppression operations. The bill fully funds 

wildland fire suppression at the 10-year average. The detailed allocation of funding for these accounts is included in the table at the 

end of this explanatory statement. 

Fuels Management.—The agreement provides $180,000,000 for 

hazardous fuels management activities, which is $10,000,000 above 

the fiscal year 2016 enacted level. 
1119

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $65,000,000 for the FLAME Wildfire 

Suppression Reserve Fund, which is designated as emergency 

spending.

CENTRAL HAZARDOUS MATERIALS FUND

The agreement provides $10,010,000 for the Central Hazardous 

Materials Fund. 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

The agreement provides $7,767,000 for the Natural Resource 

Damage Assessment Fund. The detailed allocation of funding by 

activity is included in the table at the end of this explanatory statement.

WORKING CAPITAL FUND

The agreement provides $67,100,000 for the Department of the 

Interior, Working Capital Fund. 

PAYMENTS IN LIEU OF TAXES

The agreement provides $465,000,000 for the Payments in Lieu 

of Taxes (PILT) program, the fully authorized level of funding for 

fiscal year 2017 as determined by the most recent Department of 

the Interior calculation and provided to the Committees on April 

20, 2017. The initial estimate was made during formulation of the 

fiscal year 2017 President’s Budget, over 20 months before enactment of the appropriation. This estimate was overstated because it 

was predicated on the relevant inflation rate at the time—nearly 

twice the current rate. Additionally, the initial estimate presumed 

average historical prior-year payment information, which has now 

been updated with current data from States and counties. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)

The agreement includes various legislative provisions affecting 

the Department in Title I of the bill, ‘‘General Provisions, Department of the Interior.’’ The provisions are: 

Section 101 provides Secretarial authority for the intra-bureau 

transfer of program funds for expenditures in cases of emergencies 

when all other emergency funds are exhausted. 

Section 102 provides for the Department-wide expenditure or 

transfer of funds by the Secretary in the event of actual or potential emergencies including forest fires, range fires, earthquakes, 

floods, volcanic eruptions, storms, oil spills, grasshopper and Mormon cricket outbreaks, and surface mine reclamation emergencies. 

Section 103 provides for the use of appropriated funds by the 

Secretary for contracts, rental cars and aircraft, telephone expenses, and other certain services. 
1120

Section 104 provides for the transfer of funds from the Bureau 

of Indian Affairs and Bureau of Indian Education, and Office of the 

Special Trustee for American Indians. 

Section 105 permits the redistribution of Tribal priority allocation and Tribal base funds to alleviate funding inequities. 

Section 106 authorizes the acquisition of lands for the purpose of 

operating and maintaining facilities that support visitors to Ellis, 

Governors, and Liberty Islands. 

Section 107 continues Outer Continental Shelf inspection fees to 

be collected by the Secretary of the Interior. 

Section 108 authorizes the Secretary of the Interior to continue 

the reorganization of the Bureau of Ocean Energy Management, 

Regulation, and Enforcement in conformance with Committee reprogramming guidelines. 

Section 109 provides the Secretary of the Interior with authority 

to enter into multi-year cooperative agreements with non-profit organizations for long-term care of wild horses and burros. 

Section 110 addresses the U.S. Fish and Wildlife Service’s responsibilities for mass marking of salmonid stocks. 

Section 111 modifies a provision addressing Bureau of Land 

Management actions regarding grazing on public lands. 

Section 112 continues a provision prohibiting funds to implement, administer, or enforce Secretarial Order 3310 issued by the 

Secretary of the Interior on December 22, 2010. 

Section 113 allows the Bureau of Indian Affairs and Bureau of 

Indian Education to more efficiently and effectively perform reimbursable work. 

Section 114 addresses the issuance of rules for sage-grouse. 

Section 115 addresses National Heritage Areas. 

Section 116 addresses the humane transfer of excess wild horses 

and burros. 

Section 117 extends authorization for certain payments to the 

Republic of Palau for fiscal year 2017. 

Section 118 provides for the establishment of a Department of 

the Interior Experienced Services Program. 

Section 119 provides a boundary adjustment to the Natchez National Historical Park. 

Section 120 establishes a special resources study to preserve 

Civil Rights sites. 

Section 121 modifies the Continuous Operations rule. 

Section 122 establishes the Bureau of Land Management Foundation.

TITLE II—ENVIRONMENTAL PROTECTION AGENCY 

The bill provides $8,058,488,000 for the Environmental Protection Agency (EPA). 

Congressional Budget Justification.—The Agency is directed to 

continue to include the information requested in House Report 

112–331 and any proposals to change State allocation formulas 

that affect the distribution of appropriated funds in future budget 

justifications.

Reprogramming.—The Agency is held to the reprogramming limitation of $1,000,000 and should continue to follow the reprogramming directives as provided in the front of this explanatory state-
1121

ment. It is noted that such reprogramming directives apply to proposed reorganizations, workforce restructure, reshaping, transfer of 

functions, or downsizing, especially those of significant national or 

regional importance, and include closures, consolidations, and relocations of offices, facilities, and laboratories. Further, the Agency 

may not use any amount of deobligated funds to initiate a new program, office, or initiative, without the prior approval of the Committees.

Within 30 days of enactment of this Act, the Agency is directed 

to submit to the House and Senate Committees on Appropriations 

its annual operating plan for fiscal year 2017, which shall detail 

how the Agency plans to allocate funds at the program project 

level.

Other.—It is noted that the current workforce is below the fiscal 

year 2016 level, therefore, the agreement includes rescissions in 

the Science and Technology and Environmental Programs and 

Management accounts that capture expected savings associated 

with such changes. The Agency is directed to first apply the rescissions across program project areas to reflect routine attrition that 

will occur in those program project areas in fiscal year 2017 and 

then to reflect efficiency savings in a manner that seeks, to the extent practicable, to be proportional among program project areas. 

Amounts provided in this Act are sufficient to fully fund Agency 

payroll estimates. The Committees understand that the Agency 

routinely makes funding payroll requirements a top priority, and 

the Committees expect the Agency will continue to do so as it executes its fiscal year 2017 appropriation and applies the rescissions. 

The Committees do not expect the Agency will undertake adverse 

personnel actions or incentive programs to comply with the rescissions. As specified in the bill language, the rescissions shall not 

apply to the Geographic Programs, the National Estuary Program, 

and the National Priorities funding in the Science and Technology 

and Environmental Programs and Management accounts. The 

Agency is directed to submit, as part of the operating plan, detail 

on the application of such rescissions at the program project level. 

SCIENCE AND TECHNOLOGY

(INCLUDING RESCISSION OF FUNDS)

For Science and Technology programs, the bill provides 

$713,823,000 to be partially offset by a $7,350,000 rescission for a 

net discretionary appropriation of $706,473,000. The bill transfers 

$15,496,000 from the Hazardous Substance Superfund account to 

this account. The bill provides the following specific funding levels 

and direction: 

Research: National Priorities.—The bill provides $4,100,000 

which shall be used for extramural research grants, independent of 

the Science to Achieve Results (STAR) grant program, to fund 

high-priority water quality and availability research by not-forprofit organizations who often partner with the Agency. Because 

these grants are independent of the STAR grant program, the 

Agency should strive to award grants in as large an amount as is 

possible to achieve the most scientifically significant research. 

Funds shall be awarded competitively with priority given to part-
1122

ners proposing research of national scope and who provide a 25 

percent match. The Agency is directed to allocate funds to grantees 

within 180 days of enactment of this Act. 

Additional Guidance.—The agreement includes the following additional guidance: 

Computational Toxicology.—The Agency shall follow the direction 

under this heading in Senate Report 114–281. 

Enhanced Aquifer Use.—The Agency shall follow the direction 

under this heading in Senate Report 114–281. 

Integrated Risk Information System (IRIS).— The Committees 

are aware of efforts to implement the 2011 National Academy of 

Science’s (NAS) Chapter 7 and 2014 NAS report recommendations 

for the IRIS program, including six specific recommendations. 

These recommendations include objective evaluation of the 

strengths and weaknesses of critical studies, the need for weight of 

evidence evaluation and integration, and clearer rationale for selecting studies to calculate toxicity values. Additionally, the NAS 

identified specific recommendations and considerations when evaluating the hazards of formaldehyde. The Committees believe that 

EPA should contract with the NAS to conduct the peer review of 

the revised draft IRIS assessment of formaldehyde, should it be released in fiscal year 2017, to verify the recommendations from the 

previous NAS report of 2011 have been fully resolved scientifically. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

(INCLUDING RESCISSION OF FUNDS)

For Environmental Programs and Management, the bill provides $2,619,799,000 to be partially offset by a $21,800,000 rescission for 

a net discretionary appropriation of $2,597,999,000. The bill provides the following specific funding levels and direction: 

Environmental Protection: National Priorities.—The bill provides $12,700,000 for a competitive grant program to provide technical 

assistance for improved water quality or safe drinking water to 

rural and urban communities or individual private well owners. 

The Agency is directed to provide on a national or multi-State regional basis, $11,000,000 for grants to qualified not-for-profit organizations, including organizations authorized by Section 1442(e) of 

the Safe Drinking Water Act (42 U.S.C.300j–1(e)(8)), for the sole 

purpose of providing on-site training and technical assistance for 

water systems in rural or urban communities. The Agency is also 

directed to provide $1,700,000 for grants to qualified not-for-profit 

organizations for technical assistance for individual private well 

owners, with priority given to organizations that currently provide 

technical and educational assistance to individual private well owners. The Agency shall require each grantee to provide a minimum 

10 percent match, including in-kind contributions. The Agency is 

directed to allocate funds to grantees within 180 days of enactment 

of this Act. 

Geographic Programs.—The bill provides $435,857,000, as distributed in the table at the end of this division, and includes the 

following direction: 

Great Lakes Restoration Initiative.—The bill provides $300,000,000 and the Agency shall continue to follow the direction 
1123

as provided in House Report 112–589. In addition, as EPA distributes funds across the five focus areas, Tribal related activities shall 

be maintained at not less than the fiscal year 2016 level. 

Chesapeake Bay.—The bill provides $73,000,000 and the Agency 

shall allocate funds consistent with the direction under this heading in Senate Report 114–281. 

Water: Ecosystems.—The agreement includes $47,788,000. The 

Committees recognize that Public Law 114–161 created a competitive grant program to help prioritize challenging issues within estuaries. Passage of this law occurred after the Agency’s budget submission. After the Agency provides $600,000 to each of the 28 national estuaries in the program, the Committees urge the Agency 

to fund a competitive grant program using available resources, and 

consistent with House report 114–632. In addition, the Committees 

direct EPA to use the funds provided to accelerate the processing 

of mining permits with the Corps of Engineers. Further, the Committees direct EPA, in consultation with the Corps of Engineers, to 

continue to report monthly on the number of Section 404 permits 

under EPA’s review, consistent with the direction under this heading in House Report 114–170. 

Additional Guidance.—The agreement includes the following additional guidance: 

Accidental Release Prevention Requirements.—The Committees 

note that EPA has postponed the effective date for implementation 

by 90 days as it reviews and reevaluates the rule. The Committees 

expect EPA to work with State regulators, facility managers, small 

businesses, and other stakeholders as it reevaluates the rule. 

Agricultural Operations.—The Committees note that Congress 

never intended the Solid Waste Disposal Act to govern animal or 

crop waste, manure, or fertilizer, or constituents derived from such 

sources. The Agency’s longstanding regulations accurately reflect 

Congress’ intent not to regulate manure and crop residues under 

the Solid Waste Disposal Act, and the Committees support legislative efforts to clarify and codify the treatment of agricultural byproducts under the Solid Waste Disposal Act. 

Clean Air Act Economic Analysis.—The Committees note that 

Section 321(a) of the Clean Air Act states that the EPA ‘‘shall conduct continuing evaluations of potential loss or shifts of employment’’. On October 17, 2016, a Federal district court opinion found 

that the Agency has a non-discretionary duty to compile such evaluations, and ordered the Agency to develop a plan for compliance. 

In January 2017, the Federal district court directed the EPA to develop an economic analysis of the effects of regulations on the coal 

mining and power generation industries by July 1, 2017. EPA has 

also been directed to demonstrate by the end of the year that it has 

measures in place to monitor employment shift as a result of its 

regulations. The Committees expect the Agency will keep the Committees apprised of progress to comply with the recent court orders. 

Coal Combustion Residuals.—Section 2301 of the WIIN Act (P.L. 

114–322) amended the Solid Waste Disposal Act to authorize the 

Agency to review and approve, as appropriate, State programs for 

permits or other systems of prior approval and conditions under 

State law for the regulation of coal combustion residuals. To expedite the process for reviewing and approving such State programs, 
1124

the Agency should establish, as expeditiously as is practicable, 

streamlined procedures for prompt approval of those State programs.

Combined Sewer Overflows.—Senate Report 114–281 included 

language directing the EPA to report to Congress, within 60 days 

of enactment of this Act, the plan and timeline for the implementation of public notice requirements for treatment works discharging 

sewage into the Great Lakes as required by the Consolidated Appropriations Act, 2016. The Committees remind the Agency that 

the bill language in the Consolidated Appropriations Act, 2016, 

specifically defined the term ‘‘Great Lakes’’ for purpose of the public notice requirements. Additionally, the Committees note that the 

bill language did not require immediate public notice. As such, the 

Committees recommend the Agency give utilities flexibility to ensure that the ratepayers are not severely impacted by the cost of 

implementing this public notice requirement. 

Ecolabels for Federal Procurement.—The agreement includes the 

direction in Senate Report 114–281 to provide a report on the 

Agency’s Ecolabel program within 60 days of enactment of this Act. 

The Committees are aware that the Agency has been developing 

guidelines to evaluate ecolabels that are used in Federal purchasing for building construction and other uses and recommend 

that any process be fair, transparent, and consistent with other 

product requirements. 

Exempt Aquifers.—The Committees are aware that EPA has received and will be receiving exempt aquifer applications from the 

State of California for processing and approval. The Committees 

continue to support protecting underground sources of drinking 

water and promoting robust economic development. Accordingly, 

the Committees continue to urge EPA to work expeditiously to 

process exempt aquifer applications and use the existing regulatory 

framework to process these applications as provided in House Report 114–170 and House Report 114–632. 

Integrated Planning.—The Committees strongly support efforts 

to use an integrated planning approach to help municipalities meet 

Clean Water Act obligations. The Committees urge the Agency to 

work with communities in fiscal year 2017 to develop elements of 

integrated plans for municipal wastewater and stormwater management.

Lead Test Kit.—The Committees reiterate support for activities 

that result in safe and proper reduction of lead paint in homes and 

the protection of sensitive populations. Such support along with 

concerns about implementation challenges were expressed in House 

Report 114–632 and Senate Report 114–281. Consistent with the 

concerns outlined in the Committee reports, EPA should identify 

options to remedy implementation challenges that have persisted 

since 2009. 

National Ambient Air Quality Standards.—Concerns remain 

about potentially overlapping implementation schedules related to 

the 2008 and 2015 standards for ground-level ozone. Because the 

Agency did not publish implementing regulations for the 2008 

standard of 75 parts per billion [ppb] until February 2015, and 

then revised the standard to 70 ppb in October 2015, States now 

face the prospect of implementing two national ambient air quality 
1125

standards for ozone simultaneously. It is likely that, based on 

Agency data, a number of counties will be in non-attainment with 

both the 2008 standard and the 2015 standard. Additionally, Agency data suggests that a number of marginal non-attainment counties will meet the 2015 standard by 2025 due to other air regulations. In an effort to find the most sensible path to reduce ground 

level ozone, some flexibility must be granted to States that face the 

burden of implementing these potentially overlapping standards. 

Within 90 days of the date of enactment of this Act, the Agency is 

directed to provide the Committees with a report examining the potential for administrative options to enable States to enter into cooperative agreements with the Agency that provide regulatory relief and meaningfully clean up the air. 

Pesticides Registration Improvement Act.—In addition to the direction under this heading in Senate Report 114–281,—the Agency 

is directed to provide the Committees with a quarterly report detailing the amount of previously collected maintenance fees that 

are currently unavailable for obligation. 

Science Advisory Board.—Regarding language under both the 

Science and Technology account and the Environmental Programs 

and Management account, the Committees are aware that EPA did 

not fulfill the fiscal year 2016 directive to provide updated policy 

statements to GAO for review. 

Significant New Alternatives Policy (SNAP) Program.—The Committees reiterate the concern expressed in Senate Report 114–281 

with respect to the proposed timeframes for delistings. Historical 

experience indicates that manufacturers often need several years to 

modify manufacturing processes in order to transition between new 

materials. Since EPA’s deadlines are not driven by statutory mandates, additional transition time is allowable, and warranted, in 

order to avoid unintended consequences. To allow manufacturers to 

fully integrate new chemicals into their product lines following rigorous efficacy and safety testing, EPA is directed to consider harmonizing the status of any previously approved refrigerant or 

foam-blowing agent with other domestic and international programs for refrigeration and commercial air conditioning applications, and corresponding deadlines for military, space- and aeronautics-related applications. 

Small and Art Glass Manufacturers.—The Committees note 

there are significant concerns in the small and art glass manufacturing industry over potential changes to the definitions and standards for National Emission Standards for Hazardous Air Pollutants 

requirements. The Committees recommend that the Agency maintain current thresholds and definitions particularly related to operators that produce less than 50 tons per year or use non-continuous 

furnaces in their operations. 

Small Refinery Relief.—The agreement includes the directive 

contained in Senate Report 114–281 related to small refinery relief. 

Spill Prevention Requirements.—The WIIN Act (P.L. 114–322) 

modified the applicability of EPA’s Spill Prevention, Control and 

Countermeasure regulations with respect to smaller containers on 

farms. The Committees urge EPA to continue to explore options for 

additional flexibilities for farmers and ranchers subject to the rule. 
1126

Toxic Substances Control Act Modernization.—The agreement includes bill language that will enable the EPA to collect and spend 

new fees to conduct additional chemical reviews, as authorized by 

the Frank R. Lautenberg Chemical Safety for the 21st Century Act 

(P.L. 114–182). Since collections will begin partway through the 

year, the Congressional Budget Office estimates that fee collections 

will total $3,000,000 for fiscal year 2017 and are estimated to increase to $25,000,000 per year once the program is fully implemented. Finally, this bill includes language ensuring that new fee 

collections will supplement, not supplant, appropriated resources 

for these activities. 

Uranium.—The Committees note that EPA has decided to re-propose the Part 192 rule and solicit additional public comment. As 

the Agency works through the public comment process, the Committees encourage EPA to work with State regulators, the Nuclear 

Regulatory Commission, and the uranium recovery industry to collect sufficient data to determine if any updates are needed to the 

existing generally applicable standards. 

Worker Protection Standards.—The Committees note that the 

process for developing and providing guidance, educational materials, and training resources to the States has not followed the 

schedule originally envisioned in the rule. Accordingly, the Agency 

has received petitions requesting extensions of implementation 

dates until January 2018 that would allow for a smoother transition to new requirements. The Agency should consider extending 

implementation deadlines until 2018, and whether further engagement with stakeholders regarding implementation issues would be 

beneficial.

HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND

The bill provides $3,178,000 for the Hazardous Waste Electronic 

Manifest System Fund. 

OFFICE OF INSPECTOR GENERAL

The bill provides $41,489,000 for the Office of Inspector General. 

BUILDINGS AND FACILITIES

The bill provides $34,467,000 for Buildings and Facilities. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $1,088,769,000 for the Hazardous Substance 

Superfund account and includes bill language to transfer 

$8,778,000 to the Office of Inspector General account and 

$15,496,000 to the Science and Technology account. The bill provides the following additional direction: 

Financial Assurance.—The Committees are aware of concerns 

raised by States, stakeholders, and the Small Business Administration’s Office of Advocacy regarding the Agency’s proposed rule on 

financial assurance for hardrock mining. The Agency has extended 

the comment period on the proposed rule for hardrock mining until 

July 11, 2017. It is expected that the Agency will take those com-
1127

ments into account in recommending its course of action to finalize 

the rule. 

Sediment Guidance.—The Committees note that the Agency completed a report on sediment guidance in February 2017. The Committees urge the Agency to ensure compliance with the Agency’s 

Contaminated Sediment Guidance. 

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

The bill provides $91,941,000 for the Leaking Underground Storage Tank Trust Fund Program. 

INLAND OIL SPILL PROGRAMS

The bill provides $18,209,000 for Inland Oil Spill Programs. 

STATE AND TRIBAL ASSISTANCE GRANTS

The bill provides $3,527,161,000 for the State and Tribal Assistance Grants program and includes the following specific funding 

levels and direction: 

Targeted Airshed Grants.—The bill provides $30,000,000 for targeted airshed grants to reduce air pollution in non-attainment 

areas. These grants shall be distributed on a competitive basis to 

non-attainment areas that EPA determines are ranked as the top 

five most polluted areas relative to annual ozone or particulate 

matter 2.5 standards as well as the top five areas based on the 24- 

hour particulate matter 2.5 standard where the design values exceed the 35 μg/m3 standard. To determine these areas, the Agency 

shall use the most recent design values calculated from validated 

air quality data. The Committees note that these funds are available for emission reduction activities deemed necessary for compliance with national ambient air quality standards and included in 

a State Implementation Plan submitted to EPA. Not later than the 

end of fiscal year 2017, EPA should provide a report to the Committees on Appropriations that includes a table showing how fiscal 

year 2016 and 2017 funds were allocated. The table should also include grant recipients and metrics for anticipated or actual results. 

Animas River Spill.—The Gold King Mine spill into the Animas 

River significantly impacted areas in New Mexico, Colorado, Arizona, Utah, and the Navajo Nation. As authorized by P.L. 114–322, 

the bill provides $4,000,000 for a long-term water quality monitoring program, and EPA is directed to continue to work in consultation with affected States and Tribes on that effort. The Agency 

is strongly encouraged to follow the requirements detailed in House 

report 114–632 regarding the temporary water treatment plant and 

in Senate Report 114–281 regarding reimbursements for State, 

local and Tribal costs related to the spill. Finally, a recent legal decision has left many stakeholders concerned that they will not be 

compensated for property damage, business losses, and other negative financial impacts. EPA should further explore all legal and financial recourses that could compensate individuals for such damages and, if available, should ensure that recourses will be extended to individuals located in all areas impacted by the spill in 

New Mexico, Colorado, Arizona, Utah, and the Navajo Nation. The 

Agency is required to report to the Committees within 60 days of 
1128

enactment of this Act on the details and timeline for such efforts, 

including plans for stakeholder engagement in all areas affected by 

the spill. 

Categorical Grants.—The bill provides $1,066,041,000 for Categorical Grants and funding levels are specified in the table at the 

end of this division. The Agency shall allocate radon grants in fiscal year 2017 following the direction in House Report 114–632. The 

amount also includes $228,219,000 for the State and Local Air 

Quality Management grant program, and the Agency is directed to 

allocate funds for this program using the same formula as fiscal 

year 2015. The Committees understand the Office of Air and Radiation was able to provide some additional funds to the States in fiscal year 2016 using balances. The Committees encourage the Agency to do the same in fiscal year 2017 and to provide those additional funds to the regions with the highest need. 

Use of Iron and Steel.—The bill includes language in Title IV 

General Provisions that stipulates requirements for the use of iron 

and steel in State Revolving Fund projects, and the agreement includes only the following guidance. The Committees acknowledge 

that EPA may issue a waiver of said requirements for de minimis 

amounts of iron and steel building materials. The Committees emphasize that any coating processes that are applied to the external 

surface of iron and steel components that otherwise qualify under 

the procurement preference shall not render such products ineligible for the procurement preference regardless of where the coating processes occur, provided that final assembly of the products 

occurs in the United States. 

WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM

ACCOUNT

This bill provides an additional $10,000,000 for the WIFIA program. When combined with funds provided under Sec. 197 of P.L. 

114–254, the WIFIA program is funded at a total $30,000,000 for 

fiscal year 2017, which has the ability to be leveraged for a total 

of $3,049,000,000 in loans. Of the amounts provided in this bill and 

in P.L. 114–254, EPA may use up to $5,000,000 for administrative 

expenses to administer the program and issue loans. The Committees note that $2,200,000 had previously been provided in other accounts for staffing and administrative needs in order to establish 

the program. The agreement concurs with the budget consolidation 

of those resources into this new account. 

ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION AGENCY

(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

The bill continues several administrative provisions from previous years. 

Rescission.—The bill rescinds $61,198,000 of unobligated balances from the State and Tribal Assistance Grants account. The 

Agency shall calculate the requisite percent reduction necessary to 

rescind such amounts from new obligational authority and apply it 

across program areas by formula. The Agency is directed to submit, 

as part of the operating plan, detail on the application of such rescissions by program project area. 
1129

TITLE III—RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

Forest Service Directives.—The Forest Service is reminded of the 

importance of the directives included in House Report 114–632 and 

Senate Report 114–281 not addressed herein, as well as the new 

directives in this statement, including the front matter. The Service is expected to provide the research report, as required by the 

House report, within 30 days of enactment of this Act. 

Forest Service Accounting, Budgeting, and Management.—The

agreement includes bill language and directives to increase transparency and confidence in the Service’s management of its programs and activities. 

The agreement includes a new administrative provision requiring 

the Service to report within 30 days after the close of each quarter, 

through the Office of Budget and Program Analysis, its current and 

prior year unobligated balances to the House and Senate Committees on Appropriations. The Service is directed to provide this report for all mandatory and discretionary funds, including receipts 

and permanent appropriations, as well as funds subject to notification requirements and transfers of unobligated balances. 

Although the agreement does not include reprogramming guidelines in bill language, as proposed by the House, the Committees 

expect the Service to follow the letter and spirit of the reprogramming requirements in this explanatory statement and direct the 

Service to submit requests through the Office of Budget and Program Analysis. 

The agreement assigns fiscal-year limits to certain Forest Service 

accounts. This modification will require funds to be tracked by 

year, budget line item, and account, and encourage the Service to 

expeditiously award contracts, settle reimbursable agreements, and 

conduct forest management activities. The agreement also establishes a non-recurring expenses account that will allow certain unobligated funds to be captured and used for fuel reduction and 

post-fire rehabilitation purposes. The Committees believe that fiscal-year limits will not impede the Service’s ability to effectively 

fight wildfire or meet wildfire obligations relating to agreements 

with Federal, State, or other partners. 

To further support the Service’s efforts in centralizing and standardizing budgeting and accounting practices among the Regions 

and program offices, the Service is directed to improve and better 

manage its procurement and financial management processes to 

ensure funds are spent in an appropriate and timely manner. The 

Service should also make certain that sufficient internal controls 

are in place to ensure that unliquidated obligations are consistently 

and systematically evaluated for validity, and that unliquidated obligations found unnecessary are promptly adjusted to make funds 

available for authorized purposes. 

According to the information provided as required by Senate Reports 114–82 and 114–70, the Service has significantly higher costs 

of printing for public distribution compared to other Department of 

Agriculture agencies. The Service is directed to update the informa-
1130

tion provided in the report to the Committees within 30 days of enactment of this Act, and to significantly reduce its printing expenditures.

FOREST AND RANGELAND RESEARCH

The agreement provides $288,514,000 for Forest and Rangeland 

Research, including $77,000,000 for Forest Inventory and Analysis. 

Forest Products Laboratory.—Of the funds available to the Forest 

Products Laboratory, no less than $1,000,000 is to sustain funding 

with existing academic partners focused on research and technology development to create new and expanded markets and to 

advance high-value, high-volume wood markets from restorative actions on the Nation’s public and private forests. 

Joint Fire Science Research.—The agreement accepts the proposal to shift the Joint Fire Science Research program into the Forest and Rangeland Research account and provides no less than 

$3,000,000 for the program. 

Forest Research Priorities.—The Committees are concerned that 

the research program is not well aligned with the needs of the National Forest System. When assessing the value of new proposals, 

significant weight should be given to projects whose findings could 

be incorporated into management and decision-making. 

STATE AND PRIVATE FORESTRY

(INCLUDING RESCISSION OF FUNDS)

The agreement provides $216,921,000 for State and Private Forestry. The following directions are also provided: 

Federal and Cooperative Lands.—The Committees understand 

the Service has obligated $5,000,000 in prior year balances to address the forest health crisis in Region 5. 

Forest Legacy.—The bill provides $62,347,000 for the Forest Leg- acy program. This includes $6,400,000 for program administration 

and $55,947,000 for projects. The Service should fund projects in 

priority order according to the competitively selected national priority list submitted by the Forest Service as part of its fiscal year 

2017 budget request. In lieu of the direction included in the House 

report, the Committees expect the Forest Service to prudently track 

unobligated and deobligated balances and to provide the Committees with prompt notification of such changes to avoid accumulating large balances within the Forest Legacy account. The Committees include a rescission of $12,002,000 in Forest Legacy funds. 

This funding rescission is from cost savings of some projects and 

funds returned from failed or partially failed projects. 

NATIONAL FOREST SYSTEM

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $1,513,318,000 for the National Forest 

System. The following directions are also provided: 

The agreement accepts the proposal to consolidate the Land 

Management Planning and Inventory and Monitoring accounts into 

a Land Management Planning, Assessment, and Monitoring account.
1131

Integrated Resource Restoration (IRR).—The agreement continues 

the IRR pilot in Regions 1, 3, and 4, as proposed by the Senate. 

The Service is directed to require standardized, integrated planning and budgeting for all of its programs, projects, and activities 

in order to improve priority-setting and cooperation, and to continue to improve its integrated performance measures. 

Rangeland Management.—The Service is directed, to the greatest 

extent practicable, to make vacant grazing allotments available to 

a holder of a grazing permit or lease when lands covered by the 

holder of the permit or lease are unusable because of drought or 

wildfire.

Forest Products.—The additional funds provided for forest products are directed to be used to build the timber program capacity 

by facilitating the necessary planning work and the hiring and 

training of timber management personnel to deliver increased volume levels. 

Forest Product Outputs.—The Service is directed to include information on the amount of firewood removed for personal use in its 

reports on the forest products program. 

Recreation, Heritage and Wilderness.—The agreement provides $264,595,000 for recreation, heritage and wilderness. Of the funds 

provided for recreation management, $750,000 shall be for the 

maintenance of rural airstrips. 

Minerals and Geology Management.—The Committees understand that the Service has obligated $5,500,000 in prior year balances to address the Service’s cleanup liabilities, pursuant to the 

Comprehensive Environmental Response, Compensation, and Liability Act of 1980, associated with historic uranium mining at the 

Ross-Adams Mine Site on Bokan Mountain. 

Bighorn and Domestic Sheep.—The Committees direct the Forest 

Service to continue the quantitative, science-based analyses of the 

risk of disease transmission between domestic and bighorn sheep 

required in the fiscal year 2016 explanatory statement. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

The agreement provides $364,014,000 for Capital Improvement 

and Maintenance programs offset by a $16,000,000 scoring credit 

related to the road and trail fund. 

LAND ACQUISITION

The agreement provides $54,415,000 for Land Acquisition. The 

amounts recommended by this bill compared with the budget estimates by activity and project are shown in the table below, listed 

in priority order pursuant to the budget request for fiscal year 

2017. The Committees have provided additional funding for the updated appraisal of projects, as requested, for the fiscal year 2017 

project list. The Service is expected to use the Critical Inholdings/ 

Wilderness account to acquire high priority lands, such as wilderness and lands of significant value in designated conservation 

units, to consolidate Federal ownership. Further instructions are 

contained under the Land and Water Conservation Fund heading 

in the front of this explanatory statement. 
1132

The Committees continue to encourage the Forest Service to explore all funding avenues to resolve the long-standing management 

challenges related to school trust lands within the Boundary 

Waters Canoe Area in Superior National Forest. 

State Project Forest Units Budget Request This Bill 

ID ................... High Divide .................... Sawtooth NRA ................ $2,800,000 $2,800,000 

ID ................... High Divide .................... Caribou-Targhee ............ 330,000 330,000 

WY .................. Greater Yellowstone Area Bridger-Teton ................. 2,850,000 2,850,000 

CA .................. Sierra Nevada Checkerboard.Eldorado/Tahoe .............. 1,200,000 1,200,000 

CA .................. National Trails ............... Pacific Crest NST .......... 4,905,000 4,905,000 

MN .................. Minnesota Northwoods .. Superior ......................... 3,500,000 3,500,000 

FL ................... FL/GA Longleaf Pine ...... Osceola .......................... 3,850,000 3,850,000 

MT .................. Swan Valley ................... Flathead ........................ 4,000,000 4,000,000 

IN ................... Hoosier Upland Treasures.Hoosier ........................... 1,600,000 1,600,000 

AK ................... Cube Cove ..................... Tongass ......................... 4,000,000 4,000,000 

VA ................... Southern Blue Ridge ..... George Washington and 

Jefferson.

2,280,000 2,280,000 

TN ................... Southern Blue Ridge ..... Cherokee ........................ 3,400,000 3,400,000 

NC .................. Southern Blue Ridge ..... Pisgah ........................... 1,850,000 1,850,000 

NC .................. North Carolina’s Threatened Treasures.Uwharrie ........................ 360,000 360,000 

SC .................. South Carolina Coastal 

Legacy.

Francis Marion .............. 1,600,000 1,600,000 

Additional Project Requests and Updated 

Appraisals.

........................................ 11,178,000 888,000 

Subtotal, Acquisitions ... ........................................ 49,703,000 39,413,000 

Acquisition Management ........................................ 8,500,000 7,552,000 

Cash Equalization ......... ........................................ 750,000 750,000 

Recreational Access ...... ........................................ 4,700,000 4,700,000 

Critical Inholdings/Wilderness......................................... 2,000,000 2,000,000 

Total, FS Land Acquisition......................................... 65,653,000 54,415,000 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

The agreement provides $950,000 for the Acquisition of Lands for 

National Forests Special Acts. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

The agreement provides $216,000 for the Acquisition of Lands to 

Complete Land Exchanges. 

RANGE BETTERMENT FUND

The agreement provides $2,320,000 for the Range Betterment 

Fund.

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

The agreement provides $45,000 for Gifts, Donations and Bequests for Forest and Rangeland Research. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

The agreement provides $2,500,000 for the Management of National Forest Lands for Subsistence Uses. 
1133

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides a total of $2,833,415,000 for Forest Service Wildland Fire Management. Of the funds provided, 

$1,248,000,000 is for suppression operations. The bill fully funds 

wildland fire suppression at the 10-year average.— The detailed allocation of funding for these accounts is included in the table at the 

end of this explanatory statement. 

Hazardous Fuels Management.—The agreement provides $390,000,000 for hazardous fuels management activities, which is 

$15,000,000 above the fiscal year 2016 enacted level. Within this 

amount, $15,000,000 is for biomass utilization grants. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

The agreement provides $342,000,000 for the FLAME Wildfire 

Suppression Reserve Fund, which is designated as emergency 

spending.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

The agreement provides $3,694,462,000 for Indian Health Services. In addition to the funding allocation table at the end of this 

explanatory statement, the agreement includes specified fixed costs 

and transfers, as well as the following instructions and program 

changes to fiscal year 2016 enacted levels. The Service is also reminded of the guidance and reporting requirements contained in 

House Report 114–632 and Senate Report 114–281 that should be 

complied with unless specifically addressed to the contrary herein, 

as explained in the front matter of this explanatory statement. 

Current Services.—The agreement includes $50,269,000 to par- tially maintain current levels of service, of which $13,164,000 is for 

pay costs and $37,105,000 is for inflation. Except as otherwise provided, the agreement includes an increase equal to 50 percent of 

pay and inflation costs requested in the fiscal year 2017 President’s 

Budget for each program to cover the balance of the fiscal year remaining.

Staffing for New Facilities.—The agreement includes $14,323,000 

for staffing newly opened health facilities, which is the full amount 

based upon updated estimates provided to the Committees. Funds 

for the staffing of new facilities are limited to facilities funded 

through the Health Care Facilities Construction Priority System or 

the Joint Venture Construction Program that have opened in fiscal 

year 2016 or will open in fiscal year 2017. None of these funds may 

be allocated to a facility until such facility has achieved beneficial 

occupancy status. 

Accreditation Emergencies.—The Committees consider the loss or 

potential loss of a Medicare or Medicaid agreement with the Centers for Medicare and Medicaid Services (CMS) at any facility to be 

an accreditation emergency. The agreement includes a total of 
1134

$29,000,000 for accreditation emergencies at an alarming number 

of facilities over the past year. Funds may be used for personnel 

or other expenses essential for sustaining operations of an affected 

service unit, including but not to exceed $4,000,000 for Purchased/ 

Referred Care. These are not intended to be recurring base funds. 

The Director should reallocate the funds annually as necessary to 

ensure that agreements with CMS are reinstated, and to restore 

third-party collection shortfalls. Shortfalls should be calculated as 

described in the House report. 

Hospitals and Health Clinics.—The agreement includes: 

$4,000,000 as requested for domestic violence prevention; a total of 

$11,000,000 for operations and maintenance of tribally leased clinics, of which $2,000,000 is transferred from Direct Operations; 

$1,000,000 for prescription drug monitoring as described in the 

House report; and $29,000,000 for accreditation emergencies as discussed above, of which $2,000,000 is transferred from Direct Operations, as requested. 

Dental Health.—The agreement includes $3,914,000 for current 

services and a transfer of $800,000 to Direct Operations in order 

to backfill vacant dental health positions in headquarters. The 

Service is urged to establish a centralized credentialing system. 

Mental Health.—The agreement includes $6,946,000 for behavioral health integration and $3,600,000 for the zero suicide initiative.

Alcohol and Substance Abuse.—The agreement includes: 

$6,500,000 for the Generation Indigenous initiative; $1,800,000 for 

the youth pilot project; and $2,000,000 to fund essential detoxification and related services provided by the Service’s public and private partners to IHS beneficiaries. 

The Committees are aware that the community of Gallup, N.M., 

continues to face significant demand for substance abuse treatment, residential services and detoxification services to address an 

ongoing crisis of alcohol-related deaths of Tribal members, and continues to depend on the non-profit Na’ Nizhoozhi Center to provide 

an important safety net to help prevent these deaths. Consistent 

with the guidance in Senate Report 114–281, the Committees expect the Service to use funds provided in this Act to continue its 

partnership with the Center and to work with the Center and other 

Federal, State, local, and Tribal partners to develop a sustainable 

model for the Center to enhance its clinical capacity. 

Purchased/Referred Care.—The agreement includes $14,691,000 

for current services. The agreement does not include the directive 

in the House report regarding the allocation of funds. 

Immunization.—The agreement includes $91,000 for current 

services.

Urban Indian Health.—The agreement includes $1,800,000 for 

current services and a $1,137,000 program increase. 

Indian Health Professions.—The agreement includes a $500,000 

program increase. The agreement does not include the House report language pertaining to the definition of health profession; instead the Service is urged to consider making health administrators a higher priority for loan repayments, in consultation with 

Tribes.
1135

Direct Operations.—The agreement includes $1,282,000 for current services, and transfers as discussed above. 

Governing Board.—The agreement does not include the House 

provision authorizing a pilot program for an alternate governing 

board model at direct service facilities. The accreditation crisis in 

the Great Plains and the subsequent House provision have highlighted the need for IHS facilities to be significantly more inclusive 

of Tribes in the decision-making process. The Committees are encouraged by the IHS’s own recent initiative to reform its governing 

boards, but reforms are limited under existing statutes. The Committees are aware that the authorizing committees of jurisdiction 

are examining this issue and support these efforts to improve the 

communication and collaboration between the IHS and Tribes at 

direct service facilities. 

CONTRACT SUPPORT COSTS

The bill provides an indefinite appropriation for contract support 

costs, consistent with fiscal year 2016 and estimated to be 

$800,000,000.

INDIAN HEALTH FACILITIES

The agreement provides $545,424,000 for Indian Health Facilities. In addition to the funding allocation table at the end of this 

explanatory statement, the agreement includes the following details and changes relative to fiscal year 2016 enacted levels: 

Current Services.—The agreement includes $9,274,000 to par- tially maintain current levels of service, of which $1,220,000 is for 

pay costs and $8,054,000 is for inflation. Except as otherwise provided, the agreement includes an increase equal to 50 percent of 

pay and inflation costs requested in the fiscal year 2017 President’s 

Budget for each program to cover the balance of the fiscal year remaining.

Staffing for New Facilities.—The agreement includes $1,659,000 

for staffing newly opened health facilities, which is the full amount 

based upon updated estimates provided to the Committees. The 

stipulations included in the ‘‘Indian Health Services’’ account regarding the allocation of funds pertain to this account as well. 

Maintenance and Improvement.—The agreement fully funds in- flation costs and provides a program increase of $259,000 to reduce 

the maintenance backlog. 

Sanitation Facilities.—The agreement fully funds inflation costs. 

Health Care Facilities Construction.—The agreement includes $6,000,000 for quarters and $5,000,000 for small ambulatory facilities. The committees encourage the Service to give strong consideration to utilizing the new resources provided for the small ambulatory clinic program to assist with infrastructure improvements at 

remote sites such as Gambell and Savoonga on St. Lawrence Island, Alaska. 

The Committees remain dedicated to providing access to health 

care for IHS patients across the system. The IHS is expected to aggressively work down the current Health Facilities Construction 

Priority System list, as well as work with the Department and 

Tribes to examine alternative financing arrangements and meritorious regional demonstration projects authorized under the In-
1136

dian Health Care Improvement Act that that would effectively 

close the service gap. Within 60 days of enactment of this Act, the 

Service shall submit a spending plan to the Committees that details the project-level distribution of funds provided for healthcare 

facilities construction. 

The IHS has no defined benefit package and is not designed to 

be comparable to the private sector health care system. IHS does 

not provide the same health services in each area. Health services 

provided to a community depend upon the facilities and services 

available in the local area, the facilities’ financial and personnel resources (42 CFR 136.11 (c)), and the needs of the service population. In order to determine whether IHS patients across the system have comparable access to healthcare, the IHS is directed to 

conduct and publish a gap analysis of the locations and capacities 

of patient health facilities relative to the IHS user population. The 

analysis should include: facilities within the IHS system, including 

facilities on the Health Facilities Construction Priority System list 

and the Joint Venture Construction Program list; and where possible facilities within private or other Federal health systems for 

which arrangements with IHS exist, or should exist, to see IHS patients.

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

The agreement provides $77,349,000 for the National Institute of 

Environmental Health Sciences. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

The agreement provides $74,691,000 for the Agency for Toxic 

Substances and Disease Registry. 

OTHER RELATED AGENCIES

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

The agreement provides $3,000,000 for the Council on Environmental Quality and Office of Environmental Quality. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

The agreement provides $11,000,000 for the Chemical Safety and 

Hazard Investigation Board and includes the direction in the 

House report that funding has not been provided for organizing an 

annual symposium. The Board is directed to develop internal guidance over its annual budget process and provide it to the Committees within 90 days of enactment of this Act. Additionally, the 

Board is directed to provide a report and briefing to the Committees dealing with the scope of and justification for a study on land 

use and facility siting prior to expending any funds on the study. 
1137

The Committees remind the Board they are to avoid any communication with outside groups that would jeopardize their impartiality.— The Committees continue to closely monitor Inspector 

General reports on Board activities and expect expeditious implementation of any recommendations on internal controls, governance, operations, and management challenges. The Board should 

focus on its statutory jurisdiction and refrain from conducting official business over personal email. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The agreement provides $15,431,000 for the Office of Navajo and 

Hopi Indian Relocation, as requested. The Committees have directed the Office to begin to communicate with Congress, the affected Tribes, and the Department of the Interior about what will 

be required to ensure relocation benefits and necessary support 

services are provided in accordance with the specifications in Public 

Law 93–531 and to initiate closure of the Office. The Committees 

request continuation of the quarterly reports and a comprehensive 

plan for closing the Office, as outlined in the House report. The 

comprehensive plan is to be submitted with the fiscal year 2018 

budget request. Legal analysis on whether any enacting legislation 

is required to transfer or maintain any identified functions to another agency or organization should also be included. The Office 

should be transparent about the path forward and should actively 

consult with all affected parties and agencies. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE

AND ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

The bill provides $15,212,000 for the Institute of American Indian Arts. The increase provided shall be used to complete the Institute’s transition to forward funding during fiscal year 2017. 

Amounts provided for fiscal year 2017 shall be supplemented by 

$2,000,000 in prior-year carryover funds, for a total operating level 

of $9,835,000. Requested increases for fixed costs and academic 

program requirements are included within the agreement. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

The agreement provides a total of $863,347,000 for all Smithsonian Institution accounts, of which $729,444,000 is provided for 

salaries and expenses. The Committees maintain their longstanding commitment to the preservation of priceless, irreplaceable 

Smithsonian collections and have provided funds as requested for 

collections care and preservation. The recommendation provides 

sufficient funds for staffing and maintenance needs at the National 

Museum of African American History and Culture in 2017. The 

Committees have provided funds, as requested, to address security 
1138

needs at the Smithsonian’s highest risk facilities. The Committees 

provide funds as requested for the Institution’s Latino initiatives 

and support the Smithsonian Latino Center’s goal of promoting the 

inclusion of Latino contributions in Smithsonian Institution programs, exhibitions, collections, and public outreach. The Committees continue to urge collaboration between the Smithsonian Latino 

Center and appropriate Federal and local organizations in order to 

advance these goals and expand the American Latino presence at 

the Institution. Further, the Committees provide funds as requested for the Institution’s Asian Pacific American initiatives and 

continue to support the Institution’s efforts of developing programs 

and expanding outreach to promote a better understanding of the 

Asian Pacific American experience. The Committees also include 

funds as requested for the preservation of cultural heritage affected 

by natural and manmade disasters in the United States and 

around the world. The recommendation supplements funding from 

other government partners and leverages support for cultural recovery efforts from numerous private sources. 

FACILITIES CAPITAL

The agreement provides $133,903,000 for the Facilities Capital 

account. The recommendation includes funding for the construction 

of the Dulles Storage Module at the National Air and Space Museum’s Udvar-Hazy Center. 

National Air and Space Museum Revitalization. The Committees 

recognize the critical need to replace the fa ̧ cade and the internal 

building systems of the National Air and Space Museum on the 

National Mall. However, the Committees are also deeply concerned 

that the multi-year cost estimates for the revitalization project in 

future fiscal years are approaching $700 million, an amount nearly 

five times the size of the Institution’s entire annual construction 

budget. Given the scale of the project and its potential impact on 

other critical funding priorities in this Act, it is imperative that the 

Institution make available to the Committees on a timely basis the 

most updated and comprehensive information on project requirements. It is essential that the Committees have sufficient, reliable 

information about specific funding requirements and any additional 

costs that may arise in future fiscal years. Therefore, no later than 

90 days after enactment of this Act, the Institution is directed to 

provide a report to the Committees that outlines the expected 

scope, scheduling, phasing, and overall projected costs for the 

project. The Government Accountability Office is also directed to 

review and analyze the Institution’s cost estimates and report to 

the Committees on whether these estimates are comprehensive, accurate, and credible. 

The Institution is directed to submit to the House and Senate 

Committees on Appropriations, within 60 days of enactment of this 

Act, a detailed list and description of projects funded within the 

Facilities Capital account. 
1139

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

The agreement provides $132,961,000 for the Salaries and Expenses account of the National Gallery of Art, of which not to exceed $3,620,000 is for the special exhibition program. 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

The agreement provides $22,564,000 for the Repair, Restoration, 

and Renovation of Buildings account, which will allow critical fire 

protection and life safety improvements to continue. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

The agreement provides $22,260,000 for the Operations and 

Maintenance account. 

CAPITAL REPAIR AND RESTORATION

The agreement provides $14,140,000 for the Capital Repair and 

Restoration account. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

The agreement provides $10,500,000 for the Woodrow Wilson 

International Center for Scholars. 

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

The agreement provides $149,849,000 for the National Endowment for the Arts (NEA). The Committees commend the NEA for 

its work through its Healing Arts Partnership program with Walter 

Reed National Military Medical Center, Fort Belvoir Community 

Hospital, and the new clinical sites included in the initiative to incorporate arts therapy into the treatment of active-duty military 

patients and their families. The Committees continue to support 

the expansion of this successful program to assist service members 

and their families in their recovery, reintegration, and transition to 

civilian life. The Committees also urge State arts agencies, which 

have a longstanding collaborative relationship with the NEA, to explore providing arts therapy programs to service members and 

their families at the local level. The Committees direct that priority 

be given to providing services and grant funding for projects, productions, or programs that encourage public knowledge, education, 

understanding, and appreciation of the arts. The Committees maintain support for the 40 percent allocation for State arts agencies as 

proposed in the NEA’s budget. Any reduction in support to the 

States for arts education should be no more than proportional to 

other funding decreases taken in other NEA programs. 
1140

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

The agreement provides $149,848,000 for the National Endowment for the Humanities (NEH). The Committees commend the 

NEH for its support of grant programs to benefit wounded warriors 

and to ensure educational opportunities for American heroes 

transitioning to civilian life. The Committees commend the NEH 

for its ongoing support to American Indian and Alaska Native communities in preserving their cultural and linguistic heritage 

through the Documenting Endangered Languages program and a 

variety of preservation and access grants that enable American Indian and Alaska Native communities to preserve cultural artifacts 

and make them broadly accessible. The Committees also commend 

the NEH Federal/State partnership for its ongoing, successful collaboration with State humanities councils in each of the 50 States 

as well as Washington, DC, the Commonwealth of Puerto Rico, the 

U.S. Virgin Islands, Guam, the Commonwealth of the Northern 

Mariana Islands, and American Samoa. The Committees urge the 

NEH to provide program funding to support the critical work of 

State humanities councils consistent with guidance provided in the 

Consolidated Appropriations Act, 2016 (P.L. 114–113). 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

The agreement provides $2,762,000 for the Commission of Fine 

Arts.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

The agreement provides $2,000,000 for the National Capital Arts 

and Cultural Affairs program. Grant funds provided should be distributed consistent with the established formula and eligibility requirements used in fiscal year 2016. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

The agreement provides $6,493,000 for the Advisory Council on 

Historic Preservation. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

The agreement provides $8,099,000 for the National Capital 

Planning Commission. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

The agreement provides $57,000,000 for the United States Holocaust Memorial Museum. 
1141

DWIGHT D. EISENHOWER MEMORIAL COMMISSION

SALARIES AND EXPENSES

The agreement provides $1,600,000 for the Salaries and Expenses account. The Committees support the construction of a permanent memorial to Dwight D. Eisenhower and are pleased that 

concerns over the memorial’s design have now been addressed. It 

is the Committees’ expectation that, following necessary approvals 

from the Commission of Fine Arts and the National Capital Planning Commission, the Commission will use prior-year unobligated 

construction funds to begin site preparation in anticipation of memorial construction commencing in 2017. The agreement includes 

in Section 419 of Title IV General Provisions bill language extending the memorial’s site authority. 

CAPITAL CONSTRUCTION

The agreement provides $45,000,000 for the Capital Construction 

account.

WOMEN’S SUFFRAGE CENTENNIAL COMMISSION

The agreement includes $2,000,000 to establish the Women’s Suffrage Centennial Commission as authorized in this Act. The Commission shall plan, execute, and coordinate programs and activities 

in honor of the 100th anniversary of the passage and ratification 

of the Nineteenth Amendment to the U.S. Constitution, which 

guaranteed women the right to vote. 

TITLE IV—GENERAL PROVISIONS 

(INCLUDING TRANSFERS OF FUNDS)

The agreement includes various legislative provisions in Title IV 

of the bill. The provisions are: 

Section 401 continues a provision providing that appropriations 

available in the bill shall not be used to produce literature or otherwise promote public support of a legislative proposal on which legislative action is not complete. 

Section 402 continues a provision providing for annual appropriations unless expressly provided otherwise in this Act. 

Section 403 continues a provision providing restrictions on departmental assessments unless approved by the Committees on Appropriations.

Section 404 continues a limitation on accepting and processing 

applications for patents and on the patenting of Federal lands. 

Section 405 continues a provision regarding the payment of contract support costs. 

Section 406 addresses the payment of contract support costs for 

fiscal year 2017. 

Section 407 continues a provision providing that the Secretary of 

Agriculture shall not be considered in violation of certain provisions of the Forest and Rangeland Renewable Resources Planning 

Act solely because more than 15 years have passed without revision of a forest plan, provided that the Secretary is working in good 

faith to complete the plan revision. 
1142

Section 408 continues a provision limiting preleasing, leasing, 

and related activities within the boundaries of National Monuments.

Section 409 restricts funding appropriated for acquisition of land 

or interests in land from being used for declarations of taking or 

complaints in condemnation. 

Section 410 continues a provision addressing timber sales involving Alaska western red and yellow cedar. 

Section 411 continues a provision which prohibits no-bid contracts.

Section 412 continues a provision which requires public disclosure of certain reports. 

Section 413 continues a provision which delineates the grant 

guidelines for the National Endowment for the Arts. 

Section 414 continues a provision which delineates the program 

priorities for the programs managed by the National Endowment 

for the Arts. 

Section 415 requires the Department of the Interior, Environmental Protection Agency, Forest Service and Indian Health Service to provide the Committees on Appropriations quarterly reports 

on the status of balances of appropriations. 

Section 416 requires the President to submit a report to the 

Committees on Appropriations no later than 120 days after submission of the fiscal year 2018 budget request describing Federal agency obligations and expenditures for climate change programs in fiscal years 2016 and 2017. 

Section 417 continues a provision prohibiting the use of funds to 

promulgate or implement any regulation requiring the issuance of 

permits under Title V of the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions. 

Section 418 continues a provision prohibiting the use of funds to 

implement any provision in a rule if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. 

Section 419 extends the site authority relating to the Dwight D. 

Eisenhower Memorial Commission. 

Section 420 continues a provision prohibiting the use of funds to 

regulate the lead content of ammunition or fishing tackle. 

Section 421 extends certain authorities through fiscal year 2017 

allowing the Forest Service to renew grazing permits. 

Section 422 clarifies the Bureau of Land Management’s stewardship contracting authority. 

Section 423 prohibits the use of funds to maintain or establish 

a computer network unless such network is designed to block access to pornography websites. 

Section 424 addresses section 404 of the Federal Water Pollution 

Control Act. 

Section 425 sets requirements for the use of American iron and 

steel for certain loans and grants. 

Section 426 revises the definition of the National Gallery of Art’s 

buildings and grounds commensurate with the Gallery’s geographic 

boundaries.
1143

Section 427 prohibits the use of funds to destroy any building or 

structures on Midway Island that have been recommended by the 

U.S. Navy for inclusion in the National Register of Historic Places. 

Section 428 addresses carbon emissions from forest biomass. 

Section 429 reauthorizes funding for one year for the John F. 

Kennedy Center for the Performing Arts. 

Section 430 addresses a boundary adjustment to the Bob Marshall Wilderness. 

Section 431 incorporates by reference the Morley Nelson Snake 

River Birds of Prey National Conservation Area Boundary Modification Act of 2017; the Alaska Mental Health Trust Land Exchange Act of 2017; and the Women’s Suffrage Centennial Commission Act. 
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(1201)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION H—DEPARTMENTS OF LABOR, 

HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 

(1203)

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2017 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ‘‘WIOA’’), the Second Chance 

Act of 2007, and the National Apprenticeship Act, $3,338,699,000, 

plus reimbursements, shall be available. Of the amounts provided: 

(1) for grants to States for adult employment and training 

activities, youth activities, and dislocated worker employment 

and training activities, $2,709,832,000 as follows: (A) $815,556,000 for adult employment and training ac- tivities, of which $103,556,000 shall be available for the 

period July 1, 2017 through June 30, 2018, and of which 

$712,000,000 shall be available for the period October 1, 

2017 through June 30, 2018; (B) $873,416,000 for youth activities, which shall be 

available for the period April 1, 2017 through June 30, 

2018; and 

(C) $1,020,860,000 for dislocated worker employment 

and training activities, of which $160,860,000 shall be 

available for the period July 1, 2017 through June 30, 

2018, and of which $860,000,000 shall be available for the 

period October 1, 2017 through June 30, 2018: 

Provided, That pursuant to section 128(a)(1) of the WIOA, the 

amount available to the Governor for statewide workforce investment activities shall not exceed 15 percent of the amount 

allotted to the State from each of the appropriations under the 

preceding subparagraphs: Provided further, That the funds 

available for allotment to outlying areas to carry out subtitle 

B of title I of the WIOA shall not be subject to the requirements of section 127(b)(1)(B)(ii) of such Act; and 

(2) for national programs, $628,867,000 as follows: (A) $220,859,000 for the dislocated workers assistance 

national reserve, of which $20,859,000 shall be available 

for the period July 1, 2017 through September 30, 2018, 

and of which $200,000,000 shall be available for the period 

October 1, 2017 through September 30, 2018: Provided, That funds provided to carry out section 132(a)(2)(A) of the 

WIOA may be used to provide assistance to a State for 

statewide or local use in order to address cases where 
1204

there have been worker dislocations across multiple sectors or across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan with emerging economic development needs; 

and train such eligible dislocated workers: Provided further, That funds provided to carry out sections 168(b) and 

169(c) of the WIOA may be used for technical assistance 

and demonstration projects, respectively, that provide assistance to new entrants in the workforce and incumbent 

workers: Provided further, That notwithstanding section 

168(b) of the WIOA, of the funds provided under this subparagraph, the Secretary of Labor (referred to in this title 

as ‘‘Secretary’’) may reserve not more than 10 percent of 

such funds to provide technical assistance and carry out 

additional activities related to the transition to the WIOA: 

Provided further, That, of the funds provided under this 

subparagraph, $20,000,000 shall be made available for applications submitted in accordance with section 170 of the 

WIOA for training and employment assistance for workers 

dislocated from coal mines and coal-fired power plants; 

(B) $50,000,000 for Native American programs under 

section 166 of the WIOA, which shall be available for the 

period July 1, 2017 through June 30, 2018; 

(C) $81,896,000 for migrant and seasonal farmworker 

programs under section 167 of the WIOA, including 

$75,885,000 for formula grants (of which not less than 70 

percent shall be for employment and training services), 

$5,517,000 for migrant and seasonal housing (of which not 

less than 70 percent shall be for permanent housing), and 

$494,000 for other discretionary purposes, which shall be 

available for the period July 1, 2017 through June 30, 

2018: Provided, That notwithstanding any other provision 

of law or related regulation, the Department of Labor shall 

take no action limiting the number or proportion of eligible 

participants receiving related assistance services or discouraging grantees from providing such services; 

(D) $84,534,000 for YouthBuild activities as described in 

section 171 of the WIOA, which shall be available for the 

period April 1, 2017 through June 30, 2018; 

(E) $2,500,000 for technical assistance activities under 

section 168 of the WIOA, which shall be available for the 

period July 1, 2017 through June 30, 2018; 

(F) $88,078,000 for ex-offender activities, under the authority of section 169 of the WIOA and section 212 of the 

Second Chance Act of 2007, which shall be available for 

the period April 1, 2017 through June 30, 2018: Provided,

That of this amount, $25,000,000 shall be for competitive 

grants to national and regional intermediaries for activities that prepare young ex-offenders and school dropouts 

for employment, with a priority for projects serving highcrime, high-poverty areas; 

(G) $6,000,000 for the Workforce Data Quality Initiative, 

under the authority of section 169 of the WIOA, which 
1205

shall be available for the period July 1, 2017 through June 

30, 2018; and 

(H) $95,000,000 to expand opportunities relating to apprenticeship programs registered under the National Apprenticeship Act, to be available to the Secretary to carry 

out activities through grants, cooperative agreements, contracts and other arrangements, with States and other appropriate entities, which shall be available for the period 

April 1, 2017 through June 30, 2018. 

JOB CORPS

(INCLUDING TRANSFER OF FUNDS)

To carry out subtitle C of title I of the WIOA, including Federal 

administrative expenses, the purchase and hire of passenger motor 

vehicles, the construction, alteration, and repairs of buildings and 

other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,704,155,000, plus reimbursements, as follows: 

(1) $1,587,325,000 for Job Corps Operations, which shall be 

available for the period July 1, 2017 through June 30, 2018; 

(2) $84,500,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2017 through June 30, 2020, and which may include the acquisition, maintenance, and repair of major items 

of equipment: Provided, That the Secretary may transfer up to 

15 percent of such funds to meet the operational needs of such 

centers or to achieve administrative efficiencies: Provided further, That any funds transferred pursuant to the preceding 

proviso shall not be available for obligation after June 30, 

2018: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and (3) $32,330,000 for necessary expenses of Job Corps, which 

shall be available for obligation for the period October 1, 2016 

through September 30, 2017: 

Provided, That no funds from any other appropriation shall be used 

to provide meal services at or for Job Corps centers. 

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965 (referred 

to in this Act as ‘‘OAA’’), $400,000,000, which shall be available for 

the period April 1, 2017 through June 30, 2018, and may be recaptured and reobligated in accordance with section 517(c) of the OAA. 

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2017 of trade adjustment benefit 

payments and allowances under part I of subchapter B of chapter 

2 of title II of the Trade Act of 1974, and section 246 of that Act; 

and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title 

II of the Trade Act of 1974, and including benefit payments, allow-
1206

ances, training, employment and case management services, and 

related State administration provided pursuant to section 231(a) of 

the Trade Adjustment Assistance Extension Act of 2011 and section 

405(a) of the Trade Preferences Extension Act of 2015, 

$849,000,000 together with such amounts as may be necessary to 

be charged to the subsequent appropriation for payments for any 

period subsequent to September 15, 2017: Provided, That notwithstanding section 502 of this Act, any part of the appropriation provided under this heading may remain available for obligation beyond the current fiscal year pursuant to the authorities of section 

245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $89,066,000, together with not to exceed $3,434,625,000 which may be expended from the 

Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which: 

(1) $2,687,600,000 from the Trust Fund is for grants to 

States for the administration of State unemployment insurance 

laws as authorized under title III of the Social Security Act (including not less than $115,000,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews, and to provide reemployment 

services and referrals to training as appropriate, for claimants 

of unemployment insurance for ex-service members under 5 

U.S.C. 8521 et. seq. and for claimants of regular unemployment compensation, including those who are profiled as most 

likely to exhaust their benefits in each State, and $5,500,000 

for continued support of the Unemployment Insurance Integrity Center of Excellence), the administration of unemployment 

insurance for Federal employees and for ex-service members as 

authorized under 5 U.S.C. 8501–8523, and the administration 

of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance 

under the Trade Act of 1974 and under section 231(a) of the 

Trade Adjustment Assistance Extension Act of 2011 and section 405(a) of the Trade Preferences Extension Act of 2015, and 

shall be available for obligation by the States through December 31, 2017, except that funds used for automation shall be 

available for Federal obligation through December 31, 2017, 

and for State obligation through September 30, 2019, or, if the 

automation is being carried out through consortia of States, for 

State obligation through September 30, 2022, and for expenditure through September 30, 2023, and funds for competitive 

grants awarded to States for improved operations and to conduct in-person reemployment and eligibility assessments and 

unemployment insurance improper payment reviews and provide reemployment services and referrals to training, as appropriate, shall be available for Federal obligation through December 31, 2017, and for obligation by the States through September 30, 2019, and funds for the Unemployment Insurance 

Integrity Center of Excellence shall be available for obligation 

by the State through September 30, 2018, and funds used for 
1207

unemployment insurance workloads experienced by the States 

through September 30, 2017 shall be available for Federal obligation through December 31, 2017; (2) $14,897,000 from the Trust Fund is for national activities 

necessary to support the administration of the Federal-State 

unemployment insurance system; (3) $650,000,000 from the Trust Fund, together with $21,413,000 from the General Fund of the Treasury, is for 

grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for the 

period July 1, 2017 through June 30, 2018; (4) $19,818,000 from the Trust Fund is for national activities 

of the Employment Service, including administration of the 

work opportunity tax credit under section 51 of the Internal 

Revenue Code of 1986, and the provision of technical assistance and staff training under the Wagner-Peyser Act; (5) $62,310,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under 

the Immigration and Nationality Act and related laws, of 

which $48,028,000 shall be available for the Federal administration of such activities, and $14,282,000 shall be available for 

grants to States for the administration of such activities; and (6) $67,653,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and shall be available for Federal obligation for the period July 1, 2017 through 

June 30, 2018: 

Provided, That to the extent that the Average Weekly Insured Unemployment (‘‘AWIU’’) for fiscal year 2017 is projected by the Department of Labor to exceed 2,453,000, an additional $28,600,000 

from the Trust Fund shall be available for obligation for every 

100,000 increase in the AWIU level (including a pro rata amount 

for any increment less than 100,000) to carry out title III of the Social Security Act: Provided further, That funds appropriated in this 

Act that are allotted to a State to carry out activities under title 

III of the Social Security Act may be used by such State to assist 

other States in carrying out activities under such title III if the 

other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That the Secretary may use funds appropriated for grants to States under title 

III of the Social Security Act to make payments on behalf of States 

for the use of the National Directory of New Hires under section 

453(j)(8) of such Act: Provided further, That the Secretary may use 

funds appropriated for grants to States under title III of the Social 

Security Act to make payments on behalf of States to the entity operating the State Information Data Exchange System: Provided

further, That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used 

to support the national activities of the Federal-State unemployment insurance, employment service, or immigration programs, 

may be obligated in contracts, grants, or agreements with States 

and non-State entities: Provided further, That States awarded competitive grants for improved operations under title III of the Social 
1208

Security Act, or awarded grants to support the national activities 

of the Federal-State unemployment insurance system, may award 

subgrants to other States and non-State entities under such grants, 

subject to the conditions applicable to the grants: Provided further,

That funds appropriated under this Act for activities authorized 

under title III of the Social Security Act and the Wagner-Peyser 

Act may be used by States to fund integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed under the final rule 

entitled ‘‘Uniform Administrative Requirements, Cost Principles, 

and Audit Requirements for Federal Awards’’ at part 200 of title 

2, Code of Federal Regulations: Provided further, That the Secretary, at the request of a State participating in a consortium with 

other States, may reallot funds allotted to such State under title 

III of the Social Security Act to other States participating in the 

consortium in order to carry out activities that benefit the administration of the unemployment compensation law of the State making 

the request: Provided further, That the Secretary may collect fees 

for the costs associated with additional data collection, analyses, 

and reporting services relating to the National Agricultural Workers Survey requested by State and local governments, public and 

private institutions of higher education, and nonprofit organizations and may utilize such sums, in accordance with the provisions 

of 29 U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet the information collection and reporting needs of such entities, which shall be credited 

to this appropriation and shall remain available until September 

30, 2018, for such purposes. 

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, and 

to the Black Lung Disability Trust Fund as authorized by section 

9501(c)(1) of the Internal Revenue Code of 1986; and for nonrepayable advances to the revolving fund established by section 901(e) 

of the Social Security Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment Benefits and Allowances’’ account, such sums as may be necessary, 

which shall be available for obligation through September 30, 2018. 

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $108,674,000, together with not to exceed $49,982,000 

which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security Administration, $181,000,000. 
1209

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is authorized to make such expenditures, including financial assistance 

authorized by subtitle E of title IV of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and 

to make such contracts and commitments without regard to fiscal 

year limitations, as provided by 31 U.S.C. 9104, as may be necessary in carrying out the program, including associated administrative expenses, through September 30, 2017, for the Corporation: 

Provided, That none of the funds available to the Corporation for 

fiscal year 2017 shall be available for obligations for administrative 

expenses in excess of $421,006,000: Provided further, That an 

amount not to exceed an additional $98,500,000 shall be available 

through September 30, 2021, for costs associated with the acquisition, occupancy, and related costs of headquarters space: Provided

further, That to the extent that the number of new plan participants in plans terminated by the Corporation exceeds 100,000 in 

fiscal year 2017, an amount not to exceed an additional $9,200,000 

shall be available through September 30, 2018, for obligation for 

administrative expenses for every 20,000 additional terminated 

participants: Provided further, That obligations in excess of the 

amounts provided in this paragraph may be incurred for unforeseen and extraordinary pretermination expenses or extraordinary 

multiemployer program related expenses after approval by the Office of Management and Budget and notification of the Committees 

on Appropriations of the House of Representatives and the Senate. 

WAGE AND HOUR DIVISION

SALARIES AND EXPENSES

For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their 

employees for inspection services rendered, $227,500,000. 

OFFICE OF LABOR-MANAGEMENT STANDARDS

SALARIES AND EXPENSES

For necessary expenses for the Office of Labor-Management 

Standards, $38,187,000. 

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

SALARIES AND EXPENSES

For necessary expenses for the Office of Federal Contract Compliance Programs, $104,476,000. 
1210

OFFICE OF WORKERS’ COMPENSATION PROGRAMS

SALARIES AND EXPENSES

For necessary expenses for the Office of Workers’ Compensation 

Programs, $115,424,000, together with $2,177,000 which may be 

expended from the Special Fund in accordance with sections 39(c), 

44(d), and 44(j) of the Longshore and Harbor Workers’ Compensation Act. 

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses (except 

administrative expenses) accruing during the current or any prior 

fiscal year authorized by 5 U.S.C. 81; continuation of benefits as 

provided for under the heading ‘‘Civilian War Benefits’’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; section 5(f) of the 

War Claims Act (50 U.S.C. App. 2004); obligations incurred under 

the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 

50 percent of the additional compensation and benefits required by 

section 10(h) of the Longshore and Harbor Workers’ Compensation 

Act, $220,000,000, together with such amounts as may be necessary to be charged to the subsequent year appropriation for the 

payment of compensation and other benefits for any period subsequent to August 15 of the current year, for deposit into and to assume the attributes of the Employees’ Compensation Fund established under 5 U.S.C. 8147(a): Provided, That amounts appropriated may be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, who is not the employer at the time of injury, 

for portions of the salary of a re-employed, disabled beneficiary: 

Provided further, That balances of reimbursements unobligated on 

September 30, 2016, shall remain available until expended for the 

payment of compensation, benefits, and expenses: Provided further,

That in addition there shall be transferred to this appropriation 

from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its 

fair share of the cost of administration, such sums as the Secretary 

determines to be the cost of administration for employees of such 

fair share entities through September 30, 2017: Provided further,

That of those funds transferred to this account from the fair share 

entities to pay the cost of administration of the Federal Employees’ 

Compensation Act, $66,675,000 shall be made available to the Secretary as follows: 

(1) For enhancement and maintenance of automated data 

processing systems operations and telecommunications systems, $22,740,000; 

(2) For automated workload processing operations, including 

document imaging, centralized mail intake, and medical bill 

processing, $22,968,000; 

(3) For periodic roll disability management and medical review, $16,866,000; 

(4) For program integrity, $4,101,000; and 
1211

(5) The remaining funds shall be paid into the Treasury as 

miscellaneous receipts: 

Provided further, That the Secretary may require that any person 

filing a notice of injury or a claim for benefits under 5 U.S.C. 81, 

or the Longshore and Harbor Workers’ Compensation Act, provide 

as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may 

prescribe.

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health 

Act of 1977, as amended by Public Law 107–275, $61,319,000, to 

remain available until expended. 

For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred 

in the current fiscal year, such amounts as may be necessary. 

For making benefit payments under title IV for the first quarter 

of fiscal year 2018, $16,000,000, to remain available until expended.

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $59,846,000, to remain available until expended: Provided, That the Secretary may 

require that any person filing a claim for benefits under the Act 

provide as part of such claim such identifying information (including Social Security account number) as may be prescribed. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

Such sums as may be necessary from the Black Lung Disability 

Trust Fund (the ‘‘Fund’’), to remain available until expended, for 

payment of all benefits authorized by section 9501(d)(1), (2), (6), 

and (7) of the Internal Revenue Code of 1986; and repayment of, 

and payment of interest on advances, as authorized by section 

9501(d)(4) of that Act. In addition, the following amounts may be 

expended from the Fund for fiscal year 2017 for expenses of operation and administration of the Black Lung Benefits program, as 

authorized by section 9501(d)(5): not to exceed $38,246,000 for 

transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries and Expenses’’; not to exceed $31,994,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed 

$330,000 for transfer to Departmental Management, ‘‘Office of Inspector General’’; and not to exceed $356,000 for payments into 

miscellaneous receipts for the expenses of the Department of the 

Treasury.
1212

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health 

Administration, $552,787,000, including not to exceed $100,850,000 

which shall be the maximum amount available for grants to States 

under section 23(g) of the Occupational Safety and Health Act (the 

‘‘Act’’), which grants shall be no less than 50 percent of the costs 

of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of 

the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administration may retain up to 

$499,000 per fiscal year of training institute course tuition and 

fees, otherwise authorized by law to be collected, and may utilize 

such sums for occupational safety and health training and education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30, 

2017, to collect and retain fees for services provided to Nationally 

Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the 

workplace: Provided further, That none of the funds appropriated 

under this paragraph shall be obligated or expended to prescribe, 

issue, administer, or enforce any standard, rule, regulation, or 

order under the Act which is applicable to any person who is engaged in a farming operation which does not maintain a temporary 

labor camp and employs 10 or fewer employees: Provided further,

That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 

or fewer employees who is included within a category having a 

Days Away, Restricted, or Transferred (‘‘DART’’) occupational injury and illness rate, at the most precise industrial classification 

code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance 

with section 24 of the Act, except— 

(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; 

(2) to conduct an inspection or investigation in response to 

an employee complaint, to issue a citation for violations found 

during such inspection, and to assess a penalty for violations 

which are not corrected within a reasonable abatement period 

and for any willful violations found; 

(3) to take any action authorized by the Act with respect to 

imminent dangers; 

(4) to take any action authorized by the Act with respect to 

health hazards; 

(5) to take any action authorized by the Act with respect to 

a report of an employment accident which is fatal to one or 

more employees or which results in hospitalization of two or 
1213

more employees, and to take any action pursuant to such investigation authorized by the Act; and 

(6) to take any action authorized by the Act with respect to 

complaints of discrimination against employees for exercising 

rights under the Act: 

Provided further, That the foregoing proviso shall not apply to any 

person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: 

Provided further, That $10,537,000 shall be available for Susan 

Harwood training grants: Provided further, That not less than 

$3,500,000 shall be for Voluntary Protection Programs. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health Adminis- tration, $373,816,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid 

work, and the hire of passenger motor vehicles, including up to 

$2,000,000 for mine rescue and recovery activities and not less 

than $10,537,000 for State assistance grants: Provided, That 

amounts available for State assistance grants may be used for the 

purchase and maintenance of new equipment required by the final 

rule entitled ‘‘Lowering Miners’ Exposure to Respirable Coal Mine 

Dust, Including Continuous Personal Dust Monitors’’ published by 

the Department of Labor in the Federal Register on May 1, 2014 

(79 Fed. Reg. 24813 et seq.), for operators that demonstrate financial need as determined by the Secretary: Provided further, That 

notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be 

collected by the National Mine Health and Safety Academy for 

room, board, tuition, and the sale of training materials, otherwise 

authorized by law to be collected, to be available for mine safety 

and health education and training activities: Provided further, That 

notwithstanding 31 U.S.C. 3302, the Mine Safety and Health Administration is authorized to collect and retain up to $2,499,000 

from fees collected for the approval and certification of equipment, 

materials, and explosives for use in mines, and may utilize such 

sums for such activities: Provided further, That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in 

cooperation with other agencies, Federal, State, or private: Provided further, That the Mine Safety and Health Administration is 

authorized to promote health and safety education and training in 

the mining community through cooperative programs with States, 

industry, and safety associations: Provided further, That the Secretary is authorized to recognize the Joseph A. Holmes Safety Association as a principal safety association and, notwithstanding any 

other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and 

Health Administration officials as officers in local chapters or in 

the national organization: Provided further, That any funds available to the Department of Labor may be used, with the approval 

of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster. 
1214

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local 

agencies and their employees for services rendered, $544,000,000, 

together with not to exceed $65,000,000 which may be expended 

from the Employment Security Administration account in the Unemployment Trust Fund. 

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment 

Policy to provide leadership, develop policy and initiatives, and 

award grants furthering the objective of eliminating barriers to the 

training and employment of people with disabilities, $38,203,000. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Departmental Management, including 

the hire of three passenger motor vehicles, $334,536,000, together 

with not to exceed $308,000, which may be expended from the Employment Security Administration account in the Unemployment 

Trust Fund: Provided, That $59,825,000 for the Bureau of International Labor Affairs shall be available for obligation through December 31, 2017: Provided further, That funds available to the Bureau of International Labor Affairs may be used to administer or 

operate international labor activities, bilateral and multilateral 

technical assistance, and microfinance programs, by or through 

contracts, grants, subgrants and other arrangements: Provided further, That not more than $53,825,000 shall be for programs to combat exploitative child labor internationally and not less than 

$6,000,000 shall be used to implement model programs that address worker rights issues through technical assistance in countries 

with which the United States has free trade agreements or trade 

preference programs: Provided further, That $8,040,000 shall be 

used for program evaluation and shall be available for obligation 

through September 30, 2018: Provided further, That funds available for program evaluation may be used to administer grants for 

the purpose of evaluation: Provided further, That grants made for 

the purpose of evaluation shall be awarded through fair and open 

competition: Provided further, That funds available for program 

evaluation may be transferred to any other appropriate account in 

the Department for such purpose: Provided further, That the Committees on Appropriations of the House of Representatives and the 

Senate are notified at least 15 days in advance of any transfer: Provided further, That the funds available to the Women’s Bureau 

may be used for grants to serve and promote the interests of 

women in the workforce: Provided further, That of the amounts 
1215

made available to the Women’s Bureau, $994,000 shall be used for 

grants authorized by the Women in Apprenticeship and Nontraditional Occupations Act. 

VETERANS EMPLOYMENT AND TRAINING

Not to exceed $234,041,000 may be derived from the Employment Security Administration account in the Unemployment Trust 

Fund to carry out the provisions of chapters 41, 42, and 43 of title 

38, United States Code, of which: 

(1) $175,000,000 is for Jobs for Veterans State grants under 

38 U.S.C. 4102A(b)(5) to support disabled veterans’ outreach 

program specialists under section 4103A of such title and local 

veterans’ employment representatives under section 4104(b) of 

such title, and for the expenses described in section 

4102A(b)(5)(C), which shall be available for obligation by the 

States through December 31, 2017, and not to exceed 3 percent 

for the necessary Federal expenditures for data systems and 

contract support to allow for the tracking of participant and 

performance information: Provided, That, in addition, such 

funds may be used to support such specialists and representatives in the provision of services to transitioning members of 

the Armed Forces who have participated in the Transition Assistance Program and have been identified as in need of intensive services, to members of the Armed Forces who are wounded, ill, or injured and receiving treatment in military treatment 

facilities or warrior transition units, and to the spouses or 

other family caregivers of such wounded, ill, or injured members;

(2) $14,600,000 is for carrying out the Transition Assistance 

Program under 38 U.S.C. 4113 and 10 U.S.C. 1144: Provided,

That, up to $300,000 of such funds may be used to enter into 

a cooperative agreement with a State relating to a mobile application to provide transition assistance to separating service 

members, veterans and eligible spouses; 

(3) $41,027,000 is for Federal administration of chapters 41, 

42, and 43 of title 38, United States Code; and 

(4) $3,414,000 is for the National Veterans’ Employment and 

Training Services Institute under 38 U.S.C. 4109: 

Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount 

not to exceed 3 percent of the appropriation from which such reallocation is made. 

In addition, from the General Fund of the Treasury, $45,000,000 

is for carrying out programs to assist homeless veterans and veterans at risk of homelessness who are transitioning from certain 

institutions under sections 2021, 2021A, and 2023 of title 38, 

United States Code: Provided, That notwithstanding subsections 

(c)(3) and (d) of section 2023, the Secretary may award grants 

through September 30, 2017, to provide services under such section: Provided further, That services provided under section 2023 

may include, in addition to services to the individuals described in 

subsection (e) of such section, services to veterans recently released 

from incarceration who are at risk of homelessness. 
1216

IT MODERNIZATION

For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support 

systems and modernization, $18,778,000, which shall be available 

through September 30, 2018. 

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$82,061,000, together with not to exceed $5,660,000 which may be 

expended from the Employment Security Administration account in 

the Unemployment Trust Fund. 

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated by this Act for the Job 

Corps shall be used to pay the salary and bonuses of an individual, 

either as direct costs or any proration as an indirect cost, at a rate 

in excess of Executive Level II. 

(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year for 

the Department of Labor in this Act may be transferred between 

a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section 

shall not be used to create any new program or to fund any project 

or activity for which no funds are provided in this Act: Provided

further, That the Committees on Appropriations of the House of 

Representatives and the Senate are notified at least 15 days in advance of any transfer. 

SEC. 103. In accordance with Executive Order 13126, none of the 

funds appropriated or otherwise made available pursuant to this 

Act shall be obligated or expended for the procurement of goods 

mined, produced, manufactured, or harvested or services rendered, 

in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. 

(INCLUDING RESCISSION)

SEC. 104. Except as otherwise provided in this section, none of 

the funds made available to the Department of Labor for grants 

under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be used for 

any purpose other than competitive grants for training individuals 

who are older than 16 years of age and are not currently enrolled 

in school within a local educational agency in the occupations and 

industries for which employers are using H–1B visas to hire foreign 

workers, and the related activities necessary to support such training: Provided, That of such funds available before September 30, 

2017 up to $20,000,000 shall be available for obligation through 
1217

September 30, 2018 by the Employment and Training Administration of the Department of Labor to process foreign labor certifications, including wage determinations and associated tasks and 

grants to States, submitted by employers to employ nonimmigrants 

described in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act, to the extent necessary to eliminate backlogs and 

delays: Provided further, That of the unobligated funds available 

under section 286(s)(2) of the Immigration and Nationality Act (8 

U.S.C. 1356(s)(2)), $46,000,000 are permanently rescinded. 

SEC. 105. None of the funds made available by this Act under the 

heading ‘‘Employment and Training Administration’’ shall be used 

by a recipient or subrecipient of such funds to pay the salary and 

bonuses of an individual, either as direct costs or indirect costs, at 

a rate in excess of Executive Level II. This limitation shall not 

apply to vendors providing goods and services as defined in Office 

of Management and Budget Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the 

relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the 

organizations that administer Federal programs involved including 

Employment and Training Administration programs. 

(TRANSFER OF FUNDS)

SEC. 106. (a) Notwithstanding section 102, the Secretary may 

transfer funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, for 

technical assistance services to grantees to ‘‘Program Administration’’ when it is determined that those services will be more efficiently performed by Federal employees: Provided, That this section shall not apply to section 171 of the WIOA. 

(b) Notwithstanding section 102, the Secretary may transfer not 

more than 0.5 percent of each discretionary appropriation made 

available to the Employment and Training Administration by this 

Act to ‘‘Program Administration’’ in order to carry out program integrity activities relating to any of the programs or activities that 

are funded under any such discretionary appropriations: Provided, That funds transferred from under paragraphs (1) and (2) of the 

‘‘Office of Job Corps’’ account shall be available under paragraph 

(3) of such account in order to carry out program integrity activities 

relating to the Job Corps program: Provided further, That funds 

transferred under this subsection shall be available for obligation 

through September 30, 2018. 

(TRANSFER OF FUNDS)

SEC. 107. (a) The Secretary may reserve not more than 0.75 percent from each appropriation made available in this Act identified 

in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts. Any funds 

reserved under this section shall be transferred to ‘‘Departmental 

Management’’ for use by the Office of the Chief Evaluation Officer 

within the Department of Labor, and shall be available for obliga-
1218

tion through September 30, 2018: Provided, That such funds shall 

only be available if the Chief Evaluation Officer of the Department 

of Labor submits a plan to the Committees on Appropriations of 

the House of Representatives and the Senate describing the evaluations to be carried out 15 days in advance of any transfer. 

(b) The accounts referred to in subsection (a) are: ‘‘Training and 

Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service Employment for Older Americans’’, ‘‘State Unemployment Insurance and 

Employment Service Operations’’, ‘‘Employee Benefits Security Administration’’, ‘‘Office of Workers’ Compensation Programs’’, ‘‘Wage 

and Hour Division’’, ‘‘Office of Federal Contract Compliance Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational 

Safety and Health Administration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Office of Disability Employment Policy’’, funding 

made available to the ‘‘Bureau of International Labor Affairs’’ and 

‘‘Women’s Bureau’’ within the ‘‘Departmental Management, Salaries and Expenses’’ account, and ‘‘Veterans Employment and Training’’.

SEC. 108. Notwithstanding any other provision of law, beginning 

October 1, 2016, the Secretary of Labor, in consultation with the 

Secretary of Agriculture may select an entity to operate a Civilian 

Conservation Center on a competitive basis in accordance with section 147 of the WIOA, if the Secretary of Labor determines such 

Center has had consistently low performance under the performance accountability system in effect for the Job Corps program 

prior to July 1, 2016, or with respect to expected levels of performance established under section 159(c) of such Act beginning July 1, 

2016.

SEC. 109. (a) Section 7 of the Fair Labor Standards Act of 1938 

(29 U.S.C. 207) shall be applied as if the following text is part of 

such section: 

‘‘(s)(1) The provisions of this section shall not apply for a period 

of 2 years after the occurrence of a major disaster to any employee—

‘‘(A) employed to adjust or evaluate claims resulting from or 

relating to such major disaster, by an employer not engaged, 

directly or through an affiliate, in underwriting, selling, or 

marketing property, casualty, or liability insurance policies or 

contracts;

‘‘(B) who receives from such employer on average weekly 

compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever 

is greater, for the number of weeks such employee is engaged 

in any of the activities described in subparagraph (C); and 

‘‘(C) whose duties include any of the following: 

‘‘(i) interviewing insured individuals, individuals who 

suffered injuries or other damages or losses arising from or 

relating to a disaster, witnesses, or physicians; 

‘‘(ii) inspecting property damage or reviewing factual information to prepare damage estimates; 

‘‘(iii) evaluating and making recommendations regarding 

coverage or compensability of claims or determining liability or value aspects of claims; 

‘‘(iv) negotiating settlements; or 
1219

‘‘(v) making recommendations regarding litigation. 

‘‘(2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). 

‘‘(3) For purposes of this subsection— 

‘‘(A) the term ‘major disaster’ means any disaster or catastrophe declared or designated by any State or Federal agency 

or department; 

‘‘(B) the term ‘employee employed to adjust or evaluate 

claims resulting from or relating to such major disaster’ means 

an individual who timely secured or secures a license required 

by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating 

to a major disaster, and is employed by an employer that 

maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll 

taxes from the wages, salaries and any benefits of such employees; and 

‘‘(C) the term ‘affiliate’ means a company that, by reason of 

ownership or control of 25 percent or more of the outstanding 

shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under 

common control with, another company.’’. 

(b) This section shall be effective on the date of enactment of this 

Act.

(RESCISSION)

SEC. 110. Of the funds made available under the heading ‘‘Employment and Training Administration–Training and Employment 

Services’’ in division H of Public Law 114–113, $75,000,000 is rescinded, to be derived from the amount made available in paragraph (2)(A) under such heading for the period October 1, 2016, 

through September 30, 2017. 

SEC. 111. (a) FLEXIBILITY WITH RESPECT TO THE CROSSING OF H–

2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.— (1) IN GENERAL.—Subject to paragraph (2), if a petition for 

H–2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants 

described in the petition into the United States at any time 

during the 120-day period beginning on the start date for 

which the employer is seeking the services of the nonimmigrants without filing another petition. 

(2) REQUIREMENTS FOR CROSSINGS AFTER 90TH DAY.—An employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 

days after the start date for which the employer is seeking the 

services of the nonimmigrants unless the employer— 

(A) completes a new assessment of the local labor market by— 

(i) listing job orders in local newspapers on 2 separate Sundays; and 

(ii) posting the job opportunity on the appropriate 

Department of Labor Electronic Job Registry and at 

the employer’s place of employment; and 
1220

(B) offers the job to an equally or better qualified United 

States worker who— 

(i) applies for the job; and 

(ii) will be available at the time and place of need. 

(3) EXEMPTION FROM RULES WITH RESPECT TO STAGGERING.—

The Secretary of Labor shall not consider an employer in the 

seafood industry who brings H–2B nonimmigrants into the 

United States during the 120-day period specified in paragraph 

(1) to be staggering the date of need in violation of section 

655.20(d) of title 20, Code of Federal Regulations, or any other 

applicable provision of law. 

(b) H–2B NONIMMIGRANTS DEFINED.—In this section, the term 

‘‘H–2B nonimmigrants’’ means aliens admitted to the United States 

pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 

SEC. 112. The determination of prevailing wage for the purposes 

of the H–2B program shall be the greater of—(1) the actual wage 

level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) 

the prevailing wage level for the occupational classification of the 

position in the geographic area in which the H–2B nonimmigrant 

will be employed, based on the best information available at the 

time of filing the petition. In the determination of prevailing wage 

for the purposes of the H–2B program, the Secretary shall accept 

private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary 

determines that the methodology and data in the provided survey 

are not statistically supported. 

SEC. 113. None of the funds in this Act shall be used to enforce 

the definition of corresponding employment found in 20 CFR 655.5 

or the three-fourths guarantee rule definition found in 20 CFR 

655.20, or any references thereto. Further, for the purpose of regulating admission of temporary workers under the H–2B program, 

the definition of temporary need shall be that provided in 8 CFR 

214.2(h)(6)(ii)(B).

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2017’’. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

For carrying out titles II and III of the Public Health Service Act 

(referred to in this Act as the ‘‘PHS Act’’) with respect to primary 

health care and the Native Hawaiian Health Care Act of 1988, 

$1,491,522,000: Provided, That no more than $1,000,000 shall be 

available until expended for carrying out the provisions of section 

224(o) of the PHS Act: Provided further, That no more than 

$99,893,000 shall be available until expended for carrying out the 

provisions of sections 224(g)–(n) and (q) of the PHS Act, and for expenses incurred by the Department of Health and Human Services 
1221

(referred to in this Act as ‘‘HHS’’) pertaining to administrative 

claims made under such law: Provided further, That of funds provided for the Health Centers program, as defined by section 330 of 

the PHS Act, by this Act or any other Act for fiscal year 2017, not 

less than $100,000,000 shall be obligated in fiscal year 2017 to support grants to expand medical services, behavioral health, oral 

health, pharmacy, or vision services. 

HEALTH WORKFORCE

For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, sections 1128E and 1921 of the Social Security Act, and the Health Care Quality Improvement Act of 

1986, $838,695,000: Provided, That sections 747(c)(2), 751(j)(2), 

762(k), and the proportional funding amounts in paragraphs (1) 

through (4) of section 756(f) of the PHS Act shall not apply to funds 

made available under this heading: Provided further, That for any 

program operating under section 751 of the PHS Act on or before 

January 1, 2009, the Secretary of Health and Human Services (referred to in this title as the ‘‘Secretary’’) may hereafter waive any 

of the requirements contained in sections 751(d)(2)(A) and 

751(d)(2)(B) of such Act for the full project period of a grant under 

such section: Provided further, That no funds shall be available for 

section 340G–1 of the PHS Act: Provided further, That fees collected for the disclosure of information under section 427(b) of the 

Health Care Quality Improvement Act of 1986 and sections 

1128E(d)(2) and 1921 of the Social Security Act shall be sufficient 

to recover the full costs of operating the programs authorized by 

such sections and shall remain available until expended for the National Practitioner Data Bank: Provided further, That funds transferred to this account to carry out section 846 and subpart 3 of part 

D of title III of the PHS Act may be used to make prior year adjustments to awards made under such sections. 

MATERNAL AND CHILD HEALTH

For carrying out titles III, XI, XII, and XIX of the PHS Act with 

respect to maternal and child health, title V of the Social Security 

Act, and section 712 of the American Jobs Creation Act of 2004, 

$848,617,000: Provided, That notwithstanding sections 502(a)(1) 

and 502(b)(1) of the Social Security Act, not more than $80,593,000 

shall be available for carrying out special projects of regional and 

national significance pursuant to section 501(a)(2) of such Act and 

$10,276,000 shall be available for projects described in subparagraphs (A) through (F) of section 501(a)(3) of such Act. 

RYAN WHITE HIV/AIDS PROGRAM

For carrying out title XXVI of the PHS Act with respect to the 

Ryan White HIV/AIDS program, $2,318,781,000, of which 

$1,970,881,000 shall remain available to the Secretary through 

September 30, 2019, for parts A and B of title XXVI of the PHS 

Act, and of which not less than $900,313,000 shall be for State 

AIDS Drug Assistance Programs under the authority of section 

2616 or 311(c) of such Act. 
1222

HEALTH CARE SYSTEMS

For carrying out titles III and XII of the PHS Act with respect 

to health care systems, and the Stem Cell Therapeutic and Research Act of 2005, $104,193,000, of which $122,000 shall be available until expended for facilities renovations at the Gillis W. Long 

Hansen’s Disease Center. 

RURAL HEALTH

For carrying out titles III and IV of the PHS Act with respect 

to rural health, section 427(a) of the Federal Coal Mine Health and 

Safety Act of 1969, and sections 711 and 1820 of the Social Security Act, $156,060,000, of which $43,609,000 from general revenues, 

notwithstanding section 1820(j) of the Social Security Act, shall be 

available for carrying out the Medicare rural hospital flexibility 

grants program: Provided, That of the funds made available under 

this heading for Medicare rural hospital flexibility grants, 

$14,942,000 shall be available for the Small Rural Hospital Improvement Grant Program for quality improvement and adoption of 

health information technology and up to $1,000,000 shall be to 

carry out section 1820(g)(6) of the Social Security Act, with funds 

provided for grants under section 1820(g)(6) available for the purchase and implementation of telehealth services, including pilots 

and demonstrations on the use of electronic health records to coordinate rural veterans care between rural providers and the Department of Veterans Affairs electronic health record system: Provided further, That notwithstanding section 338J(k) of the PHS Act, $10,000,000 shall be available for State Offices of Rural 

Health.

FAMILY PLANNING

For carrying out the program under title X of the PHS Act to provide for voluntary family planning projects, $286,479,000: Provided, That amounts provided to said projects under such title shall 

not be expended for abortions, that all pregnancy counseling shall 

be nondirective, and that such amounts shall not be expended for 

any activity (including the publication or distribution of literature) 

that in any way tends to promote public support or opposition to 

any legislative proposal or candidate for public office. 

PROGRAM MANAGEMENT

For program support in the Health Resources and Services Administration, $154,000,000: Provided, That funds made available 

under this heading may be used to supplement program support 

funding provided under the headings ‘‘Primary Health Care’’, 

‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White 

HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program 

Trust Fund (the ‘‘Trust Fund’’), such sums as may be necessary for 

claims associated with vaccine-related injury or death with respect 

to vaccines administered after September 30, 1988, pursuant to 
1223

subtitle 2 of title XXI of the PHS Act, to remain available until expended: Provided, That for necessary administrative expenses, not 

to exceed $7,750,000 shall be available from the Trust Fund to the 

Secretary.

CENTERS FOR DISEASE CONTROL AND PREVENTION

IMMUNIZATION AND RESPIRATORY DISEASES

For carrying out titles II, III, XVII, and XXI, and section 2821 

of the PHS Act, titles II and IV of the Immigration and Nationality 

Act, and section 501 of the Refugee Education Assistance Act, with 

respect to immunization and respiratory diseases, $455,000,000. 

HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND

TUBERCULOSIS PREVENTION

For carrying out titles II, III, XVII, and XXIII of the PHS Act 

with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,117,278,000. 

EMERGING AND ZOONOTIC INFECTIOUS DISEASES

For carrying out titles II, III, and XVII, and section 2821 of the 

PHS Act, titles II and IV of the Immigration and Nationality Act, 

and section 501 of the Refugee Education Assistance Act, with respect to emerging and zoonotic infectious diseases, $532,922,000. 

CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS 

Act with respect to chronic disease prevention and health promotion, $777,646,000: Provided, That funds appropriated under 

this account may be available for making grants under section 

1509 of the PHS Act for not less than 21 States, tribes, or tribal 

organizations: Provided further, That of the funds available under 

this heading, $10,000,000 shall be available to continue and expand 

community specific extension and outreach programs to combat 

obesity in counties with the highest levels of obesity: Provided further, That the proportional funding requirements under section 

1503(a) of the PHS Act shall not apply to funds made available 

under this heading. 

BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND

HEALTH

For carrying out titles II, III, XI, and XVII of the PHS Act with 

respect to birth defects, developmental disabilities, disabilities and 

health, $137,560,000. 

PUBLIC HEALTH SCIENTIFIC SERVICES

For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, health informatics, and 

workforce development, $489,397,000. 
1224

ENVIRONMENTAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with respect to environmental health, $163,750,000. 

INJURY PREVENTION AND CONTROL

For carrying out titles II, III, and XVII of the PHS Act with respect to injury prevention and control, $286,059,000: Provided,

That of the funds provided under this heading, $112,000,000 shall 

be available for an evidence-based opioid drug overdose prevention 

program.

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

For carrying out titles II, III, and XVII of the PHS Act, sections 

101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine 

Safety and Health Act, section 13 of the Mine Improvement and 

New Emergency Response Act, and sections 20, 21, and 22 of the 

Occupational Safety and Health Act, with respect to occupational 

safety and health, $335,200,000. 

ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

PROGRAM

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended: Provided, That this amount shall be 

available consistent with the provision regarding administrative expenses in section 151(b) of division B, title I of Public Law 106– 

554.

GLOBAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with respect to global health, $435,121,000, of which $128,421,000 for 

international HIV/AIDS shall remain available through September 

30, 2018: Provided, That funds may be used for purchase and insurance of official motor vehicles in foreign countries. 

PUBLIC HEALTH PREPAREDNESS AND RESPONSE

For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and response, and for expenses 

necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations, $1,405,000,000, of which $575,000,000 shall remain available until expended for the Strategic National Stockpile: Provided,

That in the event the Director of the Centers for Disease Control 

and Prevention (referred to in this title as ‘‘CDC’’) activates the 

Emergency Operations Center, the Director of the CDC may detail 

CDC staff without reimbursement for up to 90 days to support the 

work of the CDC Emergency Operations Center, so long as the Director provides a notice to the Committees on Appropriations of the 

House of Representatives and the Senate within 15 days of the use 

of this authority and a full report within 30 days after use of this 

authority which includes the number of staff and funding level bro-
1225

ken down by the originating center and number of days detailed: 

Provided further, That funds appropriated under this heading may 

be used to support a contract for the operation and maintenance 

of an aircraft in direct support of activities throughout CDC to ensure the agency is prepared to address public health preparedness 

emergencies.

BUILDINGS AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For acquisition of real property, equipment, construction, demolition, and renovation of facilities, $10,000,000, which shall remain 

available until September 30, 2021: Provided, That funds previously set-aside by CDC for repair and upgrade of the Lake Lynn 

Experimental Mine and Laboratory shall be used to acquire a replacement mine safety research facility: Provided further, That in 

addition, the prior year unobligated balance of any amounts assigned to former employees in accounts of CDC made available for 

Individual Learning Accounts shall be credited to and merged with 

the amounts made available under this heading to support the replacement of the mine safety research facility. 

CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

For carrying out titles II, III, XVII and XIX, and section 2821 of 

the PHS Act and for cross-cutting activities and program support 

for activities funded in other appropriations included in this Act for 

the Centers for Disease Control and Prevention, $113,570,000: Provided, That paragraphs (1) through (3) of subsection (b) of section 

2821 of the PHS Act shall not apply to funds appropriated under 

this heading and in all other accounts of the CDC: Provided further, That employees of CDC or the Public Health Service, both civilian and commissioned officers, detailed to States, municipalities, 

or other organizations under authority of section 214 of the PHS 

Act, or in overseas assignments, shall be treated as non-Federal 

employees for reporting purposes only and shall not be included 

within any personnel ceiling applicable to the Agency, Service, or 

HHS during the period of detail or assignment: Provided further,

That CDC may use up to $10,000 from amounts appropriated to 

CDC in this Act for official reception and representation expenses 

when specifically approved by the Director of CDC: Provided further, That in addition, such sums as may be derived from authorized user fees, which shall be credited to the appropriation charged 

with the cost thereof: Provided further, That with respect to the 

previous proviso, authorized user fees from the Vessel Sanitation 

Program and the Respirator Certification Program shall be available through September 30, 2018. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the PHS Act with respect to cancer, $5,389,329,000, of which up to $50,000,000 may be 

used for facilities repairs and improvements at the National Cancer 
1226

Institute—Frederick Federally Funded Research and Development 

Center in Frederick, Maryland: Provided, That of the 

$5,689,329,000 provided for in direct obligations under this heading, $5,389,329,000 is appropriated from the general fund and 

$300,000,000 was previously appropriated for fiscal year 2017 by 

section 194 of the Continuing Appropriations Act, 2017 (division C 

of Public Law 114–223), as amended by the Further Continuing 

and Security Assistance Appropriations Act, 2017 (Public Law 114– 

254) to support cancer research pursuant to section 1001 of the 

21st Century Cures Act. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the PHS Act with respect to cardiovascular, lung, and blood diseases, and blood and 

blood products, $3,206,589,000. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the PHS Act with respect to dental and craniofacial diseases, $425,751,000. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the PHS Act with respect to diabetes and digestive and kidney disease, $1,870,595,000. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the PHS Act with respect to neurological disorders and stroke, $1,783,654,000. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the PHS Act with respect to allergy and infectious diseases, $4,906,638,000. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the PHS Act with respect to general medical sciences, $2,650,838,000, of which 

$824,443,000 shall be from funds available under section 241 of the 

PHS Act: Provided, That not less than $333,361,000 is provided for 

the Institutional Development Awards program. 

EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH

AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the PHS Act with respect to child health and human development, $1,380,295,000. 

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the PHS Act with respect to eye diseases and visual disorders, $732,618,000. 
1227

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out section 301 and title IV of the PHS Act with respect to environmental health sciences, $714,261,000. 

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the PHS Act with respect to aging, $2,048,610,000. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN

DISEASES

For carrying out section 301 and title IV of the PHS Act with respect to arthritis and musculoskeletal and skin diseases, 

$557,851,000.

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the PHS Act with respect to deafness and other communication disorders, $436,875,000. 

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the PHS Act with respect to nursing research, $150,273,000. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the PHS Act with respect to alcohol abuse and alcoholism, $483,363,000. 

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the PHS Act with respect to drug abuse, $1,090,853,000. 

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the PHS Act with respect to mental health, $1,601,931,000. 

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the PHS Act with respect to human genome research, $528,566,000. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging and bioengineering research, 

$357,080,000.

NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH

For carrying out section 301 and title IV of the PHS Act with respect to complementary and integrative health, $134,689,000. 
1228

NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the PHS Act with respect to minority health and health disparities research, 

$289,069,000.

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the 

PHS Act), $72,213,000. 

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the PHS Act with re- spect to health information communications, $407,510,000: Provided, That of the amounts available for improvement of informa- tion systems, $4,000,000 shall be available until September 30, 

2018: Provided further, That in fiscal year 2017, the National Library of Medicine may enter into personal services contracts for the 

provision of services in facilities owned, operated, or constructed 

under the jurisdiction of the National Institutes of Health (referred 

to in this title as ‘‘NIH’’). 

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES

For carrying out section 301 and title IV of the PHS Act with re- spect to translational sciences, $705,903,000: Provided, That up to $25,835,000 shall be available to implement section 480 of the PHS 

Act, relating to the Cures Acceleration Network: Provided further, That at least $516,120,000 is provided to the Clinical and 

Translational Sciences Awards program. 

OFFICE OF THE DIRECTOR

For carrying out the responsibilities of the Office of the Director, NIH, $1,665,183,000 (in addition to the $52,000,000 in the NIH Innovation Fund previously appropriated for fiscal year 2017 pursuant to section 1001 of the 21st Century Cures Act, 2017 (division 

C of Public Law 114–254)): Provided, That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles 

for replacement only: Provided further, That all funds credited to 

the NIH Management Fund shall remain available for one fiscal 

year after the fiscal year in which they are deposited: Provided further, That $165,000,000 shall be for the National Children’s Study 

Follow-on: Provided further, That $682,856,000 shall be available 

for the Common Fund established under section 402A(c)(1) of the 

PHS Act: Provided further, That of the funds provided, $10,000 

shall be for official reception and representation expenses when 

specifically approved by the Director of the NIH: Provided further,

That the Office of AIDS Research within the Office of the Director 

of the NIH may spend up to $8,000,000 to make grants for construction or renovation of facilities as provided for in section 

2354(a)(5)(B) of the PHS Act: Provided further, That up to 

$190,000,000 (in addition to the $40,000,000 to support the Precision Medicine Initiative in the NIH Innovation Fund previously appropriated for fiscal year 2017 pursuant to section 1001 of the 21st 
1229

Century Cures Act by section 194 of the Continuing Appropriations 

Act, 2017 (division C of Public Law 114–254)), of the funds provided herein are available to support the trans-NIH Precision Medicine Initiative. 

In addition to other funds appropriated for the Common Fund established under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common Fund from the 10-year Pediatric Research Initiative Fund described in section 9008 of title 26, United 

States Code, for the purpose of carrying out section 402(b)(7)(B)(ii) 

of the PHS Act (relating to pediatric research), as authorized in the 

Gabriella Miller Kids First Research Act. 

BUILDINGS AND FACILITIES

For the study of, construction of, demolition of, renovation of, and 

acquisition of equipment for, facilities of or used by NIH, including 

the acquisition of real property, $128,863,000, to remain available 

through September 30, 2021. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

MENTAL HEALTH

For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, and the Protection and Advocacy for Individuals with Mental Illness Act, $1,147,998,000: Provided, That 

notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying 

out section 1971 of the PHS Act: Provided further, That in addition 

to amounts provided herein, $21,039,000 shall be available under 

section 241 of the PHS Act to carry out subpart I of part B of title 

XIX of the PHS Act to fund section 1920(b) technical assistance, 

national data, data collection and evaluation activities, and further 

that the total available under this Act for section 1920(b) activities 

shall not exceed 5 percent of the amounts appropriated for subpart 

I of part B of title XIX: Provided further, That section 520E(b)(2) 

of the PHS Act shall not apply to funds appropriated in this Act 

for fiscal year 2017: Provided further, That notwithstanding section 

565(b)(1) of the PHS Act, technical assistance may be provided to 

a public entity to establish or operate a system of comprehensive 

community mental health services to children with a serious emotional disturbance, without regard to whether the public entity receives a grant under section 561(a) of such Act: Provided further,

That States shall expend at least 10 percent of the amount each 

receives for carrying out section 1911 of the PHS Act to support 

evidence-based programs that address the needs of individuals with 

early serious mental illness, including psychotic disorders, regardless of the age of the individual at onset: Provided further, That 

none of the funds provided for section 1911 of the PHS Act shall 

be subject to section 241 of such Act: Provided further, That of the 

funds made available under this heading, $15,000,000 shall be to 

carry out section 224 of the Protecting Access to Medicare Act of 

2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note). 
1230

SUBSTANCE ABUSE TREATMENT

For carrying out titles III and V of the PHS Act with respect to 

substance abuse treatment and title XIX of such Act with respect 

to substance abuse treatment and prevention, $2,131,306,000: Provided, That in addition to amounts provided herein, the following 

amounts shall be available under section 241 of the PHS Act: (1) 

$79,200,000 to carry out subpart II of part B of title XIX of the 

PHS Act to fund section 1935(b) technical assistance, national data, 

data collection and evaluation activities, and further that the total 

available under this Act for section 1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part 

B of title XIX; and (2) $2,000,000 to evaluate substance abuse 

treatment programs: Provided further, That none of the funds provided for section 1921 of the PHS Act shall be subject to section 

241 of such Act. 

SUBSTANCE ABUSE PREVENTION

For carrying out titles III and V of the PHS Act with respect to 

substance abuse prevention, $223,219,000. 

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

For program support and cross-cutting activities that supplement 

activities funded under the headings ‘‘Mental Health’’, ‘‘Substance 

Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in carrying 

out titles III, V, and XIX of the PHS Act and the Protection and 

Advocacy for Individuals with Mental Illness Act in the Substance 

Abuse and Mental Health Services Administration, $116,830,000: 

Provided, That in addition to amounts provided herein, $31,428,000 

shall be available under section 241 of the PHS Act to supplement 

funds available to carry out national surveys on drug abuse and 

mental health, to collect and analyze program data, and to conduct 

public awareness and technical assistance activities: Provided further, That, in addition, fees may be collected for the costs of publications, data, data tabulations, and data analysis completed under 

title V of the PHS Act and provided to a public or private entity 

upon request, which shall be credited to this appropriation and 

shall remain available until expended for such purposes: Provided

further, That amounts made available in this Act for carrying out 

section 501(m) of the PHS Act shall remain available through September 30, 2018: Provided further, That funds made available 

under this heading may be used to supplement program support 

funding provided under the headings ‘‘Mental Health’’, ‘‘Substance 

Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the PHS Act, part A of title 

XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, 

$324,000,000: Provided, That section 947(c) of the PHS Act shall 

not apply in fiscal year 2017: Provided further, That in addition, 
1231

amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data shall be 

credited to this appropriation and shall remain available until September 30, 2018. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and XIX 

of the Social Security Act, $262,003,967,000, to remain available 

until expended. 

For making, after May 31, 2017, payments to States under title 

XIX or in the case of section 1928 on behalf of States under title 

XIX of the Social Security Act for the last quarter of fiscal year 

2017 for unanticipated costs incurred for the current fiscal year, 

such sums as may be necessary. 

For making payments to States or in the case of section 1928 on 

behalf of States under title XIX of the Social Security Act for the 

first quarter of fiscal year 2018, $125,219,452,000, to remain available until expended. 

Payment under such title XIX may be made for any quarter with 

respect to a State plan or plan amendment in effect during such 

quarter, if submitted in or prior to such quarter and approved in 

that or any subsequent quarter. 

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance Trust Fund and 

the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248, and for administrative expenses incurred pursuant to section 201(g) of the 

Social Security Act, $299,187,700,000. 

In addition, for making matching payments under section 1844 

and benefit payments under section 1860D–16 of the Social Security Act that were not anticipated in budget estimates, such sums 

as may be necessary. 

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII, 

XIX, and XXI of the Social Security Act, titles XIII and XXVII of 

the PHS Act, the Clinical Laboratory Improvement Amendments of 

1988, and other responsibilities of the Centers for Medicare and 

Medicaid Services, not to exceed $3,669,744,000, to be transferred 

from the Federal Hospital Insurance Trust Fund and the Federal 

Supplementary Medical Insurance Trust Fund, as authorized by 

section 201(g) of the Social Security Act; together with all funds 

collected in accordance with section 353 of the PHS Act and section 

1857(e)(2) of the Social Security Act, funds retained by the Secretary pursuant to section 302 of the Tax Relief and Health Care 

Act of 2006; and such sums as may be collected from authorized 

user fees and the sale of data, which shall be credited to this account and remain available until September 30, 2022: Provided,
1232

That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the PHS Act shall be 

credited to and available for carrying out the purposes of this appropriation: Provided further, That the Secretary is directed to collect fees in fiscal year 2017 from Medicare Advantage organizations 

pursuant to section 1857(e)(2) of the Social Security Act and from 

eligible organizations with risk-sharing contracts under section 

1876 of that Act pursuant to section 1876(k)(4)(D) of that Act. 

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

In addition to amounts otherwise available for program integrity 

and program management, $725,000,000, to remain available 

through September 30, 2018, to be transferred from the Federal 

Hospital Insurance Trust Fund and the Federal Supplementary 

Medical Insurance Trust Fund, as authorized by section 201(g) of 

the Social Security Act, of which $486,936,000 shall be for the 

Medicare Integrity Program at the Centers for Medicare and Medicaid Services, including administrative costs, to conduct oversight 

activities for Medicare Advantage under Part C and the Medicare 

Prescription Drug Program under Part D of the Social Security Act 

and for activities described in section 1893(b) of such Act, of which 

$82,132,000 shall be for the Department of Health and Human 

Services Office of Inspector General to carry out fraud and abuse 

activities authorized by section 1817(k)(3) of such Act, of which 

$82,132,000 shall be for the Medicaid and Children’s Health Insurance Program (‘‘CHIP’’) program integrity activities, and of which 

$73,800,000 shall be for the Department of Justice to carry out 

fraud and abuse activities authorized by section 1817(k)(3) of such 

Act: Provided, That the report required by section 1817(k)(5) of the 

Social Security Act for fiscal year 2017 shall include measures of 

the operational efficiency and impact on fraud, waste, and abuse in 

the Medicare, Medicaid, and CHIP programs for the funds provided 

by this appropriation: Provided further, That of the amount provided under this heading, $311,000,000 is provided to meet the 

terms of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and $414,000,000 

is additional new budget authority specified for purposes of section 

251(b)(2)(C) of such Act: Provided further, That the Secretary shall 

support the full cost of the Senior Medicare Patrol program to combat health care fraud and abuse from the funds provided to this account.

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For carrying out, except as otherwise provided, titles I, IV–D, X, 

XI, XIV, and XVI of the Social Security Act and the Act of July 5, 

1960, $3,010,631,000, to remain available until expended; and for 

such purposes for the first quarter of fiscal year 2018, 

$1,400,000,000, to remain available until expended. 

For carrying out, after May 31 of the current fiscal year, except 

as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the 
1233

Social Security Act and the Act of July 5, 1960, for the last 3 

months of the current fiscal year for unanticipated costs, incurred 

for the current fiscal year, such sums as may be necessary. 

LOW INCOME HOME ENERGY ASSISTANCE

For making payments under subsections (b) and (d) of section 

2602 of the Low Income Home Energy Assistance Act of 1981, 

$3,390,304,000: Provided, That all but $491,000,000 of this amount 

shall be allocated as though the total appropriation for such payments for fiscal year 2017 was less than $1,975,000,000: Provided

further, That notwithstanding section 2609A(a), of the amounts appropriated under section 2602(b), not more than $2,988,000 of such 

amounts may be reserved by the Secretary for technical assistance, 

training, and monitoring of program activities for compliance with 

internal controls, policies and procedures and may, in addition to 

the authorities provided in section 2609A(a)(1), use such funds 

through contracts with private entities that do not qualify as nonprofit organizations. 

REFUGEE AND ENTRANT ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality 

Act and section 501 of the Refugee Education Assistance Act of 

1980, and for carrying out section 462 of the Homeland Security 

Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 (‘‘TVPA’’), and the Torture Victims Relief Act of 1998, $1,674,691,000, of which $1,645,201,000 shall remain available through September 30, 2019 for carrying out such 

sections 414, 501, 462, and 235: Provided, That amounts available 

under this heading to carry out the TVPA shall also be available 

for research and evaluation with respect to activities under such 

Act: Provided further, That the limitation in section 205 of this Act 

regarding transfers increasing any appropriation shall apply to 

transfers to appropriations under this heading by substituting ‘‘10 

percent’’ for ‘‘3 percent’’. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For carrying out the Child Care and Development Block Grant 

Act of 2014 (‘‘CCDBG Act’’), $2,856,000,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided, That technical assistance under section 658I(a)(3) of such Act may be provided directly, 

or through the use of contracts, grants, cooperative agreements, or 

interagency agreements: Provided further, That all funds made 

available to carry out section 418 of the Social Security Act (42 

U.S.C. 618), including funds appropriated for that purpose in such 

section 418 or any other provision of law, shall be subject to the 

reservation of funds authority in paragraphs (4) and (5) of section 

658O(a) of the CCDBG Act. 
1234

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the So- cial Security Act, $1,700,000,000: Provided, That notwithstanding 

subparagraph (B) of section 404(d)(2) of such Act, the applicable 

percent specified under such subparagraph for a State to carry out 

State programs pursuant to title XX–A of such Act shall be 10 percent.

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway and 

Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 

303 and 313 of the Family Violence Prevention and Services Act, 

the Native American Programs Act of 1974, title II of the Child 

Abuse Prevention and Treatment and Adoption Reform Act of 1978 

(adoption opportunities), part B–1 of title IV and sections 429, 

473A, 477(i), 1110, 1114A, and 1115 of the Social Security Act, and 

the Community Services Block Grant Act (‘‘CSBG Act’’); for necessary administrative expenses to carry out titles I, IV, V, X, XI, 

XIV, XVI, and XX–A of the Social Security Act, the Act of July 5, 

1960, the Low-Income Home Energy Assistance Act of 1981, the 

Child Care and Development Block Grant Act of 2014, the Assets 

for Independence Act, title IV of the Immigration and Nationality 

Act, and section 501 of the Refugee Education Assistance Act of 

1980; and for the administration of prior year obligations made by 

the Administration for Children and Families under the Developmental Disabilities Assistance and Bill of Rights Act and the Help 

America Vote Act of 2002, $11,294,368,000, of which $37,943,000, 

to remain available through September 30, 2018, shall be for 

grants to States for adoption and legal guardianship incentive payments, as defined by section 473A of the Social Security Act and 

may be made for adoptions and legal guardianships completed before September 30, 2017: Provided, That $9,253,095,000 shall be for 

making payments under the Head Start Act: Provided further, That 

of the amount in the previous proviso, $8,588,095,000 shall be 

available for payments under section 640 of the Head Start Act, of 

which $80,000,000 shall be available for a cost of living adjustment 

notwithstanding section 640(a)(3)(A) of such Act: Provided further, That of the amount provided for making payments under the Head 

Start Act, $25,000,000 shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and 

(9) of section 641(c) of such Act under the Designation Renewal 

System, established under the authority of sections 641(c)(7), 

645A(b)(12) and 645A(d) of such Act: Provided further, That notwithstanding such section 640, of the amount provided for making 

payments under the Head Start Act, and in addition to funds otherwise available under such section 640, $640,000,000 shall be 

available through March 31, 2018 for Early Head Start programs 

as described in section 645A of such Act, for conversion of Head 

Start services to Early Head Start services as described in section 

645(a)(5)(A) of such Act, for discretionary grants for high quality 

infant and toddler care through Early Head Start-Child Care Partnerships, to entities defined as eligible under section 645A(d) of 
1235

such Act, for training and technical assistance for such activities, 

and for up to $14,000,000 in Federal costs of administration and 

evaluation, and, notwithstanding section 645A(c)(2) of such Act, 

these funds are available to serve children under age 4: Provided

further, That funds described in the preceding two provisos shall 

not be included in the calculation of ‘‘base grant’’ in subsequent fiscal years, as such term is used in section 640(a)(7)(A) of such Act: 

Provided further, That $250,000,000 shall be available until December 31, 2017 for carrying out sections 9212 and 9213 of the 

Every Student Succeeds Act: Provided further, That, in accordance 

with section 9212(j) of such Act, funds made available in the preceding proviso may be allocated to the Department of Education to 

issue continuation grants on behalf of the Secretary: Provided further, That up to 3 percent of the funds in the second preceding proviso shall be available for technical assistance and evaluation related to grants awarded under such section 9212: Provided further,

That $742,383,000 shall be for making payments under the CSBG 

Act: Provided further, That $27,733,000 shall be for sections 680 

and 678E(b)(2) of the CSBG Act, of which not less than $19,883,000 

shall be for section 680(a)(2) and not less than $7,500,000 shall be 

for section 680(a)(3)(B) of such Act: Provided further, That, notwithstanding section 675C(a)(3) of such Act, to the extent Community Services Block Grant funds are distributed as grant funds by 

a State to an eligible entity as provided under such Act, and have 

not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such 

entity consistent with program purposes: Provided further, That 

the Secretary shall establish procedures regarding the disposition 

of intangible assets and program income that permit such assets 

acquired with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole 

property of such grantees after a period of not more than 12 years 

after the end of the grant period for any activity consistent with 

section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible assets in the form of loans, equity investments and other debt 

instruments, and program income may be used by grantees for any 

eligible purpose consistent with section 680(a)(2)(A) of the CSBG 

Act: Provided further, That these procedures shall apply to such 

grant funds made available after November 29, 1999: Provided further, That funds appropriated for section 680(a)(2) of the CSBG Act 

shall be available for financing construction and rehabilitation and 

loans or investments in private business enterprises owned by community development corporations: Provided further, That the Secretary shall issue performance standards for entities receiving 

funds from State and territorial grantees under the CSBG Act, and 

such States and territories shall assure the implementation of such 

standards prior to September 30, 2017, and include information on 

such implementation in the report required by section 678E(a)(2) 

of such Act: Provided further, That $1,864,000 shall be for a human 

services case management system for federally declared disasters, 

to include a comprehensive national case management contract and 

Federal costs of administering the system: Provided further, That 

up to $2,000,000 shall be for improving the Public Assistance Re-
1236

porting Information System, including grants to States to support 

data collection for a study of the system’s effectiveness. 

PROMOTING SAFE AND STABLE FAMILIES

For carrying out, except as otherwise provided, section 436 of the 

Social Security Act, $325,000,000 and, for carrying out, except as 

otherwise provided, section 437 of such Act, $59,765,000: Provided,

That notwithstanding sections 438(c)(3)(A) and 436(b)(2) of such 

Act, $10,000,000 shall be available for such section 436(b)(2), of 

which no funds shall be available for carrying out sections 

438(c)(3)(A)(ii) and (iii) of such Act. 

PAYMENTS FOR FOSTER CARE AND PERMANENCY

For carrying out, except as otherwise provided, title IV–E of the 

Social Security Act, $5,764,000,000. 

For carrying out, except as otherwise provided, title IV–E of the 

Social Security Act, for the first quarter of fiscal year 2018, 

$2,500,000,000.

For carrying out, after May 31 of the current fiscal year, except 

as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as 

may be necessary. 

ADMINISTRATION FOR COMMUNITY LIVING

AGING AND DISABILITY SERVICES PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For carrying out, to the extent not otherwise provided, the Older 

Americans Act of 1965 (‘‘OAA’’), titles III and XXIX of the PHS Act, 

sections 1252 and 1253 of the PHS Act, section 119 of the Medicare 

Improvements for Patients and Providers Act of 2008, title XX–B 

of the Social Security Act, the Developmental Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title II 

of the Help America Vote Act of 2002, the Assistive Technology Act 

of 1998, titles II and VII (and section 14 with respect to such titles) 

of the Rehabilitation Act of 1973, and for Department-wide coordination of policy and program activities that assist individuals with 

disabilities, $1,919,000,000, together with $47,115,000 to be transferred from the Federal Hospital Insurance Trust Fund and the 

Federal Supplementary Medical Insurance Trust Fund to carry out 

section 4360 of the Omnibus Budget Reconciliation Act of 1990: 

Provided, That amounts appropriated under this heading may be 

used for grants to States under section 361 of the OAA only for disease prevention and health promotion programs and activities 

which have been demonstrated through rigorous evaluation to be 

evidence-based and effective: Provided further, That of amounts 

made available under this heading to carry out sections 311, 331, 

and 336 of the OAA, up to one percent of such amounts shall be 

available for developing and implementing evidence-based practices 

for enhancing senior nutrition: Provided further, That notwithstanding any other provision of this Act, funds made available 
1237

under this heading to carry out section 311 of the OAA may be 

transferred to the Secretary of Agriculture in accordance with such 

section: Provided further, That $2,000,000 shall be for competitive 

grants to support alternative financing programs that provide for 

the purchase of assistive technology devices, such as a low-interest 

loan fund; an interest buy-down program; a revolving loan fund; a 

loan guarantee; or an insurance program: Provided further, That 

applicants shall provide an assurance that, and information describing the manner in which, the alternative financing program 

will expand and emphasize consumer choice and control: Provided

further, That State agencies and community-based disability organizations that are directed by and operated for individuals with 

disabilities shall be eligible to compete: Provided further, That none 

of the funds made available under this heading may be used by an 

eligible system (as defined in section 102 of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802)) 

to continue to pursue any legal action in a Federal or State court 

on behalf of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 

(20 U.S.C. 15002(8)(A)) that is attributable to a mental impairment 

(or a combination of mental and physical impairments), that has as 

the requested remedy the closure of State operated intermediate 

care facilities for people with intellectual or developmental disabilities, unless reasonable public notice of the action has been provided to such individuals (or, in the case of mental incapacitation, 

the legal guardians who have been specifically awarded authority 

by the courts to make healthcare and residential decisions on behalf of such individuals) who are affected by such action, within 90 

days of instituting such legal action, which informs such individuals (or such legal guardians) of their legal rights and how to exercise such rights consistent with current Federal Rules of Civil Procedure: Provided further, That the limitations in the immediately 

preceding proviso shall not apply in the case of an individual who 

is neither competent to consent nor has a legal guardian, nor shall 

the proviso apply in the case of individuals who are a ward of the 

State or subject to public guardianship. 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 

of the PHS Act, the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act, $460,629,000, together with $64,828,000 from the 

amounts available under section 241 of the PHS Act to carry out 

national health or human services research and evaluation activities: Provided, That of this amount, $53,900,000 shall be for minority AIDS prevention and treatment activities: Provided further,

That of the funds made available under this heading, $101,000,000 

shall be for making competitive contracts and grants to public and 

private entities to fund medically accurate and age appropriate pro-
1238

grams that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, 

of which not more than 10 percent of the available funds shall be 

for training and technical assistance, evaluation, outreach, and additional program support activities, and of the remaining amount 

75 percent shall be for replicating programs that have been proven 

effective through rigorous evaluation to reduce teenage pregnancy, 

behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent shall be available for research 

and demonstration grants to develop, replicate, refine, and test additional models and innovative strategies for preventing teenage 

pregnancy: Provided further, That of the amounts provided under 

this heading from amounts available under section 241 of the PHS 

Act, $6,800,000 shall be available to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of the funds made available under 

this heading, $15,000,000 shall be for making competitive grants 

which exclusively implement education in sexual risk avoidance 

(defined as voluntarily refraining from non-marital sexual activity): 

Provided further, That funding for such competitive grants for sexual risk avoidance shall use medically accurate information referenced to peer-reviewed publications by educational, scientific, 

governmental, or health organizations; implement an evidencebased approach integrating research findings with practical implementation that aligns with the needs and desired outcomes for the 

intended audience; and teach the benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting sexual coercion, dating violence, 

and other youth risk behaviors such as underage drinking or illicit 

drug use without normalizing teen sexual activity: Provided further, That no more than 10 percent of the funding for such competitive grants for sexual risk avoidance shall be available for technical 

assistance and administrative costs of such programs: Provided further, That funds provided in this Act for embryo adoption activities 

may be used to provide to individuals adopting embryos, through 

grants and other mechanisms, medical and administrative services 

deemed necessary for such adoptions: Provided further, That such 

services shall be provided consistent with 42 CFR 59.5(a)(4). 

OFFICE OF MEDICARE HEARINGS AND APPEALS

For expenses necessary for the Office of Medicare Hearings and 

Appeals, $107,381,000, to be transferred in appropriate part from 

the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. 

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION

TECHNOLOGY

For expenses necessary for the Office of the National Coordinator 

for Health Information Technology, including grants, contracts, and 

cooperative agreements for the development and advancement of 

interoperable health information technology, $60,367,000. 
1239

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in 

carrying out the provisions of the Inspector General Act of 1978, 

$80,000,000: Provided, That of such amount, necessary sums shall 

be available for providing protective services to the Secretary and 

investigating non-payment of child support cases for which nonpayment is a Federal offense under 18 U.S.C. 228. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, 

$38,798,000.

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health Service 

Commissioned Officers as authorized by law, for payments under 

the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired personnel 

under the Dependents’ Medical Care Act, such amounts as may be 

required during the current fiscal year. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering 

potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public health 

emergencies, $950,958,000, of which $511,700,000 shall remain 

available through September 30, 2018, for expenses necessary to 

support advanced research and development pursuant to section 

319L of the PHS Act and other administrative expenses of the Biomedical Advanced Research and Development Authority: Provided, That funds provided under this heading for the purpose of acquisition of security countermeasures shall be in addition to any other 

funds available for such purpose: Provided further, That products 

purchased with funds provided under this heading may, at the discretion of the Secretary, be deposited in the Strategic National 

Stockpile pursuant to section 319F–2 of the PHS Act: Provided further, That $5,000,000 of the amounts made available to support 

emergency operations shall remain available through September 

30, 2019. 

For expenses necessary for procuring security countermeasures 

(as defined in section 319F–2(c)(1)(B) of the PHS Act), 

$510,000,000, to remain available until expended. 

For an additional amount for expenses necessary to prepare for 

or respond to an influenza pandemic, $57,000,000; of which 

$40,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary 

medical supplies, diagnostics, and other surveillance tools: Provided, That notwithstanding section 496(b) of the PHS Act, funds 

may be used for the construction or renovation of privately owned 

facilities for the production of pandemic influenza vaccines and 

other biologics, if the Secretary finds such construction or renova-
1240

tion necessary to secure sufficient supplies of such vaccines or biologics.

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available for 

not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 

SEC. 202. None of the funds appropriated in this title shall be 

used to pay the salary of an individual, through a grant or other 

extramural mechanism, at a rate in excess of Executive Level II. 

SEC. 203. None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act, except for funds 

specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation 

and submission of a report by the Secretary to the Committees on 

Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds. 

SEC. 204. Notwithstanding section 241(a) of the PHS Act, such 

portion as the Secretary shall determine, but not more than 2.5 

percent, of any amounts appropriated for programs authorized 

under such Act shall be made available for the evaluation (directly, 

or by grants or contracts) and the implementation and effectiveness 

of programs funded in this title. 

(TRANSFER OF FUNDS)

SEC. 205. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year for 

HHS in this Act may be transferred between appropriations, but no 

such appropriation shall be increased by more than 3 percent by 

any such transfer: Provided, That the transfer authority granted by 

this section shall not be used to create any new program or to fund 

any project or activity for which no funds are provided in this Act: 

Provided further, That the Committees on Appropriations of the 

House of Representatives and the Senate are notified at least 15 

days in advance of any transfer. 

SEC. 206. In lieu of the timeframe specified in section 338E(c)(2) 

of the PHS Act, terminations described in such section may occur 

up to 60 days after the execution of a contract awarded in fiscal 

year 2017 under section 338B of such Act. 

SEC. 207. None of the funds appropriated in this Act may be 

made available to any entity under title X of the PHS Act unless 

the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family 

planning services and that it provides counseling to minors on how 

to resist attempts to coerce minors into engaging in sexual activities.

SEC. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt from 

any State law requiring notification or the reporting of child abuse, 

child molestation, sexual abuse, rape, or incest. 

SEC. 209. None of the funds appropriated by this Act (including 

funds appropriated to any trust fund) may be used to carry out the 
1241

Medicare Advantage program if the Secretary denies participation 

in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided, That the Secretary shall 

make appropriate prospective adjustments to the capitation payment to such an entity (based on an actuarially sound estimate of 

the expected costs of providing the service to such entity’s enrollees): Provided further, That nothing in this section shall be construed to change the Medicare program’s coverage for such services 

and a Medicare Advantage organization described in this section 

shall be responsible for informing enrollees where to obtain information about all Medicare covered services. 

SEC. 210. None of the funds made available in this title may be 

used, in whole or in part, to advocate or promote gun control. 

SEC. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to 

assist in child survival activities and to work in AIDS programs 

through and with funds provided by the Agency for International 

Development, the United Nations International Children’s Emergency Fund or the World Health Organization. 

SEC. 212. In order for HHS to carry out international health activities, including HIV/AIDS and other infectious disease, chronic 

and environmental disease, and other health activities abroad during fiscal year 2017: 

(1) The Secretary may exercise authority equivalent to that 

available to the Secretary of State in section 2(c) of the State 

Department Basic Authorities Act of 1956. The Secretary shall 

consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign 

Service Act of 1980 and other applicable statutes administered 

by the Department of State. 

(2) The Secretary is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be 

necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United 

States for the use of HHS. The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary is authorized, in consultation with the Secretary of 

State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in 

participating foreign countries, funds to acquire, lease, alter, or 

renovate facilities in those countries as necessary to conduct 

programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious 

diseases, chronic and environmental diseases, and other health 

activities abroad. 

(3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 
1242

of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 

through 4086 and subject to such regulations prescribed by the 

Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up 

to the amount of the locality-based comparability payment 

(stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if such 

personnel’s official duty station were in the District of Columbia. Leaves of absence for personnel under this subsection shall 

be on the same basis as that provided under subchapter I of 

chapter 63 of title 5, United States Code, or section 903 of the 

Foreign Service Act of 1980, to individuals serving in the Foreign Service. 

(TRANSFER OF FUNDS)

SEC. 213. The Director of the NIH, jointly with the Director of 

the Office of AIDS Research, may transfer up to 3 percent among 

institutes and centers from the total amounts identified by these 

two Directors as funding for research pertaining to the human immunodeficiency virus: Provided, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. 

(TRANSFER OF FUNDS)

SEC. 214. Of the amounts made available in this Act for NIH, the 

amount for research related to the human immunodeficiency virus, 

as jointly determined by the Director of NIH and the Director of 

the Office of AIDS Research, shall be made available to the ‘‘Office 

of AIDS Research’’ account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry 

out section 2353(d)(3) of the PHS Act. 

SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision 

of law, the Director of NIH (‘‘Director’’) may use funds authorized 

under section 402(b)(12) of the PHS Act to enter into transactions 

(other than contracts, cooperative agreements, or grants) to carry 

out research identified pursuant to or research and activities described in such section 402(b)(12). 

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures 

(including consultation with appropriate scientific experts) as the 

Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such 

transactions in lieu of the peer review and advisory council review 

procedures that would otherwise be required under sections 

301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the 

PHS Act. 

SEC. 216. Not to exceed $45,000,000 of funds appropriated by 

this Act to the institutes and centers of the National Institutes of 

Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $3,500,000 per project. 
1243

(TRANSFER OF FUNDS)

SEC. 217. Of the amounts made available for NIH, 1 percent of 

the amount made available for National Research Service Awards 

(‘‘NRSA’’) shall be made available to the Administrator of the 

Health Resources and Services Administration to make NRSA 

awards for research in primary medical care to individuals affiliated with entities who have received grants or contracts under sections 736, 739, or 747 of the PHS Act, and 1 percent of the amount 

made available for NRSA shall be made available to the Director 

of the Agency for Healthcare Research and Quality to make NRSA 

awards for health service research. 

SEC. 218. (a) The Biomedical Advanced Research and Development Authority (‘‘BARDA’’) may enter into a contract, for more 

than one but no more than 10 program years, for purchase of research services or of security countermeasures, as that term is defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d– 

6b(c)(1)(B)), if— 

(1) funds are available and obligated— 

(A) for the full period of the contract or for the first fiscal year in which the contract is in effect; and 

(B) for the estimated costs associated with a necessary 

termination of the contract; and 

(2) the Secretary determines that a multi-year contract will 

serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA’s programs.

(b) A contract entered into under this section— 

(1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and 

(2) shall be subject to the congressional notice requirement 

stated in subsection (d) of such section. 

SEC. 219. (a) The Secretary shall establish a publicly accessible 

Web site to provide information regarding the uses of funds made 

available under section 4002 of the Patient Protection and Affordable Care Act of 2010 (‘‘ACA’’). 

(b) With respect to funds provided under section 4002 of the 

ACA, the Secretary shall include on the Web site established under 

subsection (a) at a minimum the following information: 

(1) In the case of each transfer of funds under section 

4002(c), a statement indicating the program or activity receiving funds, the operating division or office that will administer 

the funds, and the planned uses of the funds, to be posted not 

later than the day after the transfer is made. 

(2) Identification (along with a link to the full text) of each 

funding opportunity announcement, request for proposals, or 

other announcement or solicitation of proposals for grants, cooperative agreements, or contracts intended to be awarded 

using such funds, to be posted not later than the day after the 

announcement or solicitation is issued. 

(3) Identification of each grant, cooperative agreement, or 

contract with a value of $25,000 or more awarded using such 

funds, including the purpose of the award and the identity of 
1244

the recipient, to be posted not later than 5 days after the 

award is made. 

(4) A report detailing the uses of all funds transferred under 

section 4002(c) during the fiscal year, to be posted not later 

than 90 days after the end of the fiscal year. 

(c) With respect to awards made in fiscal years 2013 through 

2017, the Secretary shall also include on the Web site established 

under subsection (a), semi-annual reports from each entity awarded a grant, cooperative agreement, or contract from such funds 

with a value of $25,000 or more, summarizing the activities undertaken and identifying any sub-grants or sub-contracts awarded (including the purpose of the award and the identity of the recipient), 

to be posted not later than 30 days after the end of each 6-month 

period.

(d) In carrying out this section, the Secretary shall— 

(1) present the information required in subsection (b)(1) on 

a single webpage or on a single database; 

(2) ensure that all information required in this section is directly accessible from the single webpage or database; and 

(3) ensure that all information required in this section is 

able to be organized by program or State. 

SEC. 220. (a) The Secretary shall publish in the fiscal year 2018 

budget justification and on Departmental Web sites information 

concerning the employment of full-time equivalent Federal employees or contractors for the purposes of implementing, administering, 

enforcing, or otherwise carrying out the provisions of the ACA, and 

the amendments made by that Act, in the proposed fiscal year and 

each fiscal year since the enactment of the ACA. 

(b) With respect to employees or contractors supported by all 

funds appropriated for purposes of carrying out the ACA (and the 

amendments made by that Act), the Secretary shall include, at a 

minimum, the following information: 

(1) For each such fiscal year, the section of such Act under 

which such funds were appropriated, a statement indicating 

the program, project, or activity receiving such funds, the Federal operating division or office that administers such program, 

and the amount of funding received in discretionary or mandatory appropriations. 

(2) For each such fiscal year, the number of full-time equivalent employees or contracted employees assigned to each authorized and funded provision detailed in accordance with 

paragraph (1). 

(c) In carrying out this section, the Secretary may exclude from 

the report employees or contractors who— 

(1) are supported through appropriations enacted in laws 

other than the ACA and work on programs that existed prior 

to the passage of the ACA; 

(2) spend less than 50 percent of their time on activities 

funded by or newly authorized in the ACA; or 

(3) work on contracts for which FTE reporting is not a requirement of their contract, such as fixed-price contracts. 

SEC. 221. The Secretary shall publish, as part of the fiscal year 

2018 budget of the President submitted under section 1105(a) of 

title 31, United States Code, information that details the uses of 
1245

all funds used by the Centers for Medicare and Medicaid Services 

specifically for Health Insurance Exchanges for each fiscal year 

since the enactment of the ACA and the proposed uses for such 

funds for fiscal year 2018. Such information shall include, for each 

such fiscal year, the amount of funds used for each activity specified under the heading ‘‘Health Insurance Exchange Transparency’’ 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

SEC. 222. (a) The Secretary shall provide to the Committees on 

Appropriations of the House of Representatives and the Senate: 

(1) Detailed monthly enrollment figures from the Exchanges 

established under the Patient Protection and Affordable Care 

Act of 2010 pertaining to enrollments during the open enrollment period; and 

(2) Notification of any new or competitive grant awards, including supplements, authorized under section 330 of the Public Health Service Act. 

(b) The Committees on Appropriations of the House and Senate 

must be notified at least 2 business days in advance of any public 

release of enrollment information or the award of such grants. 

SEC. 223. None of the funds made available by this Act from the 

Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other 

accounts funded by this Act to the ‘‘Centers for Medicare and Medicaid Services—Program Management’’ account, may be used for 

payments under section 1342(b)(1) of Public Law 111–148 (relating 

to risk corridors). 

SEC. 224. In addition to the amounts otherwise available for 

‘‘Centers for Medicare and Medicaid Services, Program Management’’, the Secretary of Health and Human Services may transfer 

up to $305,000,000 to such account from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to support program management activity related 

to the Medicare Program: Provided, That except for the foregoing 

purpose, such funds may not be used to support any provision of 

Public Law 111–148 or Public Law 111–152 (or any amendment 

made by either such Public Law) or to supplant any other amounts 

within such account. 

SEC. 225. The Secretary shall include in the fiscal year 2018 

budget justification an analysis of how section 2713 of the PHS Act 

will impact eligibility for discretionary HHS programs. 

SEC. 226. Effective during the period beginning on November 1, 

2015 and ending January 1, 2019, any provision of law that refers 

(including through cross-reference to another provision of law) to 

the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening, mammography, and prevention shall be administered by the Secretary involved as if— 

(1) such reference to such current recommendations were a 

reference to the recommendations of such Task Force with respect to breast cancer screening, mammography, and prevention last issued before 2009; and 
1246

(2) such recommendations last issued before 2009 applied to 

any screening mammography modality under section 1861(jj) of 

the Social Security Act (42 U.S.C. 1395x(jj)). 

This title may be cited as the ‘‘Department of Health and Human 

Services Appropriations Act, 2017’’. 

TITLE III 

DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

For carrying out title I and subpart 2 of part B of title II of the 

Elementary and Secondary Education Act of 1965 (referred to in 

this Act as ‘‘ESEA’’) and section 418A of the Higher Education Act 

of 1965 (referred to in this Act as ‘‘HEA’’), $16,143,790,000, of 

which $5,225,990,000 shall become available on July 1, 2017, and 

shall remain available through September 30, 2018, and of which 

$10,841,177,000 shall become available on October 1, 2017, and 

shall remain available through September 30, 2018, for academic 

year 2017–2018: Provided, That $6,459,401,000 shall be for basic 

grants under section 1124 of the ESEA: Provided further, That up to $5,000,000 of these funds shall be available to the Secretary of 

Education (referred to in this title as ‘‘Secretary’’) on October 1, 

2016, to obtain annually updated local educational agency-level 

census poverty data from the Bureau of the Census: Provided further, That $1,362,301,000 shall be for concentration grants under 

section 1124A of the ESEA: Provided further, That $3,819,050,000 

shall be for targeted grants under section 1125 of the ESEA: Provided further, That $3,819,050,000 shall be for education finance 

incentive grants under section 1125A of the ESEA: Provided further, That $217,000,000 shall be for carrying out subpart 2 of part 

B of title II: Provided further, That $44,623,000 shall be for carrying out section 418A of the HEA. 

IMPACT AID

For carrying out programs of financial assistance to federally af- fected schools authorized by title VII of the ESEA, $1,328,603,000, 

of which $1,189,233,000 shall be for basic support payments under 

section 7003(b), $48,316,000 shall be for payments for children with 

disabilities under section 7003(d), $17,406,000, to remain available 

for obligation through September 30, 2018, shall be for construction 

under section 7007(b), $68,813,000 shall be for Federal property 

payments under section 7002, and $4,835,000, to remain available 

until expended, shall be for facilities maintenance under section 

7008: Provided, That for purposes of computing the amount of a 

payment for an eligible local educational agency under section 

7003(a) for school year 2016–2017, children enrolled in a school of 

such agency that would otherwise be eligible for payment under 

section 7003(a)(1)(B) of such Act, but due to the deployment of both 

parents or legal guardians, or a parent or legal guardian having 

sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children 

reside on Federal property as described in section 7003(a)(1)(B)), 

are no longer eligible under such section, shall be considered as eli-
1247

gible students under such section, provided such students remain 

in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility 

status.

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by 

part B of title I, part A of title II, subpart 1 of part A of title IV, 

part B of title IV, part B of title V, and parts B and C of title VI 

of the ESEA; the McKinney-Vento Homeless Assistance Act; section 

203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil 

Rights Act of 1964, $4,408,567,000, of which $2,588,002,000 shall 

become available on July 1, 2017, and remain available through 

September 30, 2018, and of which $1,681,441,000 shall become 

available on October 1, 2017, and shall remain available through 

September 30, 2018, for academic year 2017–2018: Provided, That 

$369,100,000 shall be for part B of title I: Provided further, That 

$1,191,673,000 shall be for part B of title IV: Provided further, That $33,397,000 shall be for part B of title VI and may be used 

for construction, renovation, and modernization of any elementary 

school, secondary school, or structure related to an elementary 

school or secondary school, run by the Department of Education of 

the State of Hawaii, that serves a predominantly Native Hawaiian 

student body: Provided further, That $32,453,000 shall be for part 

C of title VI and shall be awarded on a competitive basis, and also 

may be used for construction: Provided further, That $50,000,000 

shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002 and the Secretary shall make such arrangements as determined to be necessary to ensure that the Bureau of Indian Education has access to services provided under this 

section: Provided further, That $16,699,000 shall be available to 

carry out the Supplemental Education Grants program for the Federated States of Micronesia and the Republic of the Marshall Islands: Provided further, That the Secretary may reserve up to 5 

percent of the amount referred to in the previous proviso to provide 

technical assistance in the implementation of these grants: Provided further, That $175,840,000 shall be for part B of title V: Provided further, That $400,000,000 shall be available for grants 

under subpart 1 of part A of title IV: Provided further, That notwithstanding subsections (a) and (b) of section 4105 of such Act, 

each State may use funds reserved under section 4104(a)(1) of such 

Act to award subgrants, on a competitive basis, to local educational 

agencies receiving a grant under part A of title I, or consortia of 

such local educational agencies, of such Act, to enable the agencies 

or consortia to support activities authorized under one or more of 

sections 4107, 4108, and 4109(a) of such Act: Provided further,

That each such subgrant shall be subject to the same terms and 

conditions as an allocation provided under section 4105 of such Act, 

except as otherwise provided in this Act: Provided further, That 

each State that awards such subgrants shall award such subgrants 

with priority given to local educational agencies, or consortia of 

local educational agencies, with the greatest need based on the 

number or percentage of children counted under section 1124(c), in 
1248

a manner that ensures geographic diversity among subgrant recipients representing rural, suburban, and urban areas, and in a manner that distributes the total amount of funds available to the 

State under section 4104(a)(1) consistent with the requirements described in subparagraphs (C) through (E) of section 4106(e)(2) of 

such Act: Provided further, That each such subgrant awarded shall 

be for a term of one year and in an amount of not less than 

$10,000, and a subgrant recipient shall not be subject to any of the 

distribution requirements described in subparagraphs (C) through 

(E) of subsections (e)(2) and (f), of section 4106 of such Act: Provided further, That notwithstanding section 4109(b) of such Act, a 

subgrant recipient using such subgrant funds to carry out only activities authorized under section 4109(a) of such Act may use not 

more than 25 percent of the subgrant funds for purchasing technology infrastructure as described in such section 4109(b): Provided

further, That amounts made available under this heading to a 

State agency awarding such subgrants shall remain available until 

September 30, 2018. 

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise provided, title VI, part A of the ESEA, $164,939,000, of which 

$57,993,000 shall be for subpart 2 of part A of title VI and 

$6,565,000 shall be for subpart 3 of part A of title VI. 

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by subparts 1, 3 and 4 of 

part B of title II, and parts C and D and subparts 1 and 4 of part 

F of title IV of the ESEA, $887,575,000: Provided, That 

$283,015,000 shall be for subparts 1, 3 and 4 of part B of title II 

and shall be made available without regard to sections 2201, 

2231(b) and 2241: Provided further, That $504,560,000 shall be for 

parts C and D and subpart 4 of part F of title IV, and shall be 

made available without regard to sections 4311, 4409(a), and 4601 

of the ESEA: Provided further, That section 4303(d)(3)(A)(i) shall 

not apply to the funds available for part C of title IV: Provided further, That of the funds available for part C of title IV, the Sec- retary shall use not less than $26,000,000 to carry out section 

4304, of which not more than $10,000,000 shall be available to 

carry out section 4304(k), not more than $100,000,000 to carry out 

section 4305(b), and not less than $11,000,000 to carry out the activities in section 4305(a)(3): Provided further, That notwithstanding section 4601(b), $100,000,000 shall be available through 

December 31, 2017 for subpart 1 of part F of title IV. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by subparts 2 and 3 of part 

F of title IV of the ESEA, $151,254,000: Provided, That 

$68,000,000 shall be available for section 4631, of which up to 

$5,000,000, to remain available until expended, shall be for the 

Project School Emergency Response to Violence (‘‘Project SERV’’) 

program to provide education-related services to local educational 

agencies and institutions of higher education in which the learning 
1249

environment has been disrupted due to a violent or traumatic crisis: Provided further, That $10,000,000 shall be available for section 4625: Provided further, That $73,254,000 shall be available 

through December 31, 2017, for section 4624: Provided further,

That section 4623(b) of the ESEA shall apply to funds appropriated 

for Promise Neighborhoods under this heading in prior appropriations acts. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the ESEA, $737,400,000, 

which shall become available on July 1, 2017, and shall remain 

available through September 30, 2018, except that 6.5 percent of 

such amount shall be available on October 1, 2016, and shall remain available through September 30, 2018, to carry out activities 

under section 3111(c)(1)(C). 

SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education Act 

(IDEA) and the Special Olympics Sport and Empowerment Act of 

2004, $13,064,358,000, of which $3,546,259,000 shall become available on July 1, 2017, and shall remain available through September 30, 2018, and of which $9,283,383,000 shall become available on October 1, 2017, and shall remain available through September 30, 2018, for academic year 2017–2018: Provided, That the 

amount for section 611(b)(2) of the IDEA shall be equal to the lesser of the amount available for that activity during fiscal year 2016, 

increased by the amount of inflation as specified in section 

619(d)(2)(B) of the IDEA, or the percent change in the funds appropriated under section 611(i) of the IDEA, but not less than the 

amount for that activity during fiscal year 2016: Provided further, That the Secretary shall, without regard to section 611(d) of the 

IDEA, distribute to all other States (as that term is defined in section 611(g)(2)), subject to the third proviso, any amount by which 

a State’s allocation under section 611, from funds appropriated 

under this heading, is reduced under section 612(a)(18)(B), according to the following: 85 percent on the basis of the States’ relative 

populations of children aged 3 through 21 who are of the same age 

as children with disabilities for whom the State ensures the availability of a free appropriate public education under this part, and 

15 percent to States on the basis of the States’ relative populations 

of those children who are living in poverty: Provided further, That 

the Secretary may not distribute any funds under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States shall allocate such 

funds distributed under the second proviso to local educational 

agencies in accordance with section 611(f): Provided further, That 

the amount by which a State’s allocation under section 611(d) of 

the IDEA is reduced under section 612(a)(18)(B) and the amounts 

distributed to States under the previous provisos in fiscal year 

2012 or any subsequent year shall not be considered in calculating 

the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years: Provided further, That, notwithstanding the 
1250

provision in section 612(a)(18)(B) regarding the fiscal year in which 

a State’s allocation under section 611(d) is reduced for failure to 

comply with the requirement of section 612(a)(18)(A), the Secretary 

may apply the reduction specified in section 612(a)(18)(B) over a 

period of consecutive fiscal years, not to exceed five, until the entire 

reduction is applied: Provided further, That the Secretary may, in 

any fiscal year in which a State’s allocation under section 611 is 

reduced in accordance with section 612(a)(18)(B), reduce the 

amount a State may reserve under section 611(e)(1) by an amount 

that bears the same relation to the maximum amount described in 

that paragraph as the reduction under section 612(a)(18)(B) bears 

to the total allocation the State would have received in that fiscal 

year under section 611(d) in the absence of the reduction: Provided

further, That the Secretary shall either reduce the allocation of 

funds under section 611 for any fiscal year following the fiscal year 

for which the State fails to comply with the requirement of section 

612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to recover funds under section 452 of the General Education Provisions 

Act (20 U.S.C. 1234a): Provided further, That the funds reserved 

under 611(c) of the IDEA may be used to provide technical assistance to States to improve the capacity of the States to meet the 

data collection requirements of sections 616 and 618 and to administer and carry out other services and activities to improve data collection, coordination, quality, and use under parts B and C of the 

IDEA: Provided further, That the Secretary may use funds made 

available for the State Personnel Development Grants program 

under part D, subpart 1 of IDEA to evaluate program performance 

under such subpart. 

REHABILITATION SERVICES

For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973 and the Helen Keller National Center Act, 

$3,535,589,000, of which $3,398,554,000 shall be for grants for vocational rehabilitation services under title I of the Rehabilitation 

Act: Provided, That the Secretary may use amounts provided in 

this Act that remain available subsequent to the reallotment of 

funds to States pursuant to section 110(b) of the Rehabilitation Act 

for innovative activities aimed at improving the outcomes of individuals with disabilities as defined in section 7(20)(B) of the Rehabilitation Act, including activities aimed at improving the education 

and post-school outcomes of children receiving Supplemental Security Income (‘‘SSI’’) and their families that may result in long-term 

improvement in the SSI child recipient’s economic status and selfsufficiency: Provided further, That States may award subgrants for 

a portion of the funds to other public and private, nonprofit entities: Provided further, That any funds made available subsequent 

to reallotment for innovative activities aimed at improving the outcomes of individuals with disabilities shall remain available until 

September 30, 2018. 
1251

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act to promote the Education of the Blind of March 3, 1879, $25,431,000. 

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles I 

and II of the Education of the Deaf Act of 1986, $70,016,000: Provided, That from the total amount available, the Institute may at 

its discretion use funds for the endowment program as authorized 

under section 207 of such Act. 

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model 

Secondary School for the Deaf, and the partial support of Gallaudet 

University under titles I and II of the Education of the Deaf Act 

of 1986, $121,275,000: Provided, That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act. 

CAREER, TECHNICAL, AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the Carl 

D. Perkins Career and Technical Education Act of 2006 and the 

Adult Education and Family Literacy Act (‘‘AEFLA’’), 

$1,720,686,000, of which $929,686,000 shall become available on 

July 1, 2017, and shall remain available through September 30, 

2018, and of which $791,000,000 shall become available on October 

1, 2017, and shall remain available through September 30, 2018: 

Provided, That of the amounts made available for AEFLA, 

$13,712,000 shall be for national leadership activities under section 

242.

STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of the HEA, $24,198,210,000, which shall remain available 

through September 30, 2018. 

The maximum Pell Grant for which a student shall be eligible during award year 2017–2018 shall be $4,860. 

STUDENT AID ADMINISTRATION

For Federal administrative expenses to carry out part D of title 

I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and 

E of title IV of the HEA, and subpart 1 of part A of title VII of 

the Public Health Service Act, $1,576,854,000, to remain available 

through September 30, 2018: Provided, That the Secretary shall allocate new student loan borrower accounts to eligible student loan 

servicers on the basis of their performance compared to all loan 

servicers utilizing established common metrics, and on the basis of 

the capacity of each servicer to process new and existing accounts: 

Provided further, That the Secretary shall, no later than September 

30, 2017, allow student loan borrowers who are consolidating Fed-
1252

eral student loans to select from any student loan servicer to service their new consolidated student loan. 

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, titles II, 

III, IV, V, VI, and VII of the HEA, the Mutual Educational and 

Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, $2,055,439,000: 

Provided, That notwithstanding any other provision of law, funds 

made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange 

Act of 1961 may be used to support visits and study in foreign 

countries by individuals who are participating in advanced foreign 

language training and international studies in areas that are vital 

to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided

further, That of the funds referred to in the preceding proviso up 

to 1 percent may be used for program evaluation, national outreach, and information dissemination activities: Provided further,

That up to 1.5 percent of the funds made available under chapter 

2 of subpart 2 of part A of title IV of the HEA may be used for 

evaluation : Provided further, That, in making awards under section 402C of the HEA with funds appropriated by this Act, the Secretary shall announce new grant awards for which the notice inviting applications was published in the Federal Register on October 

17, 2016 (81 F.R. 71,492) by June 1, 2017, and for all other new 

grant awards under such section by August 1, 2017: Provided further, That, in making continuation grant awards under subpart 2 

of chapter 1 of part A of title IV of the HEA with funds appropriated by this Act, the Secretary shall issue continuation notifications no later than August 1, 2017. 

HOWARD UNIVERSITY

For partial support of Howard University, $221,821,000, of which 

not less than $3,405,000 shall be for a matching endowment grant 

pursuant to the Howard University Endowment Act and shall remain available until expended. 

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA, 

$435,000.

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

For the cost of guaranteed loans, $20,150,000, as authorized pursuant to part D of title III of the HEA, which shall remain available through September 30, 2018: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, 

That these funds are available to subsidize total loan principal, any 
1253

part of which is to be guaranteed, not to exceed $282,212,885: Provided further, That these funds may be used to support loans to 

public and private Historically Black Colleges and Universities 

without regard to the limitations within section 344(a) of the HEA. 

In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $334,000. 

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences 

Reform Act of 2002, the National Assessment of Educational 

Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals 

with Disabilities Education Act, $605,267,000, which shall remain 

available through September 30, 2018: Provided, That funds available to carry out section 208 of the Educational Technical Assistance Act may be used to link Statewide elementary and secondary 

data systems with early childhood, postsecondary, and workforce 

data systems, or to further develop such systems: Provided further,

That up to $6,000,000 of the funds available to carry out section 

208 of the Educational Technical Assistance Act may be used for 

awards to public or private organizations or agencies to support activities to improve data coordination, quality, and use at the local, 

State, and national levels. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $432,000,000, of which up to $1,000,000, to 

remain available until expended, may be for relocation of, and renovation of buildings occupied by, Department staff: Provided, That 

$2,000,000 of the unobligated funds available under this heading 

and ‘‘Student Aid Administration’’ in this and prior appropriations 

acts that may be used for travel, printing, supplies and other administrative expenses shall be available for obligation for the 

Ready to Learn program. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization 

Act, $108,500,000. 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, as authorized by section 212 of the Department of Education Organization Act, $59,256,000. 
1254

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used for the 

transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance 

in any school or school system, or for the transportation of students 

or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any 

school or school system. 

SEC. 302. None of the funds contained in this Act shall be used 

to require, directly or indirectly, the transportation of any student 

to a school other than the school which is nearest the student’s 

home, except for a student requiring special education, to the 

school offering such special education, in order to comply with title 

VI of the Civil Rights Act of 1964. For the purpose of this section 

an indirect requirement of transportation of students includes the 

transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or 

the clustering of schools, or any combination of grade restructuring, 

pairing, or clustering. The prohibition described in this section does 

not include the establishment of magnet schools. 

SEC. 303. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and 

meditation in the public schools. 

(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but 

no such appropriation shall be increased by more than 3 percent 

by any such transfer: Provided, That the transfer authority granted 

by this section shall not be used to create any new program or to 

fund any project or activity for which no funds are provided in this 

Act: Provided further, That the Committees on Appropriations of 

the House of Representatives and the Senate are notified at least 

15 days in advance of any transfer. 

SEC. 305. Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be 

applied by substituting ‘‘2017’’ for ‘‘2016’’. 

SEC. 306. Funds appropriated in this Act and consolidated for 

evaluation purposes under section 8601(c) of the ESEA shall be 

available from July 1, 2017, through September 30, 2018. 

SEC. 307. (a) An institution of higher education that maintains 

an endowment fund supported with funds appropriated for title III 

or V of the HEA for fiscal year 2017 may use the income from that 

fund to award scholarships to students, subject to the limitation in 

section 331(c)(3)(B)(i) of the HEA. The use of such income for such 

purposes, prior to the enactment of this Act, shall be considered to 

have been an allowable use of that income, subject to that limitation.

(b) Subsection (a) shall be in effect until titles III and V of the 

HEA are reauthorized. 
1255

SEC. 308. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is 

amended by striking ‘‘2016’’ and inserting ‘‘2017’’. 

SEC. 309. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is 

amended in paragraph (4) by striking ‘‘2016’’ and inserting ‘‘2017’’. 

(INCLUDING RESCISSION)

SEC. 310. (a) Section 401(b) of the Higher Education Act of 1965 

(20 U.S.C. 1070a(b)) is amended by adding at the end the following: 

‘‘(8)(A) Effective in the 2017–2018 award year and thereafter, 

the Secretary shall award an eligible student not more than 

one and one-half Federal Pell Grants during a single award 

year to permit such student to work toward completion of an 

eligible program if, during that single award year, the student—

‘‘(i) has received a Federal Pell Grant for an award 

year and is enrolled in an eligible program for one or 

more additional payment periods during the same 

award year that are not otherwise fully covered by the 

student’s Federal Pell Grant; and 

‘‘(ii) is enrolled on at least a half-time basis while receiving any funds under this section. 

‘‘(B) In the case of a student receiving more than one 

Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the 

maximum basic grant level specified in the appropriate appropriations Act for such award year. 

‘‘(C) Any period of study covered by a Federal Pell Grant 

awarded under subparagraph (A) shall be included in determining a student’s duration limit under subsection 

(c)(5).

‘‘(D) In any case where an eligible student is receiving 

a Federal Pell Grant for a payment period that spans two 

award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the 

award year to which the additional period shall be assigned, as it determines is most beneficial to students.’’. 

(b) Section 401(b)(7)(A)(iv)(VII) of the Higher Education Act of 

1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(VII)) is amended by striking 

‘‘$1,574,000,000’’ and inserting ‘‘$1,320,000,000’’. 

(RESCISSION)

SEC. 311. Of the unobligated balances available from Public Law 

114–113 under the heading ‘‘Student Financial Assistance’’ for carrying out subpart 1 of part A of title IV of the HEA, $1,310,000,000 

are hereby rescinded. 

This title may be cited as the ‘‘Department of Education Appropriations Act, 2017’’. 
1256

TITLE IV 

RELATED AGENCIES 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

For expenses necessary for the Committee for Purchase From 

People Who Are Blind or Severely Disabled established under section 8502 of title 41, United States Code, $8,000,000: Provided, That in order to authorize any central nonprofit agency designated 

pursuant to section 8503(c) of title 41, United States Code, to perform contract requirements of the Committee as prescribed under 

section 51–3.2 of title 41, Code of Federal Regulations, the Committee shall enter into a written agreement with any such central 

nonprofit agency: Provided further, That such agreement entered 

into under the preceding proviso shall contain such auditing, oversight, and reporting provisions as necessary to implement chapter 

85 of title 41, United States Code: Provided further, That such 

agreement shall include the elements listed under this heading in 

the explanatory statement accompanying Public Law 114–113: Provided further, That a fee may not be charged under section 51–3.5 

of title 41, Code of Federal Regulations, unless such fee is under 

the terms of the written agreement between the Committee and 

any such central nonprofit agency: Provided further, That no less 

than $1,000,000 shall be available for the Office of Inspector General.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

OPERATING EXPENSES

For necessary expenses for the Corporation for National and 

Community Service (referred to in this title as ‘‘CNCS’’) to carry 

out the Domestic Volunteer Service Act of 1973 (referred to in this 

title as ‘‘1973 Act’’) and the National and Community Service Act 

of 1990 (referred to in this title as ‘‘1990 Act’’), $736,029,000, notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 

501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided under this heading: (1) up to 1 percent of program grant 

funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle; (2) $16,538,000 shall be 

available to provide assistance to State commissions on national 

and community service, under section 126(a) of the 1990 Act and 

notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) 

$30,000,000 shall be available to carry out subtitle E of the 1990 

Act; and (4) $3,800,000 shall be available for expenses authorized 

under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding 

the provisions of section 198P shall be awarded by CNCS on a competitive basis: Provided further, That for the purposes of carrying 

out the 1990 Act, satisfying the requirements in section 

122(c)(1)(D) may include a determination of need by the local community.
1257

PAYMENT TO THE NATIONAL SERVICE TRUST

(INCLUDING TRANSFER OF FUNDS)

For payment to the National Service Trust established under 

subtitle D of title I of the 1990 Act, $206,842,000, to remain available until expended: Provided, That CNCS may transfer additional 

funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I of the 1990 Act to the 

National Service Trust upon determination that such transfer is 

necessary to support the activities of national service participants 

and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That amounts appropriated for or transferred to the National 

Service Trust may be invested under section 145(b) of the 1990 Act 

without regard to the requirement to apportion funds under 31 

U.S.C. 1513(b). 

SALARIES AND EXPENSES

For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 

Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official 

reception and representation expenses, $81,737,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $5,750,000. 

ADMINISTRATIVE PROVISIONS

SEC. 401. CNCS shall make any significant changes to program 

requirements, service delivery or policy only through public notice 

and comment rulemaking. For fiscal year 2017, during any grant 

selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding 

such selection, directly or indirectly, to any person other than an 

officer or employee of CNCS that is authorized by CNCS to receive 

such information. 

SEC. 402. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share 

requirement of 24 percent for the first 3 years that they receive 

AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, 

Code of Federal Regulations, without regard to the operating costs 

match requirement in section 121(e) or the member support Federal share limitations in section 140 of the 1990 Act, and subject 

to partial waiver consistent with section 2521.70 of title 45, Code 

of Federal Regulations. 

SEC. 403. Donations made to CNCS under section 196 of the 

1990 Act for the purposes of financing programs and operations 

under titles I and II of the 1973 Act or subtitle B, C, D, or E of 
1258

title I of the 1990 Act shall be used to supplement and not supplant current programs and operations. 

SEC. 404. In addition to the requirements in section 146(a) of the 

1990 Act, use of an educational award for the purpose described in 

section 148(a)(4) shall be limited to individuals who are veterans 

as defined under section 101 of the Act. 

SEC. 405. For the purpose of carrying out section 189D of the 

1990 Act— 

(1) entities described in paragraph (a) of such section shall 

be considered ‘‘qualified entities’’ under section 3 of the National Child Protection Act of 1993 (‘‘NCPA’’); 

(2) individuals described in such section shall be considered 

‘‘volunteers’’ under section 3 of NCPA; and 

(3) State Commissions on National and Community Service 

established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent with Public Law 92–544. 

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting (‘‘CPB’’), 

as authorized by the Communications Act of 1934, an amount 

which shall be available within limitations specified by that Act, 

for the fiscal year 2019, $445,000,000: Provided, That none of the 

funds made available to CPB by this Act shall be used to pay for 

receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That none of the 

funds made available to CPB by this Act shall be available or used 

to aid or support any program or activity from which any person 

is excluded, or is denied benefits, or is discriminated against, on 

the basis of race, color, national origin, religion, or sex: Provided

further, That none of the funds made available to CPB by this Act 

shall be used to apply any political test or qualification in selecting, 

appointing, promoting, or taking any other personnel action with 

respect to officers, agents, and employees of CPB: Provided further,

That none of the funds made available to CPB by this Act shall be 

used to support the Television Future Fund or any similar purpose. 

In addition, for the costs associated with replacing and upgrading 

the public broadcasting interconnection system, $50,000,000. 

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it by the 

Labor-Management Relations Act, 1947, including hire of passenger motor vehicles; for expenses necessary for the Labor-Management Cooperation Act of 1978; and for expenses necessary for 

the Service to carry out the functions vested in it by the Civil Service Reform Act, $46,650,000, including up to $900,000 to remain 

available through September 30, 2018, for activities authorized by 

the Labor-Management Cooperation Act of 1978: Provided, That 

notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, for special training activities and other conflict resolution serv-
1259

ices and technical assistance, including those provided to foreign 

governments and international organizations, and for arbitration 

services shall be credited to and merged with this account, and 

shall remain available until expended: Provided further, That fees 

for arbitration services shall be available only for education, training, and professional development of the agency workforce: Provided further, That the Director of the Service is authorized to accept and use on behalf of the United States gifts of services and 

real, personal, or other property in the aid of any projects or functions within the Director’s jurisdiction. 

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health Review Commission, $17,184,000. 

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

For carrying out the Museum and Library Services Act of 1996 

and the National Museum of African American History and Culture Act, $231,000,000. 

MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1900 of the Social Se- curity Act, $7,765,000. 

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social Security Act, $11,925,000, to be transferred to this appropriation from 

the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. 

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability as 

authorized by title IV of the Rehabilitation Act of 1973, $3,250,000. 

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board 

to carry out the functions vested in it by the Labor-Management 

Relations Act, 1947, and other laws, $274,224,000: Provided, That 

no part of this appropriation shall be available to organize or assist 

in organizing agricultural laborers or used in connection with in-
1260

vestigations, hearings, directives, or orders concerning bargaining 

units composed of agricultural laborers as referred to in section 

2(3) of the Act of July 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as defined in section 3(f) of the 

Act of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, 

nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes. 

ADMINISTRATIVE PROVISIONS

SEC. 406. None of the funds provided by this Act or previous Acts 

making appropriations for the National Labor Relations Board may 

be used to issue any new administrative directive or regulation 

that would provide employees any means of voting through any 

electronic means in an election to determine a representative for 

the purposes of collective bargaining. 

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway 

Labor Act, including emergency boards appointed by the President, 

$13,800,000.

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health Review Commission, $13,225,000. 

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized 

under section 15(d) of the Railroad Retirement Act of 1974, 

$25,000,000, which shall include amounts becoming available in 

fiscal year 2017 pursuant to section 224(c)(1)(B) of Public Law 98– 

76; and in addition, an amount, not to exceed 2 percent of the 

amount provided herein, shall be available proportional to the 

amount by which the product of recipients and the average benefit 

received exceeds the amount available for payment of vested dual 

benefits: Provided, That the total amount provided herein shall be 

credited in 12 approximately equal amounts on the first day of 

each month in the fiscal year. 

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for the 

payment of benefits under the Railroad Retirement Act for interest 

earned on unnegotiated checks, $150,000, to remain available 

through September 30, 2018, which shall be the maximum amount 

available for payment pursuant to section 417 of Public Law 98– 

76.
1261

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board 

(‘‘Board’’) for administration of the Railroad Retirement Act and 

the Railroad Unemployment Insurance Act, $113,500,000, to be derived in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad 

unemployment insurance administration fund: Provided, That notwithstanding section 7(b)(9) of the Railroad Retirement Act this 

limitation may be used to hire attorneys only through the excepted 

service: Provided further, That the previous proviso shall not 

change the status under Federal employment laws of any attorney 

hired by the Railroad Retirement Board prior to January 1, 2013. 

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General for 

audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $10,000,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. 

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund, as 

provided under sections 201(m) and 1131(b)(2) of the Social Security Act, $11,400,000. 

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603, section 212 of Public Law 93–66, 

as amended, and section 405 of Public Law 95–216, including payment to the Social Security trust funds for administrative expenses 

incurred pursuant to section 201(g)(1) of the Social Security Act, 

$43,618,163,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the current 

fiscal year and not obligated by the State during that year shall be 

returned to the Treasury: Provided further, That not more than 

$58,000,000 shall be available for research and demonstrations 

under sections 1110, 1115, and 1144 of the Social Security Act, and 

remain available through September 30, 2019. 

For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for 

unanticipated costs incurred for the current fiscal year, such sums 

as may be necessary. 

For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2018, $15,000,000,000, 

to remain available until expended. 

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger 

motor vehicles, and not to exceed $20,000 for official reception and 
1262

representation expenses, not more than $12,357,945,000 may be expended, as authorized by section 201(g)(1) of the Social Security 

Act, from any one or all of the trust funds referred to in such section: Provided, That not less than $2,300,000 shall be for the Social 

Security Advisory Board: Provided further, That, $90,000,000 to remain available through September 30, 2018, shall be used for activities to address the hearing backlog within the Office of Disability Adjudication and Review: Provided further, That unobligated balances of funds provided under this paragraph at the end 

of fiscal year 2017 not needed for fiscal year 2017 shall remain 

available until expended to invest in the Social Security Administration information technology and telecommunications hardware 

and software infrastructure, including related equipment and nonpayroll administrative expenses associated solely with this information technology and telecommunications infrastructure: Provided

further, That the Commissioner of Social Security shall notify the 

Committees on Appropriations of the House of Representatives and 

the Senate prior to making unobligated balances available under 

the authority in the previous proviso: Provided further, That reimbursement to the trust funds under this heading for expenditures 

for official time for employees of the Social Security Administration 

pursuant to 5 U.S.C. 7131, and for facilities or support services for 

labor organizations pursuant to policies, regulations, or procedures 

referred to in section 7135(b) of such title shall be made by the Secretary of the Treasury, with interest, from amounts in the general 

fund not otherwise appropriated, as soon as possible after such expenditures are made. 

Of the total amount made available under this heading, not more than $1,819,000,000, to remain available through March 31, 2018, 

is for the costs associated with continuing disability reviews under 

titles II and XVI of the Social Security Act, including work-related 

continuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to engage in 

substantial gainful activity, for the cost associated with conducting 

redeterminations of eligibility under title XVI of the Social Security 

Act, for the cost of co-operative disability investigation units, and 

for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys: Provided, That, of such 

amount, $273,000,000 is provided to meet the terms of section 

251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit 

Control Act of 1985, as amended, and $1,546,000,000 is additional 

new budget authority specified for purposes of section 251(b)(2)(B) 

of such Act: Provided further, That the Commissioner shall provide 

to the Congress (at the conclusion of the fiscal year) a report on the 

obligation and expenditure of these funds, similar to the reports 

that were required by section 103(d)(2) of Public Law 104–121 for 

fiscal years 1996 through 2002. 

In addition, $123,000,000 to be derived from administration fees 

in excess of $5.00 per supplementary payment collected pursuant 

to section 1616(d) of the Social Security Act or section 212(b)(3) of 

Public Law 93–66, which shall remain available until expended. To 

the extent that the amounts collected pursuant to such sections in 

fiscal year 2017 exceed $123,000,000, the amounts shall be avail-
1263

able in fiscal year 2018 only to the extent provided in advance in 

appropriations Acts. In addition, up to $1,000,000 to be derived from fees collected 

pursuant to section 303(c) of the Social Security Protection Act, 

which shall remain available until expended. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$29,787,000, together with not to exceed $75,713,000, to be transferred and expended as authorized by section 201(g)(1) of the Social 

Security Act from the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund. 

In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration, 

to be merged with this account, to be available for the time and 

purposes for which this account is available: Provided, That notice 

of such transfers shall be transmitted promptly to the Committees 

on Appropriations of the House of Representatives and the Senate 

at least 15 days in advance of any transfer. 

TITLE V 

GENERAL PROVISIONS 

(TRANSFER OF FUNDS)

SEC. 501. The Secretaries of Labor, Health and Human Services, 

and Education are authorized to transfer unexpended balances of 

prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be 

used for the same purpose, and for the same periods of time, for 

which they were originally appropriated. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. (a) No part of any appropriation contained in this Act 

or transferred pursuant to section 4002 of Public Law 111–148 

shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the 

preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation 

before the Congress or any State or local legislature or legislative 

body, except in presentation to the Congress or any State or local 

legislature itself, or designed to support or defeat any proposed or 

pending regulation, administrative action, or order issued by the 

executive branch of any State or local government, except in presentation to the executive branch of any State or local government 

itself.

(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be 
1264

used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, 

regulation, administrative action, or Executive order proposed or 

pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal 

and recognized executive-legislative relationships or participation 

by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive 

branch of that government. 

(c) The prohibitions in subsections (a) and (b) shall include any 

activity to advocate or promote any proposed, pending or future 

Federal, State or local tax increase, or any proposed, pending, or 

future requirement or restriction on any legal consumer product, 

including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 

SEC. 504. The Secretaries of Labor and Education are authorized 

to make available not to exceed $28,000 and $20,000, respectively, 

from funds available for salaries and expenses under titles I and 

III, respectively, for official reception and representation expenses; 

the Director of the Federal Mediation and Conciliation Service is 

authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for 

‘‘Federal Mediation and Conciliation Service, Salaries and Expenses’’; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation 

expenses not to exceed $5,000 from funds available for ‘‘National 

Mediation Board, Salaries and Expenses’’. 

SEC. 505. When issuing statements, press releases, requests for 

proposals, bid solicitations and other documents describing projects 

or programs funded in whole or in part with Federal money, all 

grantees receiving Federal funds included in this Act, including but 

not limited to State and local governments and recipients of Federal research grants, shall clearly state— 

(1) the percentage of the total costs of the program or project 

which will be financed with Federal money; 

(2) the dollar amount of Federal funds for the project or program; and 

(3) percentage and dollar amount of the total costs of the 

project or program that will be financed by non-governmental 

sources.

SEC. 506. (a) None of the funds appropriated in this Act, and 

none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion. 

(b) None of the funds appropriated in this Act, and none of the 

funds in any trust fund to which funds are appropriated in this 

Act, shall be expended for health benefits coverage that includes 

coverage of abortion. 

(c) The term ‘‘health benefits coverage’’ means the package of 

services covered by a managed care provider or organization pursuant to a contract or other arrangement. 

SEC. 507. (a) The limitations established in the preceding section 

shall not apply to an abortion— 
1265

(1) if the pregnancy is the result of an act of rape or incest; 

or

(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the 

pregnancy itself, that would, as certified by a physician, place 

the woman in danger of death unless an abortion is performed. 

(b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person 

of State, local, or private funds (other than a State’s or locality’s 

contribution of Medicaid matching funds). 

(c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering 

abortion coverage or the ability of a State or locality to contract 

separately with such a provider for such coverage with State funds 

(other than a State’s or locality’s contribution of Medicaid matching 

funds).

(d)(1) None of the funds made available in this Act may be made 

available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the 

basis that the health care entity does not provide, pay for, provide 

coverage of, or refer for abortions. 

(2) In this subsection, the term ‘‘health care entity’’ includes an 

individual physician or other health care professional, a hospital, 

a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. 

SEC. 508. (a) None of the funds made available in this Act may 

be used for— 

(1) the creation of a human embryo or embryos for research 

purposes; or 

(2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or 

death greater than that allowed for research on fetuses in 

utero under 45 CFR 46.204(b) and section 498(b) of the Public 

Health Service Act (42 U.S.C. 289g(b)). 

(b) For purposes of this section, the term ‘‘human embryo or embryos’’ includes any organism, not protected as a human subject 

under 45 CFR 46 as of the date of the enactment of this Act, that 

is derived by fertilization, parthenogenesis, cloning, or any other 

means from one or more human gametes or human diploid cells. 

SEC. 509. (a) None of the funds made available in this Act may 

be used for any activity that promotes the legalization of any drug 

or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled 

Substances Act except for normal and recognized executive-congressional communications. 

(b) The limitation in subsection (a) shall not apply when there is 

significant medical evidence of a therapeutic advantage to the use 

of such drug or other substance or that federally sponsored clinical 

trials are being conducted to determine therapeutic advantage. 

SEC. 510. None of the funds made available in this Act may be 

used to promulgate or adopt any final standard under section 
1266

1173(b) of the Social Security Act providing for, or providing for the 

assignment of, a unique health identifier for an individual (except 

in an individual’s capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.

SEC. 511. None of the funds made available in this Act may be 

obligated or expended to enter into or renew a contract with an entity if— 

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in 38 U.S.C. 4212(d) 

regarding submission of an annual report to the Secretary of 

Labor concerning employment of certain veterans; and 

(2) such entity has not submitted a report as required by 

that section for the most recent year for which such requirement was applicable to such entity. 

SEC. 512. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 513. None of the funds made available by this Act to carry 

out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of 

such Act, as amended by the Children’s Internet Protection Act, 

unless such library has made the certifications required by paragraph (4) of such section. 

SEC. 514. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by 

this Act that remain available for obligation or expenditure in fiscal year 2017, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted;

(4) relocates an office or employees; 

(5) reorganizes or renames offices; 

(6) reorganizes programs or activities; or 

(7) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of 

such reprogramming or of an announcement of intent relating to 

such reprogramming, whichever occurs earlier, and are notified in 

writing 10 days in advance of such reprogramming. 

(b) None of the funds provided under this Act, or provided under 

previous appropriations Acts to the agencies funded by this Act 

that remain available for obligation or expenditure in fiscal year 

2017, or provided from any accounts in the Treasury of the United 

States derived by the collection of fees available to the agencies 

funded by this Act, shall be available for obligation or expenditure 
1267

through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that— 

(1) augments existing programs, projects (including construction projects), or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent as 

approved by Congress; or 

(3) results from any general savings from a reduction in personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; 

unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of 

such reprogramming or of an announcement of intent relating to 

such reprogramming, whichever occurs earlier, and are notified in 

writing 10 days in advance of such reprogramming. 

SEC. 515. (a) None of the funds made available in this Act may 

be used to request that a candidate for appointment to a Federal 

scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds 

with respect to political issues not directly related to and necessary 

for the work of the committee involved. 

(b) None of the funds made available in this Act may be used to 

disseminate information that is deliberately false or misleading. 

SEC. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an 

operating plan that details at the program, project, and activity 

level any funding allocations for fiscal year 2017 that are different 

than those specified in this Act, the accompanying detailed table in 

the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act), or the fiscal year 

2017 budget request. 

SEC. 517. The Secretaries of Labor, Health and Human Services, 

and Education shall each prepare and submit to the Committees on 

Appropriations of the House of Representatives and the Senate a 

report on the number and amount of contracts, grants, and cooperative agreements exceeding $500,000 in value and awarded by the 

Department on a non-competitive basis during each quarter of fiscal year 2017, but not to include grants awarded on a formula basis 

or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees 

within 30 days after the end of the quarter for which the report 

is submitted. 

SEC. 518. None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of Social Security, for 

purposes of administering Social Security benefit payments under 

title II of the Social Security Act, to process any claim for credit 

for a quarter of coverage based on work performed under a social 

security account number that is not the claimant’s number and the 

performance of such work under such number has formed the basis 

for a conviction of the claimant of a violation of section 208(a)(6) 

or (7) of the Social Security Act. 
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SEC. 519. None of the funds appropriated by this Act may be 

used by the Commissioner of Social Security or the Social Security 

Administration to pay the compensation of employees of the Social 

Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the social security system established by title II of the Social Security Act and the 

social security system of Mexico, which would not otherwise be payable but for such agreement. 

SEC. 520. Notwithstanding any other provision of this Act, no 

funds appropriated in this Act shall be used to purchase sterile 

needles or syringes for the hypodermic injection of any illegal drug: 

Provided, That such limitation does not apply to the use of funds 

for elements of a program other than making such purchases if the 

relevant State or local health department, in consultation with the 

Centers for Disease Control and Prevention, determines that the 

State or local jurisdiction, as applicable, is experiencing, or is at 

risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in 

accordance with State and local law. 

SEC. 521. (a) None of the funds made available in this Act may 

be used to maintain or establish a computer network unless such 

network blocks the viewing, downloading, and exchanging of pornography.

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 

SEC. 522. None of the funds made available under this or any 

other Act, or any prior Appropriations Act, may be provided to the 

Association of Community Organizations for Reform Now 

(ACORN), or any of its affiliates, subsidiaries, allied organizations, 

or successors. 

SEC. 523. For purposes of carrying out Executive Order 13589, 

Office of Management and Budget Memorandum M–12–12 dated 

May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures: 

(1) the operating divisions of HHS shall be considered independent agencies; and 

(2) attendance at and support for scientific conferences shall 

be tabulated separately from and not included in agency totals. 

SEC. 524. Federal agencies funded under this Act shall clearly 

state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the 

communication is printed, published, or produced and disseminated 

at U.S. taxpayer expense. The funds used by a Federal agency to 

carry out this requirement shall be derived from amounts made 

available to the agency for advertising or other communications regarding the programs and activities of the agency. 

SEC. 525. (a) Federal agencies may use Federal discretionary 

funds that are made available in this Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall be governed by the 

provisions of section 526 of division H of Public Law 113–76, except 

that in carrying out such Pilots section 526 shall be applied by sub-
1269

stituting ‘‘FISCAL YEAR 2017’’ for ‘‘FISCAL YEAR 2014’’ in the title 

of subsection (b) and by substituting ‘‘September 30, 2021’’ for 

‘‘September 30, 2018’’ each place it appears: Provided, That such 

pilots shall include communities that have experienced civil unrest. 

(b) In addition, Federal agencies may use Federal discretionary 

funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the 

authority provided by section 526 of division H of Public Law 113– 

76, section 524 of division G of Public Law 113–235, and section 

525 of division H of Public Law 114–113. 

(c) Pilot sites selected under authorities in this Act and prior appropriations Acts may be granted by relevant agencies up to an additional 5 years to operate under such authorities. 

SEC. 526. Not later than 30 days after the end of each calendar 

quarter, beginning with the first quarter of fiscal year 2013, the 

Departments of Labor, Health and Human Services and Education 

and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate 

a quarterly report on the status of balances of appropriations: Provided, That for balances that are unobligated and uncommitted, 

committed, and obligated but unexpended, the quarterly reports 

shall separately identify the amounts attributable to each source 

year of appropriation (beginning with fiscal year 2012, or, to the 

extent feasible, earlier fiscal years) from which balances were derived.

SEC. 527. Section 5 of the Special Olympics Sport and Empowerment Act of 2004 (Public Law 108–406; 118 Stat. 2296) is amended—

(1) in paragraph (1), by striking all that follows after ‘‘3(a),’’ 

and inserting ‘‘such sums as may be necessary for fiscal year 

2017 and each of the 4 succeeding fiscal years;’’; 

(2) in paragraph (2), by striking all that follows after ‘‘3(b),’’ 

and inserting ‘‘such sums as may be necessary for fiscal year 

2017 and each of the 4 succeeding fiscal years; and’’; and 

(3) in paragraph (3), by striking all that follows after ‘‘3(c),’’ 

and inserting ‘‘such sums as may be necessary for fiscal year 

2017 and each of the 4 succeeding fiscal years.’’. 

(RESCISSION)

SEC. 528. Of the funds made available for fiscal year 2017 under 

section 3403 of Public Law 111–148, $15,000,000 are rescinded. 

SEC. 529. Amounts deposited in the Child Enrollment Contingency Fund from the appropriation to the Fund for the first semiannual allotment period for fiscal year 2017 under section 

2104(n)(2)(A)(ii) of the Social Security Act and the income derived 

from investment of those funds pursuant to section 2104(n)(2)(C) of 

that Act, shall not be available for obligation in this fiscal year. 

(RESCISSION)

SEC. 530. Of any available amounts appropriated under section 

108 of Public Law 111–3, as amended, $541,900,000 are hereby rescinded.
1270

(RESCISSION)

SEC. 531. Of the funds made available for purposes of carrying out section 2105(a)(3) of the Social Security Act, $5,750,000,000 are 

hereby rescinded. 

(RESCISSION)

SEC. 532. Of any available amounts appropriated under section 301(b)(3) of Public Law 114-10, $1,132,000,000 are hereby rescinded.

SEC. 533. As of the date of enactment of this Act, section 170(b) 

of the Continuing Appropriations Act, 2017 (division C of Public 

Law 114–223), as amended by the Further Continuing and Security 

Assistance Appropriations Act, 2017 (Public Law 114-254), shall no 

longer have any force or effect: Provided, That any amounts made 

available pursuant to that section of that Act as of the date of enactment of this Act shall remain available until September 30, 

2017: Provided further, That if any amounts made available pursuant to that section of that Act remain unobligated as of the date 

of enactment of this Act, then the balances available from those 

amounts shall be hereby rescinded immediately upon enactment of 

this Act. 

This division may be cited as the ‘‘Departments of Labor, Health 

and Human Services, and Education, and Related Agencies Appropriations Act, 2017’’. 
(1271)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H3949 of Book III. 

[CLERK’S NOTE: Reproduced below is the material relating to division H contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2017 

In implementing this agreement, the Departments and agencies 

should be guided by the language and instructions set forth in 

House Report 114–699 accompanying the House bill, H.R. 5926, 

and Senate Report 114–274 accompanying the Senate bill, S. 3040. 

Where the explanatory statement speaks to an issue that was addressed in the House or Senate reports, the explanatory statement 

should supersede the language in the House or Senate reports. In 

cases where the House Report and the Senate Report address a 

particular issue not specifically cited in the explanatory statement, 

the House Report and the Senate Report should be complied with 

and carry the same emphasis as the language included in the explanatory statement. 

Each department and agency funded in this Act shall follow the 

directions set forth in this Act and the accompanying statement, 

and shall not reallocate resources or reorganize activities except as 

provided herein. Funds for individual programs and activities are 

displayed in the detailed table at the end of the explanatory statement for this division. Funding levels that are not displayed in the 

detailed table are identified within this explanatory statement. Any 

action to eliminate or consolidate programs, projects, and activities 

should be pursued through a proposal in the President’s Budget so 

it can be considered by the Committees on Appropriations of the 

House of Representatives and the Senate. 

Congressional Reports.—Each Department and agency is directed 

to provide the Committees on Appropriations of the House of Representatives and the Senate, within 30 days of enactment of this 

Act and quarterly thereafter, a summary describing each requested 

report to the Committees on Appropriations along with its status. 
1272

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

Reintegration of Ex-Offenders.—The agreement includes 

$88,078,000 for ex–offender retraining and reintegration activities, 

of which $25,000,000 is for competitive grants to national and regional intermediaries. Efforts to build partnerships with employers 

at the local level and to focus training on in-demand skills are 

strongly supported. In lieu of the report required by the House Report 114–699, the Department of Labor (DOL) is directed to provide 

detailed information in the fiscal year 2018 budget justification on 

efforts undertaken to date as well as any new activities or requirements that are intended to build effective industry partnerships 

and job-placement services, offer industry-recognized credentials, 

and focus training on high-demand occupations. Other than the reporting requirement, House and Senate report language is not superseded.

Apprenticeship Grants.—The agreement includes $95,000,000 to 

support Apprenticeship Grants, an increase of $5,000,000 above fiscal year 2016. The Department is directed to build on the success 

of the ApprenticeshipUSA program and continue funding innovative, job-driven approaches that expand apprenticeship programs in 

high-growth and new industries. In 2015 women comprised nearly 

half of the national labor force, but they made up less than ten percent of registered apprentices. The Department is directed to 

prioritize grant applications that engage, recruit, and serve women 

and other under-represented populations. 

JOB CORPS

The agreement includes $1,704,155,000 for Job Corps, including 

$32,330,000 for administration, $1,587,325,000 for operations, and 

$84,500,000 for construction. The safety and security of students, 

staff, and facilities remains a very high priority. The Department 

is expected to use the increases in funding as necessary to 

prioritize safety and security improvements across the Job Corps 

system.

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

The agreement includes $115,000,000, the same amount as fiscal 

year 2016, for the reemployment services and eligibility assessment 

program. The amount reflects continued strong support for a program that has been shown to reduce improper payments and to 

provide intensive, individualized intervention for unemployment 

compensation beneficiaries to help return them fully and quickly to 

the workforce. The agreement maintains Senate language clarifying flexibility for local workforce agencies to target ex-service 

member claimants, those most likely to exhaust benefits, as well as 
1273

claimants from a variety of backgrounds and lengths of time receiving benefits as local officials deem necessary based on local needs. 

The agreement includes $50,000,000 for the continued support of 

State consortia to modernize their Unemployment Insurance tax 

and benefit systems. The Department is expected to apply the full 

$50,000,000 to this purpose, including assistance to State consortia 

as needed to comply with requirements of 26 U.S.C. 6103(l)(10)(B). 

The agreement notes a provision in the preamble for the Interim 

Final Rule (IFR) issued by the U.S. Citizenship and Immigration 

Services and DOL in 2015 regarding H–2B mobile housing policy. 

The IFR was issued without the public review and comment period 

afforded in a typical rulemaking process, in order to continue operation of the program. DOL is urged to engage with all stakeholders 

to assess impacts of the housing policy in industries requiring a 

mobile workforce. 

Unemployment Insurance (UI) Center of Excellence.—The agreement includes $5,500,000 for the UI Center of Excellence (Center), 

an increase of $2,500,000 above the fiscal year 2016 level. The increase of $2,500,000 is intended as a payment on behalf of States 

to the entity operating the Center. 

OFFICE OF WORKERS’ COMPENSATION PROGRAMS

The Office of Workers’ Compensation Programs (OWCP) has established a Program Integrity unit and data analytics team to identify and remedy areas of improper payments and fraud. Despite 

these advancements, OWCP has been reticent to act quickly in addressing reports of possibly improper and fraudulent payments associated with compound drugs. Therefore, OWCP shall issue a report within 120 days after the date of enactment of this Act on its 

plan to strengthen OWCP’s role in evaluating these payments, including enhanced utilization of program integrity measures in developing and implementing corrective actions for the timely identification and remediation of fraudulent and improper payments for 

programs it administers. 

MINE SAFETY AND HEALTH ADMINISTRATION

The Mine Safety and Health Administration (MSHA) is directed 

to provide assistance and data necessary for the National Academy 

of Sciences study previously provided in the Centers for Disease 

Control and Prevention, National Institute of Occupational Safety 

and Health account. MSHA is directed to report to the Committees 

on Appropriations of the House of Representatives and the Senate 

and authorizing committees of jurisdiction within 72 hours of determining that compliance rates under the new sampling protocols 

taking effect in 2016 fall below 95 percent, and to provide such 

committees with quarterly reports on actual compliance rates 

under the new coal dust rule. 

The agreement includes new language providing authority to use 

State grants funds for the purchase and maintenance of equipment 

required under the respirable coal dust standard. The authority is 

intended to assist entities determined by the Secretary to have 

demonstrated financial need to comply with the new regulation. 
1274

The authority is not intended to be used for entities restructuring 

operations under bankruptcy laws. 

IT MODERNIZATION

The agreement includes funding for the continuation of information technology (IT) modernization efforts. The Department is directed to take a risk–based approach to allocating fiscal year 2017 

development funds and prioritize development projects that will result in more secure and cost-effective IT systems. Within 180 days 

of enactment of this Act, the Department is directed to submit a 

comprehensive update on the status of all IT development projects. 

This report should address both projects funded through the IT 

Modernization account as well as development projects being undertaken by individual agencies and offices. The report should provide information for each project including the name and type of 

project, current status including total expenditures to date, projected timelines to completion, expected improvements in agency 

processes, customer service and performance, total expected cost of 

development, expected annual cost of maintenance upon completion, and anticipated annual savings and cost avoidance from replacing or shutting down legacy systems. 

GENERAL PROVISIONS

The agreement includes new transfer authority within the Employment and Training Administration to conduct program integrity activities. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

Of the available funding for fiscal year 2017, bill language directs 

that not less than $50,000,000 shall be awarded for services related 

to the treatment, prevention, and awareness of opioid abuse. In addition, not less than $50,000,000 will be awarded for services related to mental health. 

Native Hawaiian Health Care.—The agreement expects that not 

less than $14,400,000 be provided for the Native Hawaiian Health 

Care Program. 

HEALTH WORKFORCE

In response to the opioid epidemic, the agreement encourages 

medical schools and teaching hospitals to enhance existing curricular content on substance abuse and pain management for future prescribers. The agreement supports efforts by the Health Resources and Services Administration (HRSA), through its Title VII 

health professions programs, to provide educational and training 

grants to medical schools and teaching hospitals to develop innovative educational materials related to substance use disorders and 

pain management. 
1275

Oral Health Training.—The agreement includes an additional 

$800,000 for the Dental Faculty Loan Repayment Program under 

section 748 of the Public Health Service Act. The agreement directs 

HRSA to publish a new funding opportunity announcement and to 

give preference in grant awards to pediatric dentistry faculty supervising residents and to applicants providing clinical services in 

dental clinics located in dental schools, hospitals, or communitybased affiliated sites. 

MATERNAL AND CHILD HEALTH

Maternal and Child Health Block Grant.—The agreement includes language setting aside $80,593,000 for Special Projects of 

Regional and National Significance (SPRANS). The agreement provides the following amounts within SPRANS: 

Budget Activity FY 2017 

Agreement

Set-aside for oral health .......................................................................................................................................... $5,250,000 

Set-aside for epilepsy .............................................................................................................................................. 3,642,000 

Set-aside for sickle cell disease .............................................................................................................................. 3,000,000 

Set-aside for fetal alcohol syndrome ....................................................................................................................... 477,000 

Children’s Health and Development.—The agreement provides an 

additional $3,500,000 within SPRANS and directs HRSA to fund a 

study focused on improving child health through a Statewide system of early childhood developmental screenings and interventions. 

Priority shall be given to States with high rates of poverty among 

children under age 5, low rates of early childhood developmental 

screenings, and high rates of low birthweight infants with resultant complications of prematurity, developmental delays, and other 

health problems in early childhood. A successful program shall involve leaders in early childhood wellbeing, including State officials 

in health and education, as well as medical specialists in pediatrics. The end goal of the program should be to yield a model for 

other States to utilize in improving child health and development 

outcomes among diverse populations. 

Autism and Other Developmental Disorders.—The agreement 

provides $47,099,000 for the Autism and Other Developmental Disorders program and directs that HRSA provide not less than 

$29,490,000 for the Leadership Education in Neurodevelopmental 

and Related Disabilities (LEND) program. The increase will help 

the LEND program initiate or expand work in the area of interdisciplinary leadership training to meet the needs of children with 

Autism Spectrum Disorders and related developmental disabilities. 

Heritable Disorders Program.—The agreement provides 

$13,883,000 for the Heritable Disorders Program, of which 

$2,000,000 is provided for newborn screening for Severe Combined 

Immune Deficiency and related disorders. 

HEALTH CARE SYSTEMS

340B Drug Program.—HRSA is requested to provide a briefing to 

the Committees on Appropriations of the House of Representatives 

and the Senate on the status of the secure website within 90 days 

of enactment of this Act. 
1276

RURAL HEALTH

Rural Health Outreach.—The agreement provides $65,500,000 

for the Rural Health Outreach program. The agreement provides 

not more than $12,514,000 for Outreach Service Grants; not less 

than $15,000,000 for Rural Network Development Grants; not less 

than $12,000,000 for Delta States Network Grant Program; not less 

than $2,200,000 for Network Planning Grants; and not more than 

$6,500,000 for Small Healthcare Provider Quality Improvement 

Grants.

Delta States Rural Development Network Grant Program.—The

agreement provides an additional $2,000,000 to support HRSA’s 

collaboration with the Delta Regional Authority to develop a pilot 

program to help underserved rural communities identify and better 

address their health care needs and to help small rural hospitals 

improve their financial and operational performance. 

Rural Hospital Flexibility Grant Program.—The agreement provides an additional $2,000,000 for rural hospital flexibility grant 

program. With the additional funds, HRSA is directed to issue a 

new funding opportunity announcement. The agreement directs 

HRSA to give preference in grant awards to Critical Access Hospitals serving rural communities with high rates of poverty, unemployment, and substance abuse. 

Telehealth.—The agreement provides an additional $1,500,000 

for telehealth. The agreement directs HRSA to develop a plan to 

create a telehealth center of excellence to test the efficacy of telehealth services in both urban and rural geographic locations. HHS 

should consider a public academic medical center with demonstrated success, a high volume of annual telehealth visits, and 

established programs that provide telehealth services in medically 

underserved areas with high chronic disease prevalence and high 

poverty rates. The selected site should also have established a reimbursement structure that allows telehealth services to be financially self-sustaining. The agreement allocates not less than 

$7,300,000 for the Telehealth Network Grant Program. For the additional new funds for the Telehealth Network Grant Program, 

HRSA is directed to issue a new funding opportunity announcement, giving preference in grant awards to small hospitals serving 

communities with high rates of poverty, unemployment, and substance abuse. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

The agreement includes $6,273,503,000 for the Centers for Disease Control and Prevention (CDC), which includes $6,258,503,000 

in discretionary funding and $15,000,000 in Public Health and Social Services Emergency Fund (PHSSEF) unobligated balances 

from pandemic influenza supplemental appropriations. This provides a total program level of $7,255,161,000, which includes 

$35,000,000 in emergency funding for Flint, Michigan and 

$891,300,000 in transfers from the Prevention and Public Health 

Fund (PPH Fund). In addition, the Zika Response and Preparedness Appropriations Act, 2016 provided $394,000,000 to prevent, 

prepare for, and respond to the Zika virus. 
1277

IMMUNIZATION AND RESPIRATORY DISEASES

The agreement includes a total of $794,350,000 for Immunization and Respiratory Diseases, which includes $455,000,000 in discretionary appropriations, $324,350,000 in transfers from the PPH 

Fund, and $15,000,000 in transfers from PHSSEF unobligated balances. Within this total, the agreement includes the following 

amounts:

Budget Activity FY 2017 

Agreement

Section 317 Immunization Program ..................................................................................................... $606,792,000 

Influenza Planning and Response ....................................................................................................... 187,558,000 

PHSSEF Unobligated Balances.—The agreement directs the Secretary to make these funds available within 30 days of enactment. 

Human Papillomavirus (HPV) Vaccination Rates.—The agreement urges the CDC to expand outreach and coordination with 

other agencies to increase HPV vaccination rates. The CDC is encouraged to develop and implement an awareness campaign that 

informs clinicians, parents, and local immunization programs about 

the severity and prevalence of HPV-related cancers and the cancer 

prevention benefits of the vaccine. The CDC is directed to provide 

an update in the fiscal year 2018 budget justification on its strategy to increase HPV vaccination rates. 

HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND

TUBERCULOSIS PREVENTION

The agreement includes $1,117,278,000 for HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases and Tuberculosis Prevention. 

Within this total, the agreement includes the following amounts: 

Budget Activity FY 2017 Agreement 

Domestic HIV/AIDS Prevention and Research ...................................................................................... $788,712,000

HIV Prevention by Health Departments ....................................................................................... 397,161,000

HIV Surveillance .......................................................................................................................... 119,861,000 

Activities to Improve Program Effectiveness .............................................................................. 103,208,000

National, Regional, Local, Community and Other Organizations ............................................... 135,401,000 

School Health .............................................................................................................................. 33,081,000 

Viral Hepatitis ...................................................................................................................................... 34,000,000 

Sexually Transmitted Infections ........................................................................................................... 152,310,000 

Tuberculosis .......................................................................................................................................... 142,256,000 

Hepatitis C Testing.—New research suggests that the percentage 

of individuals born between 1945 and 1965 that have been tested 

for the hepatitis C virus remains very low and has not substantially increased, despite recommendations from CDC and the U.S. 

Preventive Services Task Force that all members of this generation 

be tested at least once. CDC is strongly urged to develop a public 

health strategy to increase testing rates by raising awareness of 

these recommendations among healthcare providers and those at 

risk of infection. 

EMERGING AND ZOONOTIC INFECTIOUS DISEASES

The agreement includes $584,922,000 for Emerging and Zoonotic 

Infectious Diseases, which includes $532,922,000 in discretionary 
1278

appropriations and $52,000,000 in transfers from the PPH Fund. 

Within this total, the agreement includes the following amounts: 

Budget Activity FY 2017 Agreement 

Antibiotic Resistance Initiative ............................................................................................................ $163,000,000 

Lab Safety and Quality ........................................................................................................................ 8,000,000 

All Other Infectious Diseases ............................................................................................................... 29,840,000 

Vector-borne Diseases .......................................................................................................................... 26,410,000 

Lyme Disease ........................................................................................................................................ 10,700,000 

Prion Disease ........................................................................................................................................ 6,000,000 

Chronic Fatigue Syndrome ................................................................................................................... 5,400,000 

Emerging Infectious Diseases .............................................................................................................. 147,000,000 

Food Safety ........................................................................................................................................... 54,000,000 

National Healthcare Safety Network .................................................................................................... 21,000,000 

Quarantine ............................................................................................................................................ 31,572,000 

Advanced Molecular Detection ............................................................................................................. 30,000,000 

Epidemiology and Lab Capacity program ............................................................................................ 40,000,000 

Healthcare-Associated Infections ......................................................................................................... 12,000,000 

CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

The agreement includes $1,115,596,000 for Chronic Disease Prevention and Health Promotion, which includes $777,646,000 in discretionary appropriations and $337,950,000 in transfers from the 

PPH Fund. Within this total, the agreement includes the following 

amounts:

Budget Activity FY 2017 Agreement 

Tobacco ................................................................................................................................................. $205,000,000 

Nutrition, Physical Activity, and Obesity .............................................................................................. 49,920,000 

High Obesity Rate Counties ........................................................................................................ 10,000,000 

School Health ....................................................................................................................................... 15,400,000 

Health Promotion .................................................................................................................................. 14,025,000 

Glaucoma ..................................................................................................................................... 3,300,000 

Visual Screening Education ........................................................................................................ 525,000 

Alzheimer’s Disease ..................................................................................................................... 3,500,000 

Inflammatory Bowel Disease ....................................................................................................... 750,000 

Interstitial Cystitis ....................................................................................................................... 850,000 

Excessive Alcohol Use ................................................................................................................. 3,000,000 

Chronic Kidney Disease ............................................................................................................... 2,100,000 

Prevention Research Centers ............................................................................................................... 25,461,000 

Heart Disease and Stroke .................................................................................................................... 130,037,000 

Diabetes ................................................................................................................................................ 140,129,000 

National Diabetes Prevention Program ................................................................................................ 22,500,000 

Cancer Prevention and Control ............................................................................................................ 356,674,000 

Breast and Cervical Cancer ........................................................................................................ 210,000,000 

WISEWOMAN ........................................................................................................................ 21,120,000 

Breast Cancer Awareness for Young Women .............................................................................. 4,960,000 

Cancer Registries ........................................................................................................................ 49,440,000 

Colorectal Cancer ........................................................................................................................ 43,294,000 

Comprehensive Cancer ................................................................................................................ 19,675,000 

Johanna’s Law ............................................................................................................................. 5,500,000 

Ovarian Cancer ............................................................................................................................ 8,000,000 

Prostate Cancer ........................................................................................................................... 13,205,000 

Skin Cancer ................................................................................................................................. 2,125,000 

Cancer Survivorship Resource Center ......................................................................................... 475,000

Oral Health ........................................................................................................................................... 18,000,000 

Safe Motherhood/Infant Health ............................................................................................................ 46,000,000 

Preterm Birth ............................................................................................................................... 2,000,000 

Arthritis ................................................................................................................................................. 11,000,000 

Epilepsy ................................................................................................................................................ 8,500,000 

National Lupus Patient Registry .......................................................................................................... 6,000,000 

Racial and Ethnic Approaches to Community Health (REACH) .......................................................... 50,950,000 

Good Health and Wellness in Indian Country ............................................................................. 16,000,000
1279

Budget Activity FY 2017 Agreement 

Million Hearts ....................................................................................................................................... 4,000,000 

National Early Child Care Collaboratives ............................................................................................ 4,000,000 

Hospitals Promoting Breastfeeding ...................................................................................................... 8,000,000 

Tobacco.—The agreement includes funds for tobacco use prevention and cessation activities for adults and children. 

Heart Disease & Stroke and Diabetes.—The agreement includes $130,037,000 and $140,129,000 for the Heart Disease & Stroke and 

Diabetes prevention formula programs. The Partnerships to Improve Community Health (PICH) program, which received 

$60,000,000 equally distributed between these lines last year for 

close-out activities, concluded in fiscal year 2016. The agreement 

does not include funding for continuation of PICH activities. The 

Division of Community Health is directed to follow directions provided in Senate Report 114–274 in regards to evaluation plans, 

data, or analysis related to the PICH program and related programs.

National Diabetes Prevention Program (NDPP).—The agreement includes $22,500,000 for the NDPP, an increase of $2,500,000 over 

the fiscal year 2016 level, and directs all new funds to support new 

program providers, including a focus on rural providers. 

Racial and Ethnic Approaches to Community Health (REACH).— The agreement includes $50,950,000 for the REACH program. 

Within the total amount, $34,950,000 is provided to begin a new 

five-year cooperative agreement for community programs and 

$16,000,000 is for Good Health and Wellness in Indian Country, as 

described in House Report 114–699. The CDC is urged to fund only 

the most effective approaches and implement evidence- and practice-based strategies in racial and ethnic communities with all future grant announcements. 

BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES

The agreement includes $137,560,000 for Birth Defects and Developmental Disabilities. Within the total for Birth Defects and Developmental Disabilities, the agreement includes the following 

amounts:

Budget Activity FY 2017 

Agreement

Child Health and Development ................................................................................................................................ $65,800,000 

Birth Defects ................................................................................................................................................... 19,000,000 

Fetal Death ...................................................................................................................................................... 900,000 

Fetal Alcohol Syndrome ................................................................................................................................... 11,000,000 

Folic Acid ......................................................................................................................................................... 3,150,000 

Infant Health ................................................................................................................................................... 8,650,000 

Autism ............................................................................................................................................................. 23,100,000 

Health and Development for People with Disabilities ............................................................................................. 56,660,000 

Disability & Health .......................................................................................................................................... 24,000,000 

Tourette Syndrome ........................................................................................................................................... 2,000,000 

Early Hearing Detection and Intervention ....................................................................................................... 10,760,000 

Muscular Dystrophy ......................................................................................................................................... 6,000,000 

Attention Deficit Hyperactivity Disorder .......................................................................................................... 1,900,000 

Fragile X .......................................................................................................................................................... 2,000,000 

Spina Bifida .................................................................................................................................................... 6,000,000 

Congenital Heart Failure ................................................................................................................................. 4,000,000 

Public Health Approach to Blood Disorders ............................................................................................................. 4,400,000 

Hemophilia CDC Activities ....................................................................................................................................... 3,500,000 
1280

Budget Activity FY 2017 

Agreement

Hemophilia Treatment Centers ................................................................................................................................. 5,100,000 

Thalassemia ............................................................................................................................................................. 2,100,000 

Health and Development with Disabilities.—The agreement in- cludes $6,700,000 for the Healthy Athletes program. 

Hereditary Hemorrhagic Telangiectasia (HHT) Pilot.—The agree- ment provides an increase of $100,000 in the Hemophilia Treatment Centers line to support a collaborative pilot model that enables up to three existing Federally-funded Hemophilia Treatment 

Centers (HTC) to serve as specialty centers for the evaluation and 

management of HHT. These additional funds are provided to support the first year of a two-year pilot program and should be 

awarded to an existing HTC with the capacity and expertise to 

evaluate the data produced in the two-year pilot. 

PUBLIC HEALTH SCIENTIFIC SERVICES

The agreement includes a total of $489,397,000 for Public Health 

Scientific Services in discretionary appropriations. Within the total 

for Public Health Scientific Services, the agreement includes the 

following amounts: 

Budget Activity FY 2017 Agreement 

Health Statistics ............................................................................................................................................. $160,397,000 

Surveillance, Epidemiology, and Informatics ................................................................................................. 279,000,000 

Lab Training .......................................................................................................................................... 5,000,000 

Public Health Workforce ................................................................................................................................. 50,000,000 

ENVIRONMENTAL HEALTH

The agreement includes $180,750,000 for Environmental Health 

programs, which includes $163,750,000 in discretionary appropriations, and $17,000,000 in transfers from the PPH Fund. The agreement provides support for CDC’s environmental health research, 

evaluation, and surveillance activities. These activities are intended to be complementary to the biomedical research conducted 

at the National Institute of Environmental Health Sciences. Within 

this total, the agreement includes the following amounts: 

Budget Activity FY 2017 

Agreement

Environmental Health Laboratory ............................................................................................................................. $56,150,000 

Newborn Screening Quality Assurance Program ............................................................................................. 8,400,000 

Newborn Screening/Severe Combined Immuno-deficiency Diseases .............................................................. 1,250,000

Environmental Health Activities ............................................................................................................................... 44,600,000 

Environmental Health Activities ...................................................................................................................... 16,000,000 

Safe Water ....................................................................................................................................................... 8,600,000 

Amyotrophic Lateral Sclerosis Registry ........................................................................................................... 10,000,000 

Climate Change ............................................................................................................................................... 10,000,000 

Environmental and Health Outcome Tracking Network ........................................................................................... 34,000,000 

Asthma ..................................................................................................................................................................... 29,000,000 

Childhood Lead Poisoning ........................................................................................................................................ 17,000,000 

Vitamin D.—The agreement notes that vitamin D is an essential 

nutrient. In 2010, the Institute of Medicine published a Dietary 

Reference Intake (DRI) for vitamin D that found that the evidence 

supports a role for vitamin D in bone health but not in other health 
1281

conditions. It further found that emerging evidence indicates that 

too much vitamin D may be harmful. The agreement requests an 

update in the fiscal year 2018 budget justification on the current 

state of the science around vitamin D including what health benefits, if any, vitamin D offers other than bone health. The agreement 

also requests an update in the fiscal year 2018 budget justification 

on any plans for an update of the DRI for vitamin D. 

Skin Cancer.—The agreement notes a concern about rising rates 

of skin cancer, the most common form of cancer in the United 

States. The agreement requests an update in the fiscal year 2018 

budget justification on the current state of the science around skin 

cancer prevention including the link between sun exposure and 

skin cancer. 

INJURY PREVENTION AND CONTROL

The agreement includes $286,059,000 for Injury Prevention and 

Control activities. Within this total, the agreement includes the following amounts: 

Budget Activity FY 2017 

Agreement

Intentional Injury ...................................................................................................................................................... $97,730,000 

Domestic Violence and Sexual Violence .......................................................................................................... 32,700,000 

Child Maltreatment ......................................................................................................................................... 7,250,000 

Youth Violence Prevention ............................................................................................................................... 15,100,000 

Domestic Violence Community Projects .......................................................................................................... 5,500,000 

Rape Prevention .............................................................................................................................................. 44,430,000 

National Violent Death Reporting System ................................................................................................................ 16,000,000 

Unintentional Injury .................................................................................................................................................. 8,800,000 

Traumatic Brain Injury .................................................................................................................................... 6,750,000 

Elderly Falls ..................................................................................................................................................... 2,050,000 

Injury Prevention Activities ....................................................................................................................................... 28,950,000 

Opioid Prescription Drug Overdose .......................................................................................................................... 112,000,000 

Illicit Opioid Use Risk Factors ................................................................................................................................. 13,579,000 

Injury Control Research Centers .............................................................................................................................. 9,000,000 

Opioid Prescription Drug Overdose (PDO) Prevention Activity.— The agreement continues strong support for PDO prevention activities. In such, it reiterates its support for the interconnected language in both the House and Senate reports on this issue. Further, 

it notes within the funds provided for PDO prevention, no less than 

$107,000,000 shall be used to support core PDO activities with the 

remaining funds available to support, as needed, the prescription 

guideline distribution efforts. 

Prescription Drug Monitoring Program.—In case a State does not 

have a prescription drug monitoring program, a county, consortium, or other unit of local government within the State that has 

a prescription drug monitoring program or has submitted an application to establish a prescription drug monitoring program shall be 

treated as a State for the purpose of this activity. 

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

The agreement includes a total of $335,200,000 for the National 

Institute for Occupational Safety and Health (NIOSH) in discretionary appropriations. Within the total for NIOSH, the agreement 

includes the following amounts: 
1282

Budget Activity FY 2017 Agreement 

National Occupational Research Agenda ............................................................................................. $116,000,000 

Agriculture, Forestry, Fishing ...................................................................................................... 25,500,000 

Education and Research Centers ......................................................................................................... 29,000,000 

Personal Protective Technology ............................................................................................................ 20,000,000 

Mining Research ................................................................................................................................... 59,500,000 

Other Occupational Safety and Health Research ................................................................................ 109,600,000

National Mesothelioma Registry and Tissue Bank .............................................................................. 1,100,000

Total Worker Health.—The agreement provides funding in the 

Other Occupational Safety and Health Research line to continue to 

support the Total Worker Health program at no less than the fiscal 

year 2016 level. 

ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

PROGRAM

The agreement includes $55,358,000 in mandatory funding for 

CDC’s responsibilities with respect to the Energy Employee Occupational Illness Compensation Program. 

GLOBAL HEALTH

The agreement includes $435,121,000 for Global Health activities. Within this total, the agreement includes the following 

amounts:

Budget Activity FY 2017 Agreement 

Global AIDS Program ............................................................................................................................ $128,421,000 

Global Immunization Program .............................................................................................................. 224,000,000 

Polio Eradication ......................................................................................................................... 174,000,000 

Measles and Other Vaccine Preventable Diseases ..................................................................... 50,000,000 

Parasitic Diseases/Malaria ................................................................................................................... 24,500,000 

Global Public Health Protection ........................................................................................................... 58,200,000 

Global Disease Detection and Emergency Response .................................................................. 48,400,000 

Global Public Health Capacity .................................................................................................... 9,800,000 

Global Disease Detection.—The agreement provides an increase 

of $3,000,000 for the Global Disease Detection program. The agreement directs the additional funds to be used to support existing 

longitudinal, population-based infectious disease surveillance platforms that enable comparative analysis between urban and rural 

populations in the developing world. 

PUBLIC HEALTH PREPAREDNESS AND RESPONSE

The agreement includes $1,405,000,000 for public health preparedness and response activities. Within the total for Public 

Health Preparedness and Response, the agreement includes the following amounts: 

Budget Activity FY 2017 Agreement 

Public Health Emergency Preparedness Cooperative Agreements ....................................................... $660,000,000 

Academic Centers for Public Health Preparedness ............................................................................. 8,200,000

CDC Preparedness and Response ........................................................................................................ 161,800,000 

BioSense ...................................................................................................................................... 23,000,000 

All Other CDC Preparedness ....................................................................................................... 138,800,000 

Strategic National Stockpile ................................................................................................................. 575,000,000 
1283

BUILDINGS AND FACILITIES

The agreement includes $10,000,000 for Buildings and Facilities. 

CDC-WIDE ACTIVITIES

The agreement includes $273,570,000 for CDC-wide activities, 

which includes $113,570,000 in discretionary appropriations and 

$160,000,000 in transfers from the PPH Fund. Within this total, 

the agreement includes the following amounts: 

Budget Activity FY 2017 Agreement 

Preventative Health and Health Services Block Grant ........................................................................ $160,000,000

Public Health Leadership and Support ................................................................................................ 113,570,000 

Sodium.—The agreement directs the Director of CDC, within 90 

days of enactment of this Act, to enter into an arrangement with 

the National Academy of Medicine (NAM) to develop a dietary reference intake report for sodium that takes into consideration studies on all-cause mortality. The agreement directs the CDC to provide a copy of the charter with NAM to the Committees on Appropriations of the House of Representatives and the Senate and to include an update in the fiscal year 2018 budget justification on the 

timeline for the report. 

NATIONAL INSTITUTES OF HEALTH

The agreement provides $34,084,000,000 for the National Institutes of Health (NIH) activities, including $352,000,000 from the 

21st Century Cures Act, an increase of $2,000,000,000, or 6.2 percent, above fiscal year 2016. In addition, $152,000,000 was provided to the National Institute of Allergy and Infectious Diseases 

in the Zika Response and Preparedness Appropriations Act, 2016 

to research the Zika virus infection and for the preclinical and clinical development of vaccine and other countermeasures for the Zika 

virus and other vector-borne diseases. 

The agreement continues the commitment to funding research on 

Alzheimer’s disease and increases funding by $400,000,000 to a 

total of $1,391,000,000 in fiscal year 2017; increases funding for the 

Precision Medicine Initiative by $120,000,000; increases funding for 

the Brain Research through Advancing Innovative 

Neurotechnologies (BRAIN) Initiative by $110,000,000, and increases funding for antibiotic resistance research by $50,000,000. 

In addition, a funding increase above fiscal year 2016 is provided 

to every Institute and Center to continue investments in research 

that will save lives, lead to new drug and device development, reduce health care costs, and improve the lives of all Americans. 

Funding from the 21st Century Cures Act was previously appropriated for fiscal year 2017 by section 194 of the Continuing Appropriations Act, 2017. Per the authorization, $300,000,000 is transferred to the National Cancer Institute for cancer research and 

$52,000,000 will be allocated from the NIH Innovation Fund, in 

this agreement reflected in the Office of the Director, for the Precision Medicine Initiative cohort ($40,000,000), the BRAIN Initiative 

($10,000,000), and regenerative medicine research ($2,000,000). 
1284

The agreement increases funding for the Clinical and 

Translational Science Awards to $516,120,000; increases funding 

for the Institutional Development Award to $333,361,000; and continues to support the National Children’s Study Follow-on program 

at $165,000,000. 

The Common Fund is supported as a set-aside within the Office 

of the Director at $695,456,000, which includes $12,600,000 to support pediatric research as authorized by the Gabriella Miller Kids 

First Research Act. 

The agreement expects the 6.2 percent increase of funds over the 

fiscal year 2016 level to support an increase in the number of new 

and competing Research Project Grants. 

The agreement expects NIH to support a consistent NIH-wide inflationary policy across all ICs that is no less than the general increase provided to all ICs (3.0 percent) for non-competing grants. 

The agreement expects that NIH will continue its focus on 

emerging investigators and first-time renewals of these young investigators with actions to significantly reduce the average age of 

an NIH-supported new investigator. 

The agreement expects NIH to support the number of Ruth L. 

Kirschstein National Research Service Awards and other training 

grants in proportion to at least the general IC level funding increase. The agreement expects NIH to provide a stipend level and 

inflationary increase to grantees that is at least consistent with 

any fiscal year 2017 Federal employee pay raise. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

Chronic Obstructive Pulmonary Disease (COPD).—The agreement 

expects CDC and NIH to work together to complete the COPD action plan on a timely basis and report on the implementation of the 

recommendations of the plan in the fiscal year 2018 budget justification.

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS)

Science Education Partnership Awards (SEPA).—SEPA fosters 

important connections between biomedical researchers and K–12 

teachers and their students. These connections establish an education pipeline to careers in biomedical sciences, which is one of the 

most important areas of workforce development in the U.S. economy. The agreement expects SEPA to receive not less than 

$18,541,000, the fiscal year 2016 level, and transfers SEPA funding 

to NIGMS following NIH’s transfer of the program earlier this 

year.

NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES

(NIMHD)

Research Centers in Minority Institutions (RCMIs).—The agreement continues to support the core mission of RCMIs to develop 

new investigators from under-represented communities and to conduct world-class biomedical research that emphasizes minority 

health and health disparities. The agreement expects the RCMIs to 

receive not less than $58,461,000, which is the fiscal year 2016 
1285

level plus the proportional share of the general increase provided 

to NIMHD. 

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES (NCATS)

Clinical and Translational Science Awards (CTSA) Program.—

The agreement includes additional funding for the CTSA program 

to ensure that recommendations from the 2013 Institute of Medicine report can be implemented without reducing the total number 

of CTSA awards. The agreement directs NCATS to maintain the 

number of CTSA awards—including the number of clinical and 

translational research institutions—at no less than the fiscal year 

2016 level. 

OFFICE OF THE DIRECTOR

Gabriella Miller Kids First Research Act.—The agreement continues bill language for specific funds authorized by the Gabriella 

Miller Kids First Research Act within the Common Fund to support the third year of the 10–year Pediatric Research Initiative. 

The agreement requests an update in the fiscal year 2018 budget 

justification on this effort as described in the House and Senate reports.

Clinical Center Reorganization.—The ongoing restructuring of 

the NIH Clinical Center (CC) to ensure patient safety and care 

after last year’s highly critical Food and Drug Administration 

(FDA) inspection of the CC Pharmacy remains a high priority. NIH 

has started the reorganization laid out in the Red Team’s recommendations, including hiring a new CC director and establishing 

a comprehensive oversight and compliance office. These steps 

should greatly reduce risks, increase assurance of participant safety, and improve research quality. The agreement directs NIH to 

continue providing timely updates on the reorganization to the 

Committees on Appropriations of the House of Representatives and 

the Senate, including an update in the fiscal year 2018 budget justification.

Natural Products.—The agreement commends the FDA for 

issuing draft guidance related to botanical drug products. There are 

reports that many alternative and potentially life-saving products 

are already helping those for whom traditional treatment is not 

enough or is ineffective. The agreement encourages the NIH, including NCCIH and NCI, and other Federal entities that fund cancer research, to speed development and testing of natural products 

and their derivatives, with the goal of accelerating the designation 

of Investigational New Drug applications to promising products. 

These drugs and their trials represent a promising complement to 

cancer treatment and the agreement urges NIH to conduct clinical 

trials in regions with disproportionally high cancer burden and late 

stage presentation. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

(SAMHSA)

The agreement continues bill language directing the Assistant 

Secretary for Mental Health and Substance Use to exempt the 

Mental Health Block Grant and the Substance Abuse Prevention 
1286

and Treatment (SAPT) Block Grant from being used as a source for 

the PHS evaluation set-aside in fiscal year 2017, as was done prior 

to fiscal year 2012. Within the total for SAMHSA, the agreement 

includes $20,000,000 to support programs authorized in the Comprehensive Addiction and Recovery Act of 2016, P.L. 114–198. 

MENTAL HEALTH

Within the total provided for Mental Health Programs of Regional and National Significance (PRNS), the agreement includes 

the following amounts: 

Budget Activity FY 2017 Agreement 

Capacity:

Seclusion & Restraint ........................................................................................................................... $1,147,000 

Project Aware State Grants ................................................................................................................... 57,001,000 

Mental Health First Aid ......................................................................................................................... 14,963,000 

Healthy Transitions ................................................................................................................................ 19,951,000 

National Child Traumatic Stress Network ............................................................................................. 48,887,000 

Children and Family Programs ............................................................................................................. 7,229,000 

Consumer and Family Network Grants ................................................................................................. 4,954,000 

Mental Health System Transformation and Health Reform .................................................................. 3,779,000

Project LAUNCH ..................................................................................................................................... 23,605,000 

Primary and Behavioral Health Care Integration ................................................................................. 49,877,000

National Strategy for Suicide Prevention .............................................................................................. 11,000,000 

Zero Suicide .................................................................................................................................. 9,000,000

American Indian and Alaska Native ................................................................................... 2,000,000

Suicide Lifeline ...................................................................................................................................... 7,198,000 

Garrett Lee Smith—Youth Suicide Prevention—States ....................................................................... 35,427,000

Garrett Lee Smith—Youth Suicide Prevention—Campus .................................................................... 6,488,000 

American Indian and Alaskan Native Suicide Prevention Initiative ..................................................... 2,931,000 

Homelessness Prevention Programs ...................................................................................................... 30,696,000 

Tribal Behavioral Grants ....................................................................................................................... 15,000,000 

Minority AIDS ......................................................................................................................................... 9,224,000 

Criminal and Juvenile Justice Programs ............................................................................................... 4,269,000 

Assisted Outpatient Treatment ............................................................................................................. 15,000,000 

Science and Service: 

Garrett Lee Smith—Suicide Prevention Resource Center .................................................................... 5,988,000

Practice Improvement and Training ...................................................................................................... 7,828,000 

Primary/Behavioral Health Integration T.A. ........................................................................................... 1,991,000 

Consumer & Consumer Support T.A. Centers ....................................................................................... 1,918,000

Minority Fellowship Program ................................................................................................................. 8,059,000 

Disaster Response ................................................................................................................................. 1,953,000 

Homelessness ........................................................................................................................................ 2,296,000 

Project AWARE.—Of the amount provided for Project AWARE, the agreement directs SAMHSA to use $10,000,000 for discretionary grants to support efforts in high–crime, high–poverty areas 

and, in particular, communities that are seeking to address relevant impacts and root causes of civil unrest. These grants should 

maintain the same focus as fiscal year 2016 grants and continue 

to be coordinated with the Department of Education grants. 

Project LAUNCH.—The agreement provides continuation funding 

for all existing grant activities. 

National Strategy for Suicide Prevention.—The agreement pro- vides $11,000,000 for the National Strategy for Suicide Prevention, 

an increase of $9,000,000 above the fiscal year 2016 level. Of this 

amount, $9,000,000 is for the Zero Suicide initiative. The Zero Suicide initiative is a comprehensive, multi-setting approach to suicide 

prevention in health systems. The agreement also supports a set- 
1287

aside for American Indian/Alaska Native populations of $2,000,000 

within the total for Zero Suicide. 

SUBSTANCE ABUSE TREATMENT

Within the total provided for Substance Abuse Treatment Programs of Regional and National Significance, the agreement includes the following amounts: 

Budget Activity FY 2017 Agreement

Capacity:

Opioid Treatment Programs/Regulatory Activities ........................................................................................ $8,724,000 

Screening, Brief Intervention, Referral, and Treatment ................................................................................ 30,000,000 

PHS Evaluation Funds .......................................................................................................................... 2,000,000

Targeted Capacity Expansion—General ....................................................................................................... 67,192,000 

Medication-Assisted Treatment for Prescription Drug and Opioid Addiction ...................................... 56,000,000 

Pregnant & Postpartum Women .................................................................................................................... 19,931,000 

Improving Access to Overdose Treatment ..................................................................................................... 1,000,000 

Building Communities of Recovery ............................................................................................................... 3,000,000 

Recovery Community Services Program ........................................................................................................ 2,434,000 

Children and Families ................................................................................................................................... 29,605,000 

Treatment Systems for Homeless .................................................................................................................. 36,386,000 

Minority AIDS ................................................................................................................................................. 65,570,000 

Criminal Justice Activities ............................................................................................................................. 78,000,000 

Science and Service: 

Addiction Technology Transfer Centers ......................................................................................................... 9,046,000 

Minority Fellowship Program ......................................................................................................................... 3,539,000 

Medication-Assisted Treatment for Prescription Drug and Opioid 

Addiction.—The agreement provides $56,000,000 for the Medication-Assisted Treatment for Prescription Drug and Opioid Addiction program. SAMHSA is directed to support continuation grants 

and expand the program to additional States. SAMHSA is directed 

to include as an allowable use medication–assisted treatment and 

other clinically appropriate services to achieve and maintain abstinence from all opioids and heroin. SAMHSA is directed to give 

preference in grant awards to treatment regimens that are less 

susceptible to diversion for illicit purposes. These grants should 

target States with the highest age adjusted rates of admissions, including those that have demonstrated a dramatic age adjusted increase in admissions for the treatment of opioid use disorders. 

Criminal Justice Activities.—The agreement provides 

$78,000,000 for Criminal Justice Activities and directs that no less 

than $60,000,000 will be used exclusively for Drug Court activities. 

SAMHSA is directed to ensure that all Drug Treatment Court 

funding is allocated to serve people diagnosed with a substance use 

disorder as their primary condition. SAMHSA is further directed to 

ensure that all drug treatment court grant recipients work directly 

with the corresponding State substance abuse agency in the planning, implementation, and evaluation of the grant. SAMHSA is further directed to expand training and technical assistance to drug 

treatment court grant recipients to ensure evidence–based practices 

are fully implemented. 

Pregnant and Postpartum Women.—The agreement includes an increase of $4,000,000 for grants authorized under section 501 of 

the Comprehensive Addiction and Recovery Act of 2016, P.L. 114– 

198. Consistent with the authorization, the additional funding will 

be used to fund pilot programs to address treatment gaps for preg-
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nant and postpartum women with substance use disorders, including opioid use disorders. 

Substance Abuse Prevention and Treatment Block Grant-Overdose 

Fatality Prevention.—The agreement reflects strong concerns about 

the increasing number of unintentional overdose deaths attributable to prescription and nonprescription opioids. SAMHSA is 

urged to take steps to encourage and support the use of Substance 

Abuse and Prevention Block Grant funds for opioid safety education and training, including initiatives that improve access for licensed healthcare professionals, including paramedics, to emergency devices used to rapidly reverse the effects of opioid 

overdoses. Such initiatives should incorporate robust evidence 

based intervention training, and facilitate linkage to treatment and 

recovery services. 

SUBSTANCE ABUSE PREVENTION

Within the total provided for Substance Abuse Prevention Programs of Regional and National Significance, the agreement includes the following amounts: 

Budget Activity FY 2017 Agree- ment

Capacity:

Strategic Prevention Framework/Partnerships for Success .......................................................................... $109,484,000 

Strategic Prevention Framework Rx. ............................................................................................................. 10,000,000 

Grants to Prevent Prescription Drug/Opioid Overdose .................................................................................. 12,000,000 

First Responder Training ............................................................................................................................... 12,000,000 

Rural Set-aside .................................................................................................................................... 6,000,000

Mandatory Drug Testing ................................................................................................................................ 4,894,000 

Minority AIDS ................................................................................................................................................. 41,205,000 

Sober Truth on Preventing Underage Drinking (STOP Act) ........................................................................... 7,000,000 

National Adult-Oriented Media Public Service Campaign ................................................................... 1,000,000

Community-based Coalition Enhancement Grants .............................................................................. 5,000,000

Intergovernmental Coordinating Committee on the Prevention of Underage Drinking ....................... 1,000,000

Tribal Behavioral Health Grants ................................................................................................................... 15,000,000 

Science and Service: 

Center for the Application of Prevention Technologies ................................................................................ 7,493,000 

Science and Service Program Coordination .................................................................................................. 4,072,000 

Minority Fellowship Program ......................................................................................................................... 71,000 

The agreement directs that all of the funding appropriated explicitly for substance abuse prevention purposes both in the Center 

for Substance Abuse Prevention’s PRNS lines as well as the funding from the 20 percent prevention set–aside in the SAPT Block 

Grant be used only for bona fide substance abuse prevention programs and not for any other purpose. 

Grants to Prevent Prescription Drug/Opioid Overdose.—The

agreement provides $12,000,000 for discretionary grants to States 

to prevent opioid overdose-related deaths. This program will help 

States equip and train first responders with the use of devices that 

rapidly reverse the effects of opioids. SAMHSA is directed to ensure applicants outline how proposed activities in the grant would 

work with treatment and recovery communities in addition to first 

responders.

First Responder Training.—The agreement provides $12,000,000 

for First Responder Training grants as authorized in the Comprehensive Addiction and Recovery Act of 2016, P.L. 114–198. Of 

this amount, $6,000,000 is set aside for rural communities with 
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high rates of substance abuse. Consistent with the authorization, 

SAMHSA is directed to ensure applicants outline how proposed activities in the grant would work with treatment and recovery communities in addition to first responders. 

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

Within the total provided for health surveillance and program 

support, the agreement includes the following amounts: 

Budget Activity FY 2017 

Agreement

Health Surveillance .................................................................................................................................................. $47,258,000 

PHS Evaluation Fund ....................................................................................................................................... 30,428,000

Program Management .............................................................................................................................................. 77,000,000 

Performance and Quality Info. Systems ................................................................................................................... 10,000,000 

Public Awareness and Support ................................................................................................................................ 13,000,000 

Behavioral Health Workforce Data ........................................................................................................................... 1,000,000 

PHS Evaluation Funds ..................................................................................................................................... 1,000,000

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

The agreement provides $324,000,000 for the Agency for 

Healthcare Research and Quality. Within the total, the agreement 

includes the following amounts: 

Budget Activity FY 2017 

Agreement

Patient-Centered Health Research ........................................................................................................................... $0 

Prevention/Care Management .................................................................................................................................. 11,649,000 

Health Information Technology (IT) .......................................................................................................................... 16,500,000 

Health IT to Improve Quality ........................................................................................................................... 14,500,000

Patient Safety Research ........................................................................................................................................... 70,276,000 

Healthcare-Associated Infections Prevention .................................................................................................. 36,000,000

Combating Antibiotic-Resistant Bacteria ....................................................................................................... 10,000,000

Healthcare Delivery Systems ........................................................................................................................... 10,000,000

Crosscutting Activities Related to Quality, Effectiveness and Efficiency Research ............................................... 88,731,000 

Health Services Contract/IAA Research .......................................................................................................... 14,000,000

Investigator-Initiated Research Grants ........................................................................................................... 46,731,000

Medical Expenditure Panel Survey ........................................................................................................................... 66,000,000 

Program Management .............................................................................................................................................. 70,844,000 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

PROGRAM MANAGEMENT

Air Ambulance Services and Payment Structures.—In lieu of the 

language in Senate Report 114–274, the agreement directs the 

Government Accountability Office (GAO) to submit a report to the 

Committees on Appropriations of the House of Representatives and 

the Senate on fixed wing and helicopter air ambulance services, 

operational costs, and, as available, payment structures no later 

than 18 months after the enactment of this Act. The report should 

include an analysis of costs, including all operational, mechanical, 

medical, human capital, and business expenses. The report shall 

include analysis of the number of providers providing either fixed 

wing or rotor wing ambulance services and the number of transports, taking into consideration the volume of transports per pro-
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vider over time, and the number in comparative volumes for accident site, inter-facility, and non-emergency/charter transports. The 

report should reflect demographic and urban/rural/super rural differences as well as differences in fixed wing and helicopter services. 

GAO may examine the source and amount of reimbursement for 

these services among private insurance companies, Medicare, Medicaid reimbursement rates, and other Federal government sponsored reimbursement rates such as TRICARE. The agreement understands that the GAO already has an ongoing effort in regards 

to the requested report on Air Ambulance Services and Payment 

issues. To prevent duplication of effort, GAO should include this information within the ongoing effort to the extent practicable. GAO 

shall consult with the Committees on Appropriations of the House 

of Representatives and the Senate as it develops the methodology 

and scope for the review. 

Critical Access Hospitals.—The agreement continues to note concerns about the proposal to eliminate Critical Access Hospitals 

(CAH) status from facilities located less than 10 miles from another 

hospital and reducing the reimbursement rate from 101 to 100 percent on the hospitals to properly provide care to local residents. 

The agreement directs the Centers for Medicare & Medicaid Services (CMS) to take steps to limit the negative impact of the proposed rate reduction on CAH. 

Health Insurance Exchange Transparency.—The agreement continues to include bill language in section 221 that requires CMS to 

provide cost information for the following categories: Federal Payroll and Other Administrative Costs; Exchange-related Information 

Technology (IT); Non-IT Program Costs, including Health Plan 

Benefit and Rate Review, Exchange Oversight, Payment and Financial Management, Eligibility and Enrollment; Consumer Information and Outreach, including the Call Center, Navigator Grants 

and Consumer Education and Outreach; Exchange Quality Review; 

Small Business Health Options Program and Employer Activities; 

and Other Exchange Activities. Cost information should be provided for each fiscal year since the enactment of the Patient Protection and Affordable Care Act (Public Law 111–148). CMS is also required to include the estimated costs for fiscal year 2018. 

Meaningful Use.—The agreement notes that some eligible hospitals met the substantive requirements for the Medicare Electronic Health Records Incentive Program, but failed to be certified 

due to administrative error. As a result, the eligible hospitals did 

not receive an incentive payment or were subject to a payment adjustment. The agreement directs CMS to reconsider options to provide an appeal to such eligible hospitals that met substantive program requirements. 

Medicare Diabetes Prevention Program (MDPP).—The agreement 

supports CMS’ expansion of the Medicare Diabetes Prevention Program beginning in January 2018 to improve health outcomes and 

reduce diabetes–related healthcare costs. The agreement encourages CMS to include virtual and remote technologies, in addition 

to in-person services, as allowable means for providing MDPP services to beneficiaries in future rulemaking. 

Risk Corridor Program.—The agreement continues bill language 

to prevent the CMS Program Management appropriation account 
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from being used to support risk corridor payments. The agreement 

directs CMS to provide a report starting with plan year 2014 and 

continuing through the duration of the program to the Committees 

on Appropriations of the House of Representatives and the Senate 

detailing the receipts and transfer of payments for the Risk Corridor Program. 

Severe Wounds.—The agreement notes CMS’ prompt implementation of section 231 of the Consolidated Appropriations Act, 2016 

and directs CMS to implement this provision with an effective date 

of December 18, 2015. 

ADMINISTRATION FOR CHILDREN AND FAMILIES

REFUGEE AND ENTRANT ASSISTANCE

Victims of Trafficking.—The agreement includes $13,000,000 for services for foreign national victims, and $5,755,000 to improve 

services available for U.S. citizens and legal permanent residents. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

Child Abuse Discretionary Activities.—The agreement includes 

funding to preserve, disseminate, and amplify the work of the 

Quality Improvement Center (QIC) for Research-based Infant-Toddler Court Teams by providing training and technical assistance in 

support of such court teams’ efforts across the country. These efforts shall build upon and continue the work of sites established 

through the QIC initiative, which have brought together the court 

system, child welfare agencies, health professionals, and community leaders to improve current practices in the child welfare system and make better-informed decisions on behalf of the child. The 

agreement strongly encourages the Administration for Children 

and Families to allocate the funds promptly. 

Child Welfare Research, Training, and Demonstration.—The

agreement includes funding within this program to continue the 

National Survey of Child and Adolescent Well-Being. 

Community Economic Development.—The agreement does not 

provide funds for the Healthy Food Financing Initiative. 

Early Head Start-Child Care Partnerships.—The agreement includes an increase of $5,000,000 for Early Head Start-Child Care 

Partnerships for a cost of living adjustment. 

Native American Programs.—The agreement includes 

$12,000,000 for Native American language preservation activities, 

including $3,000,000 for Generation Indigenous, and not less than 

$4,000,000 for language immersion programs authorized by section 

803C(b)(7)(A)–(C) of the Native American Programs Act. 

Preschool Development Grants.—Consistent with the authorization of the Preschool Development Grant program in the Every 

Student Succeeds Act, the agreement requests a report describing 

the transition of authority and program operations from the Department of Education to the Department of Health and Human 

Services. The report shall include a specific and clear outline of 

how HHS will administer the program, including an outline for the 

transition process that will occur as the Departments shift the program from Education to HHS. The report shall be provided to the 

Committees on Appropriations and Education and the Workforce in 
1292

the House of Representatives and the Committees on Appropriations and Health, Education, Labor, and Pensions in the Senate. 

Social Services and Income Maintenance Research.—The agree- ment includes $500,000 to complete the evidence-based, non-partisan analysis of the macroeconomic, health, and crime/social costs 

of child poverty—including a study of current efforts aimed at reducing poverty—and to propose recommendations with the goal of 

reducing the number of children living in poverty in the United 

States by half in 10 years. The funds are provided to extend the 

original agreement with the National Academy of Sciences. 

ADMINISTRATION FOR COMMUNITY LIVING

AGING AND DISABILITY SERVICES PROGRAMS

The agreement is aware the Administrator and Assistant Secretary for Aging has committed to not using any funds from grant 

programs administered by the Administration For Community Living (ACL) to pay for administrative costs at ACL including additional staff or any other administrative or emergency expenses. The 

agreement expects ACL will maintain this commitment for fiscal 

year 2017 and further believes that in future budget years ACL 

should meet its administrative needs through targeted funding for 

its administrative accounts, not by shifting funds from grant programs.

Aging Network Support Activities.—The agreement provides $9,961,000 for Aging Network Support Activities, of which 

$2,500,000 is for the Holocaust Survivor Assistance program. 

Senior Medicare Patrol Program.—The agreement includes bill 

language fully funding the Senior Medicare Patrol Program from 

the Health Care Fraud and Abuse Control Account in the Centers 

for Medicare & Medicaid Services. 

Elder Rights Support Activities.—The agreement includes $13,874,000 for Elder Rights Support Activities, of which 

$10,000,000 is included for the Elder Justice and Adult Protective 

Services program. 

Developmental Disabilities Projects of National Significance.— The agreement includes $10,000,000 for Developmental Disabilities 

Projects of National Significance, of which $575,000 is for technical 

assistance and training for the State Councils on Developmental 

Disabilities and $1,000,000 is to fund transportation assistance activities for older adults and persons with disabilities. The transportation activities should focus on the most cost-effective and sustainable strategies that can be replicated to other communities. 

Independent Living.—The agreement provides $101,183,000 for 

the Independent Living program, of which $22,878,000 is for the 

Independent Living State Grants program and $78,305,000 is for 

the Centers for Independent Living program. 

State Health Insurance Program.—The agreement includes 

$47,115,000 for the State Health Insurance Program, which provides health insurance information to Medicare beneficiaries and 

their families. 

Assistive Technology.—The agreement includes $2,000,000 for 

competitive grants as specified in House Report 114–699 to accompany H.R. 5926. 
1293

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

Idea lab and Digital Services.—The agreement does not include 

funding for either the proposed ‘‘Idea lab’’ or the Digital Services 

team.

Lupus Initiative.—The agreement continues to provide 

$2,000,000 for Lupus activities at the Office of Minority Health. 

Nonrecurring Expenses Fund (NEF).—The Secretary is directed 

to provide to the Committees on Appropriations of the House of 

Representatives and the Senate, within 30 days of enactment of 

this Act and quarterly thereafter, a report with the following information concerning each activity the Department plans to support 

with funding from the NEF in the current fiscal year and the upcoming fiscal year: (1) a statement identifying and describing each 

activity the Department proposes to fund; (2) the operating division 

or office that administers the activity; (3) the estimated total 

amount of funding proposed for allocation to the activity; and (4) 

the current status of the activity and the amount of funding (NEF 

or other) obligated toward it to date, as well as expected to be obligated through the current fiscal year. Finally, the Secretary is directed to include in these reports information on balances by contributing operating division or office in the NEF at the start of the 

fiscal year and the anticipated and actual balances transferred into 

the NEF during the fiscal year and at the end of the fiscal year. 

Office of Women’s Health.—The agreement includes $3,100,000 to 

continue the State partnership initiative to reduce violence against 

women, which provides funding to State–level public and private 

health programs to improve healthcare providers’ ability to help 

victims of violence and improve prevention programs. 

Overhead costs.—The agreement continues to direct the Department to include the amount and percentage of administrative and 

overhead costs spent by the Department for every program, project 

and activity in the fiscal year 2018 justification and each year 

thereafter.

Quick Health Data Online System.—The agreement directs the 

Secretary to continue the operation of the Quick Health Data Online System. The data query system should include all variables 

previously available, and access data from relevant datasets beyond 

HHS. User-friendly data queries should have the capacity to seek 

information by sex and by race/ethnicity simultaneously, at the 

State and county levels. 

OFFICE OF INSPECTOR GENERAL

The agreement includes $80,000,000 for the HHS Office of Inspector General (OIG) account. The agreement expects the OIG to 

continue to improve its annual budget justification with more details and performance measures related to discretionary oversight. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

The agreement includes a program level of $1,532,958,000 for the 

Public Health and Social Services Emergency Fund (PHSSEF), 

which includes $1,517,958,000 in appropriated funds and 
1294

$15,000,000 in PHSSEF unobligated balances from pandemic influenza supplemental appropriations. This funding will support a 

comprehensive program to prepare for and respond to the health 

and medical consequences of all public health emergencies, including bioterrorism, and support the cybersecurity efforts of HHS. In 

addition, the Zika Response and Preparedness Appropriations Act, 

2016 provided $387,000,000 to prevent, prepare for, and respond to 

the Zika virus. 

Pandemic Influenza Supplemental Balances.—The agreement directs the Secretary to make PHSSEF unobligated balances available within 30 days of enactment. 

Prevention and Public Health Fund.—The agreement reflects the 

allocation of the Prevention and Public Health Fund as included in 

the Further Continuing Appropriations Act, 2017. 

PREVENTION AND PUBLIC HEALTH FUND

Agency Budget Activity FY 2017 

Agreement

ACL ............................... Alzheimer’s Disease Prevention Education and Outreach .................................. $14,700,000

ACL ............................... Chronic Disease Self-Management ..................................................................... 8,000,000 

ACL ............................... Falls Prevention ................................................................................................... 5,000,000 

CDC .............................. Breast Feeding Grants (Hospitals Promoting Breastfeeding) ............................ 8,000,000

CDC .............................. Diabetes .............................................................................................................. 72,000,000 

CDC .............................. Epidemiology and Laboratory Capacity Grants ................................................... 40,000,000

CDC .............................. Healthcare Associated Infections ........................................................................ 12,000,000 

CDC .............................. Heart Disease & Stroke Prevention Program ...................................................... 73,000,000 

CDC .............................. Million Hearts Program ....................................................................................... 4,000,000 

CDC .............................. Office of Smoking and Health ............................................................................ 126,000,000 

CDC .............................. Preventative Health and Health Services Block Grants ..................................... 160,000,000

CDC .............................. REACH ................................................................................................................. 50,950,000 

CDC .............................. Section 317 Immunization Grants ...................................................................... 324,350,000 

CDC .............................. Lead Poisoning Prevention .................................................................................. 17,000,000 

CDC .............................. Early Care Collaboratives .................................................................................... 4,000,000 

SAMHSA ........................ Garrett Lee Smith—Youth Suicide Prevention ................................................... 12,000,000

TITLE III 

DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

National Activities.—There is significant concern about the Department’s allocation of resources available through various national activities authorities for pay for success projects. While pay 

for success and other innovative financing mechanisms may prove 

to be a worthy investment, these projects were explicitly authorized 

under the Every Student Succeeds Act only in three instances. 

However, the Department chose to use fiscal year 2016 national activities resources for these projects in programs where Congress did 

not authorize such a use of funds and did so without any consultation with the committees of jurisdiction. Therefore, the Department 

is directed to submit to the Committees on Appropriations of the 

House of Representatives and the Senate, Committee on Education 

and the Workforce in the House of Representatives, and Committee 

on Health, Education, Labor, and Pensions in the Senate operating 

plans describing in detail its planned use of funds for national activities program authorities funded in this title not later than 45 
1295

days prior to the announcement of the availability of funding for 

such activities. 

SCHOOL IMPROVEMENT PROGRAMS

The agreement allows Student Support and Academic Enrichment grants funding provided in this Act to be distributed within 

a State on a competitive basis at a State’s discretion. 

INDIAN EDUCATION

Native Youth Community Projects.—Within the total for Special 

Programs for Indian Children, the agreement includes $43,452,000 

for Native Youth Community Projects. This program makes competitive awards to support culturally-relevant coordinated strategies to improve the college- and career-readiness of Native American youth. 

State-Tribal Education Partnership.—The agreement includes 

continued funding for the State-Tribal Education Partnership 

(STEP) Program, which makes grants to tribes to build capacity to 

assume certain State responsibilities for the administration of 

ESEA programs. 

National Activities.—Within the total for National Activities, the 

agreement includes funding for a new language immersion program to maintain and promote the use of Native languages. These 

funds should be allocated to support extensive distribution across 

geography and language diversity and support both existing and 

new Native language immersion programs and schools. 

INNOVATION AND IMPROVEMENT

Supporting Effective Educator Development.—The agreement includes funding for competitive grants, which may include a consortia of programs operating in multiple States, to improve the academic preparation and college readiness, including the college-andcareer pipeline, of rural youth. Such programs should support 

teachers in all grade levels and across disciplines, students, families, and community members, in high-need rural areas. Specific 

activities could include professional development and on-site programming for teachers and school administrators throughout the 

year; youth writing and literacy programs; and community-based 

workshops for students and families. 

Ready to Learn.—The agreement provides for additional funding 

to help Ready to Learn grantees meet their project objectives and 

successfully produce the high-quality educational programming intended by Congress. The Department shall provide each grantee a 

proportional share of such funds based on grantees’ initial budget 

submissions. There remains concern with the Department’s poor 

management in administering this program; accordingly, the Department is advised to improve future communications with both 

grantees and the Congress. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

Promise Neighborhoods.—The agreement includes bill language 

extending authority provided under the Promise Neighborhoods 
1296

program in the Every Student Succeeds Act to grants made under 

the previous authorization of the program. The Department is directed to use that authority to extend funding for current highquality Promise Neighborhoods programs operating in underserved 

areas that have demonstrated promising results through their initial implementation grant and propose to continue pursuing ambitious goals through continued innovative activities during such extension of their award. 

SPECIAL EDUCATION

Within Technical Assistance and Dissemination, the agreement includes $12,583,000 for education activities authorized under P.L. 

108–406, as amended. 

Education Technology, Media, and Materials Program.—Progress

has been made with tools and services provided under the Education Technology, Media and Materials program that have allowed 

more than 380,000 students free access to more than 325,000 books 

in multiple digitally accessible formats. The agreement directs the 

Department to include not less than the fiscal year 2016 level of 

funding to expand this program’s reach to K–12 students in underserved areas. 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

American Printing House for the Blind.—The agreement continues to recognize the significant progress being made through the 

Resources with Enhanced Accessibility for Learning (REAL) Plan 

toward developing new technologies to translate educational materials for delivery to students who are blind and visually impaired. 

These technological advances will provide educational materials to 

students more quickly than ever before, enhancing opportunities 

for academic achievement. The agreement continues to support implementation of the REAL plan, and includes not less than 

$475,000 for such activities, the same as the fiscal year 2016 level. 

National Technical Institute for the Deaf (NTID).—The agree- ment includes $2,000,000 in continued funding to support NTID’s 

operational costs and to continue support for at least one regional 

partnership via a subcontract with an external organization consistent with its mission and strategic plan. These partnerships enable NTID to expand the geographic reach of services and activities 

supported by the college for individuals who are deaf and hard of 

hearing. The partnership activities include a focus on: promoting 

training and postsecondary participation in Science, Technology, 

Engineering, and Math fields; working with NTID faculty to develop postsecondary preparation for students; providing professional development for teachers and developing partnerships with 

business and industry to promote employment opportunities for individuals who are deaf and hard of hearing. 

STUDENT FINANCIAL ASSISTANCE

Pell Grants.—The agreement includes a provision as included in 

the Senate bill regarding year-round Pell grants. The Department 

should implement this provision to maximize flexibility for institutions of higher education and avoid unnecessary administrative 
1297

burdens while ensuring the best interests of students. The Department is directed to issue guidance on this expanded eligibility and 

flexibility in the Pell grant program not later than July 1, 2017. 

The Department is also directed to provide reliable data on the implementation of this provision. 

STUDENT AID ADMINISTRATION

Student Loan Servicing.—The agreement directs the Department 

to permit borrowers who are consolidating their student loans to 

choose from among all Federal student loan servicers when choosing a servicer for their new consolidated loans. The Department is 

expected to make common performance metrics available to borrowers to help guide their decision for which servicer to select. This 

will allow student borrowers to stay with their existing servicer if 

they wish to, limit unnecessary disruption for borrowers, and provide another incentive for servicers to provide high-quality service 

to borrowers. The Department is directed to brief the Committees 

on Appropriations of the House of Representatives and the Senate 

and the Senate Committee on Health, Education, Labor, and Pensions and House Committee on Education and the Workforce within 30 days of enactment of this Act on how it plans to carry out 

this directive. 

HIGHER EDUCATION

TRIO.—The agreement does not include funding for the TRIO 

demonstration project proposed in the budget justification. 

The Department is directed to allocate fiscal year 2017 TRIO 

funding such that all current grantees receive an increase in their 

grant award. The Department is directed to avoid imposing additional requirements as a condition for grantees to receive these 

funds. Additionally, the Department is directed to increase the 

number of new grants awarded for those programs that will conduct a new competition this fiscal year. 

There is concern that the Department has rejected and made ineligible for review several fiscal year 2017 grant applications based 

on minor formatting issues. The Department is strongly encouraged to provide flexibility to such applicants by permitting submission of a corrected application. The Department should include consistent formatting requirements across all TRIO competitions in 

the future. 

INSTITUTE OF EDUCATION SCIENCES

The National Center for Education Statistics (NCES) shall explore ways to collect aggregate teacher-level data on student characteristics when it administers the National Teacher and Principal 

Survey so that in the future NCES is able to provide better data 

about the characteristics of students taught by teachers with different certifications. 
1298

GENERAL PROVISIONS

The agreement includes a new general provision expanding eligibility and flexibility in the Pell grant program relating to yearround Pell grants. 

The agreement includes a new general provision rescinding unobligated balances available for the Pell grant program. 

TITLE IV 

RELATED AGENCIES 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

Committee For Purchase From People Who Are Blind or Severely 

Disabled—Requested Reports.—The agreement directs the Committee For Purchase From People Who Are Blind or Severely Disabled to comply with the reporting requirements specified under 

this heading in House Report 114–699 to accompany H.R. 5926. 

Requested Information in Fiscal Year 2018 Budget Justification.—The agreement directs the Committee For Purchase From 

People Who Are Blind or Severely Disabled to include in its fiscal 

year 2018 budget justification: 

1. An organizational chart for the Virginia office, 

2. A map showing the location of all Central Nonprofit Agencies, 

and

3. A chart or map showing the total fees charged by each Central 

Nonprofit Agency by State. 

Western United States Field Office.—The agreement directs the 

Committee For Purchase From People Who Are Blind or Severely 

Disabled to use some of the additional funds provided over the fiscal year 2016 level to establish a field office serving the western 

areas of the United States. Information on the establishment of a 

field office shall be included in the fiscal year 2018 budget justification.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

AmeriCorps State and National Grants.—The agreement directs 

the Corporation for National and Community Service (CNCS) to 

issue clear, extensive guidance as part of their fiscal year 2018 request for proposals for AmeriCorps grants outlining specifically 

how grantees can demonstrate and justify the need for operating 

funds as part of their professional corps grant. 

Training and Technical Assistance.—Under current law, CNCS 

has authority to set aside up to 25 percent of program funds for 

evaluation, training, and technical assistance. CNCS is directed to 

use this authority to provide not less than $7,500,000 for training 

and technical assistance activities for State Commissions, to expand the capacity of current and potential AmeriCorps programs, 

particularly in underserved areas. 

Innovation, Demonstration, and Assistance Activities.—The

agreement does not include funding for the Social Innovation Fund. 
1299

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

Within the total for IMLS, the bill includes funds for the following activities in the following amounts: 

Budget Activity FY 2017 Agreement 

Library Services Technology Act:.

Grants to States .......................................................................................................................... $156,103,000 

Native American Library Services ............................................................................................... 4,063,000

National Leadership: Libraries .................................................................................................... 13,406,000 

Laura Bush 21st Century Librarian ............................................................................................ 10,000,000

Museum Services Act.

Museums for America ................................................................................................................. 21,149,000 

Native American/Hawaiian Museum Services ............................................................................. 972,000 

National Leadership: Museums ................................................................................................... 8,113,000

African American History and Culture Act.

Museum Grants for African American History & Culture ........................................................... 1,481,000 

Research, Analysis, and Data Collection ............................................................................................. 1,713,000 

Program Administration ....................................................................................................................... 14,000,000 

TOTAL .................................................................................................................................................... 231,000,000 

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Administrative Law Judge Hiring.—The Social Security Administration’s National Hearing Centers (NHCs) provide the Social Security Administration (SSA) with invaluable flexibility and support to 

address the hearings backlog. Understanding the value of this 

flexibility and support, the agreement directs SSA to ensure that 

its upcoming Administrative Law Judge (ALJ) hiring allocates additional ALJs to NHCs. 

Disability Case Processing System.—The agreement strongly supports the recommendation by the Office of Inspector General that 

SSA should periodically evaluate its path forward to ensure it is 

pursuing the most cost–effective alternative to achieve the goals of 

a modernized case–processing system for SSA and obtain the greatest value for the taxpayer. To that end, the agreement supports 

SSA’s decision to obtain an independent, third–party evaluation of 

the advantages and disadvantages of pursuing various alternatives 

from this point forward, including continued deployment of DCPS2, 

and other options. The Social Security Administration is directed to 

brief the Committees on Appropriations of the House of Representatives and the Senate on the results of the evaluation within 90 

days of enactment of this Act. 

Prioritizing Continuing Disability Reviews To Maximize Cost 

Savings.—A recent Government Accountability Office report (GAO– 

16–250) found that SSA’s Continuing Disability Review (CDR) 

prioritization models fail to maximize potential cost savings. Within 1 year, and every 3 years thereafter, the agreement directs SSA 

to review and update the models for prioritization of CDRs with 

the primary intent of efficiently and effectively maximizing lifetime 

cost savings to the government. A detailed, cost-based explanation 

for the model’s prioritization of different CDR types and justification for any updates made should be included in the annual CDR 

Report.

Program Integrity.—The agreement supports increased funding 

for program integrity activities within SSA. The intent of this 
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agreement is for SSA to support program integrity activities solely 

from funds available for that purpose. The agreement provides an 

additional six months of availability to use program integrity funds 

to facilitate reconciliation of actual costs at the end of the fiscal 

year.

Reducing the Disability Adjudication Backlog.—The agreement 

includes funds to address SSA’s disability adjudication backlog, 

which is currently 560 days on average. The Committees on Appropriations of the House of Representatives and the Senate are disappointed in SSA’s progress in reducing the backlog when specific 

funding was provided in the Further Continuing and Security Assistance Appropriations Act, 2017. Due to concerns about continued 

weaknesses with SSA’s CARES plan, SSA is directed to submit a 

detailed report to the Committees on Appropriations of the House 

of Representatives and the Senate, the Committee on Ways and 

Means of the House of Representatives, and the Committee on Finance of the Senate within 90 days of enactment of this Act that 

outlines its plan for reducing the disability backlog of the Office of 

Disability Adjudication and Review (ODAR) and increasing ODAR’s 

effectiveness. The report shall include measurable milestones toward achieving key elements of SSA’s hiring and improved automation goals. These milestones shall include workload information, including receipts, pending, and processing time, award rate, and decisions rate at each level of adjudication, workforce information for 

ALJs, Decision Writers, and other support staff including new 

hires, separations, and support staff ratios, planned obligations by 

quarter for each component of the initiative, as well as the expected reductions in the backlog. To ensure this effort stays on 

schedule, SSA is directed to submit quarterly reports to such Committees that compare actual data with milestones identified in the 

initial report. The quarterly reports should compare actual and 

planned data on obligations, hiring, effects on the backlog, and 

other performance measures. 

Representative Payee.—The agreement notes that any vendor 

hired to conduct representative payee monitoring reviews have significant and demonstrable experience monitoring representative 

payees, and addressing problems found among individuals with different types of disabilities and among different types of service providers. SSA should expect close Congressional oversight of this situation throughout the coming year. The agreement also notes with 

concern a lack of oversight and internal controls in the Representative Payee program. SSA is encouraged to improve program monitoring to address program deficiencies discussed in recent Office of 

the Inspector General reports. 

Work Incentives Planning and Assistance and Protection and Advocacy for Beneficiaries of Social Security.—The agreement includes 

$23,000,000 for Work Incentives Planning and Assistance and 

$7,000,000 for Protection and Advocacy for Beneficiaries of Social 

Security.
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TITLE V 

GENERAL PROVISIONS

The agreement includes language rescinding various unobligated 

balances.

The agreement includes an extension of the Special Olympics 

Sport and Empowerment Act of 2004. 
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(1375)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION I—LEGISLATIVE BRANCH 

APPROPRIATIONS ACT, 2017 

(1377)

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS 

ACT, 2017 

TITLE I 

LEGISLATIVE BRANCH 

SENATE

EXPENSE ALLOWANCES

For expense allowances of the Vice President, $18,760; the President Pro Tempore of the Senate, $37,520; Majority Leader of the 

Senate, $39,920; Minority Leader of the Senate, $39,920; Majority 

Whip of the Senate, $9,980; Minority Whip of the Senate, $9,980; 

Chairmen of the Majority and Minority Conference Committees, 

$4,690 for each Chairman; and Chairmen of the Majority and Minority Policy Committees, $4,690 for each Chairman; in all, 

$174,840.

REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY

LEADERS

For representation allowances of the Majority and Minority 

Leaders of the Senate, $14,070 for each such Leader; in all, 

$28,140.

SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, and others as authorized 

by law, including agency contributions, $182,287,812, which shall 

be paid from this appropriation as follows: 

OFFICE OF THE VICE PRESIDENT

For the Office of the Vice President, $2,417,248. 

OFFICE OF THE PRESIDENT PRO TEMPORE

For the Office of the President Pro Tempore, $723,466. 

OFFICES OF THE MAJORITY AND MINORITY LEADERS

For Offices of the Majority and Minority Leaders, $5,255,576. 

OFFICES OF THE MAJORITY AND MINORITY WHIPS

For Offices of the Majority and Minority Whips, $3,359,424. 

COMMITTEE ON APPROPRIATIONS

For salaries of the Committee on Appropriations, $15,142,000. 
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CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of 

each such committee, $1,658,000 for each such committee; in all, 

$3,316,000.

OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY

AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority 

and the Conference of the Minority, $817,402. 

POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority 

Policy Committee, $1,692,905 for each such committee; in all, 

$3,385,810.

OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $436,886. 

OFFICE OF THE SECRETARY

For Office of the Secretary, $24,772,000. 

OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office of the Sergeant at Arms and Doorkeeper, $70,900,000. 

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary 

for the Minority, $1,810,000. 

AGENCY CONTRIBUTIONS AND RELATED EXPENSES

For agency contributions for employee benefits, as authorized by 

law, and related expenses, $49,952,000. 

OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the Office of the Legislative Counsel 

of the Senate, $5,808,500. 

OFFICE OF SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel, 

$1,120,000.

EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE

For expense allowances of the Secretary of the Senate, $7,110; 

Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary 

for the Majority of the Senate, $7,110; Secretary for the Minority 

of the Senate, $7,110; in all, $28,440. 
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CONTINGENT EXPENSES OF THE SENATE

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the Senate, or conducted under paragraph 1 of rule XXVI of the Standing 

Rules of the Senate, section 112 of the Supplemental Appropriations and Rescission Act, 1980 (Public Law 96–304), and Senate 

Resolution 281, 96th Congress, agreed to March 11, 1980, 

$133,265,000, of which $26,650,000 shall remain available until 

September 30, 2019. 

U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on Inter- national Narcotics Control, $508,000. 

SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate, 

$10,250,000 of which $4,350,000 shall remain available until September 30, 2021 and of which $4,000,000 shall remain available 

until expended. 

SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Door- keeper of the Senate, $126,535,000, which shall remain available 

until September 30, 2021. 

MISCELLANEOUS ITEMS

For miscellaneous items, $20,870,349 which shall remain available until September 30, 2019. 

SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

For Senators’ Official Personnel and Office Expense Account, $390,000,000 of which $19,109,218 shall remain available until 

September 30, 2019. 

OFFICIAL MAIL COSTS

For expenses necessary for official mail costs of the Senate, 

$300,000.

ADMINISTRATIVE PROVISIONS

REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFICIAL PERSONNEL

AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT

SEC. 1. Notwithstanding any other provision of law, any amounts 

appropriated under this Act under the heading ‘‘SENATE’’ under 

the heading ‘‘CONTINGENT EXPENSES OF THE SENATE’’ under the 

heading ‘‘SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT’’ shall be available for obligation only during the fiscal year 

or fiscal years for which such amounts are made available. Any unexpended balances under such allowances remaining after the end 
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of the period of availability shall be returned to the Treasury in accordance with the undesignated paragraph under the center heading ‘‘GENERAL PROVISION’’ under chapter XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used for 

deficit reduction (or, if there is no Federal budget deficit after all 

such payments have been made, for reducing the Federal debt, in 

such manner as the Secretary of the Treasury considers appropriate).

AUTHORITY FOR TRANSFER OF FUNDS

SEC. 2. Section 3(c)(3) of the Legislative Branch Appropriations 

Act, 2004 (2 USC 2108(c)(3)) is amended— 

(1) in the paragraph heading, by striking ‘‘and disbursements’’ and inserting ‘‘disbursements, and transfers’’; and 

(2) by adding at the end the following: 

‘‘(D) TRANSFERS.—

‘‘(i) IN GENERAL.—The Commission may, for individual conservation or restoration projects estimated 

to cost greater than $100,000, transfer amounts in the 

fund to the Architect of the Capitol for the cost of conservation or restoration, in whole or in part, by the Architect of the Capitol of works of art, historical objects, 

documents, or material relating to historical matters 

placed or exhibited, or to be placed or exhibited, within the Senate wing of the United States Capitol or any 

Senate Office Building. 

‘‘(ii) AVAILABILITY.—Amounts transferred to the Architect of the Capitol under clause (i) and not subject 

to return under clause (v) shall remain available until 

expended.

‘‘(iii) APPROVAL AND OVERSIGHT OF CONSERVATION OR

RESTORATION.—Before authorizing transfers under 

clause (i), in whole or in part, the Commission, or the 

chairman and vice chairman acting jointly on behalf of 

the Commission and after giving notice to the Commission, shall review and approve a conservation or 

restoration project for which such amounts are intended (referred to in this section as the ‘Project’). The 

Commission may require updated reports on the 

Project before any additional amounts are transferred 

for the Project. No disbursements may be made from 

funds transferred under clause (i) that are inconsistent with the Project approved by the Commission 

upon which the relevant transfer is based. 

‘‘(iv) ACCEPTANCE OF DONATIONS.—The Commission 

retains the discretion whether or not to approve the 

acceptance of any donation to the fund regardless of 

whether the donation is intended for a conservation or 

restoration Project under clause (i). 

‘‘(v) ISSUANCE OF GUIDELINES.—The Commission 

may prescribe such guidelines as it deems necessary 

for the approval and transfer of any amounts under 

clause (i) and the return of any undisbursed amounts. 
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‘‘(vi) RETURN OF UNUSED FUNDS.—The Commission 

may require the return of amounts transferred to the 

Architect of the Capitol under clause (i) and not disbursed pursuant to an approved Project within five 

years of the transfer. Such amounts will be returned 

to the fund for use or disposition as the Commission 

shall determine appropriate. For purposes of this subsection, the Commission may, at any time, specify a 

date of return greater than five years from the transfer.

‘‘(vii) DISBURSEMENT AND AUDIT RESPONSIBILITY.—

Once amounts are transferred pursuant to clause (i), 

disbursements from transferred funds shall be made 

by the Architect of the Capitol upon review of vouchers by the Architect of the Capitol and not subject to 

the audit provisions of clause (c)(6) of this section. 

Such disbursements shall be limited to purposes for 

which funds may be disbursed pursuant to this section.

‘‘(viii) TERMINATION.—The authority to transfer 

amounts to the Architect of the Capitol under clause 

(i) shall expire ten years after the date of its initial enactment. Any amounts transferred prior to the termination of authority to transfer may continue to be expended in accordance with this section.’’. 

HOUSE OF REPRESENTATIVES 

SALARIES AND EXPENSES

For salaries and expenses of the House of Representatives, 

$1,189,050,766, as follows: 

HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $22,278,891, including: Office of the Speaker, $6,645,417, including $25,000 for official expenses of the Speaker; Office of the Majority Floor Leader, 

$2,180,048, including $10,000 for official expenses of the Majority 

Leader; Office of the Minority Floor Leader, $7,114,471, including 

$10,000 for official expenses of the Minority Leader; Office of the 

Majority Whip, including the Chief Deputy Majority Whip, 

$1,886,632, including $5,000 for official expenses of the Majority 

Whip; Office of the Minority Whip, including the Chief Deputy Minority Whip, $1,459,639, including $5,000 for official expenses of 

the Minority Whip; Republican Conference, $1,505,426; Democratic 

Caucus, $1,487,258: Provided, That such amount for salaries and 

expenses shall remain available from January 3, 2017 until January 2, 2018. 
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MEMBERS’ REPRESENTATIONAL ALLOWANCES

INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF

MEMBERS, AND OFFICIAL MAIL

For Members’ representational allowances, including Members’ 

clerk hire, official expenses, and official mail, $562,632,498. 

COMMITTEE EMPLOYEES

STANDING COMMITTEES, SPECIAL AND SELECT

For salaries and expenses of standing committees, special and select, authorized by House resolutions, $127,053,373: Provided, That 

such amount shall remain available for such salaries and expenses 

until December 31, 2018, except that $3,150,200 of such amount 

shall remain available until expended for committee room upgrading.

COMMITTEE ON APPROPRIATIONS

For salaries and expenses of the Committee on Appropriations, 

$23,271,004, including studies and examinations of executive agencies and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act of 1946 and to be available for reimbursement to agencies for services performed: Provided, That such amount shall remain available for such salaries and expenses until December 31, 

2018.

SALARIES, OFFICERS AND EMPLOYEES

For compensation and expenses of officers and employees, as authorized by law, $181,487,000, including: for salaries and expenses 

of the Office of the Clerk, including the positions of the Chaplain 

and the Historian, and including not more than $25,000 for official 

representation and reception expenses, of which not more than 

$20,000 is for the Family Room and not more than $2,000 is for 

the Office of the Chaplain, $26,268,000; for salaries and expenses 

of the Office of the Sergeant at Arms, including the position of Superintendent of Garages and the Office of Emergency Management, 

and including not more than $3,000 for official representation and 

reception expenses, $15,505,000, of which $5,618,902 shall remain 

available until expended; for salaries and expenses of the Office of 

the Chief Administrative Officer including not more than $3,000 for 

official representation and reception expenses, $117,165,000, of 

which $2,120,000 shall remain available until expended; for salaries and expenses of the Office of the Inspector General, 

$4,963,000; for salaries and expenses of the Office of the General 

Counsel, $1,444,000; for salaries and expenses of the Office of the 

Parliamentarian, including the Parliamentarian, $2,000 for preparing the Digest of Rules, and not more than $1,000 for official 

representation and reception expenses, $1,999,000; for salaries and 

expenses of the Office of the Law Revision Counsel of the House, 

$3,167,000; for salaries and expenses of the Office of the Legislative Counsel of the House, $8,979,000; for salaries and expenses of 
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the Office of Interparliamentary Affairs, $814,000; and for other 

authorized employees, $1,183,000. 

ALLOWANCES AND EXPENSES

For allowances and expenses as authorized by House resolution 

or law, $272,328,000, including: supplies, materials, administrative 

costs and Federal tort claims, $3,625,000; official mail for committees, leadership offices, and administrative offices of the House, 

$190,000; Government contributions for health, retirement, Social 

Security, and other applicable employee benefits, $245,334,000, to 

remain available until March 31, 2018; Business Continuity and 

Disaster Recovery, $16,217,000, of which $5,000,000 shall remain 

available until expended; transition activities for new Members and 

staff $2,084,000, to remain available until expended; Wounded 

Warrior Program $2,500,000, to remain available until expended; 

Office of Congressional Ethics, $1,658,000; and miscellaneous items 

including purchase, exchange, maintenance, repair and operation of 

House motor vehicles, interparliamentary receptions, and gratuities 

to heirs of deceased employees of the House, $720,000. 

ADMINISTRATIVE PROVISIONS

REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESENTATIONAL

ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE

THE FEDERAL DEBT

SEC. 101. (a) Notwithstanding any other provision of law, any 

amounts appropriated under this Act for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only for fiscal year 2017. 

Any amount remaining after all payments are made under such allowances for fiscal year 2017 shall be deposited in the Treasury 

and used for deficit reduction (or, if there is no Federal budget deficit after all such payments have been made, for reducing the Federal debt, in such manner as the Secretary of the Treasury considers appropriate). 

(b) REGULATIONS.—The Committee on House Administration of 

the House of Representatives shall have authority to prescribe regulations to carry out this section. 

(c) DEFINITION.—As used in this section, the term ‘‘Member of 

the House of Representatives’’ means a Representative in, or a Delegate or Resident Commissioner to, the Congress. 

DELIVERY OF BILLS AND RESOLUTIONS

SEC. 102. None of the funds made available in this Act may be 

used to deliver a printed copy of a bill, joint resolution, or resolution to the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) unless the Member requests a copy. 

DELIVERY OF CONGRESSIONAL RECORD

SEC. 103. None of the funds made available by this Act may be 

used to deliver a printed copy of any version of the Congressional 
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Record to the office of a Member of the House of Representatives 

(including a Delegate or Resident Commissioner to the Congress). 

LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

SEC. 104. None of the funds made available in this Act may be 

used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational 

Allowance for the leasing of a vehicle, excluding mobile district offices, in an aggregate amount that exceeds $1,000 for the vehicle 

in any month. 

LIMITATION ON PRINTED COPIES OF U.S. CODE TO HOUSE

SEC. 105. None of the funds made available by this Act may be 

used to provide an aggregate number of more than 50 printed copies of any edition of the United States Code to all offices of the 

House of Representatives. 

DELIVERY OF REPORTS OF DISBURSEMENTS

SEC. 106. None of the funds made available by this Act may be 

used to deliver a printed copy of the report of disbursements for the 

operations of the House of Representatives under section 106 of the 

House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5535) to the office of a Member of the House 

of Representatives (including a Delegate or Resident Commissioner 

to the Congress). 

DELIVERY OF DAILY CALENDAR

SEC. 107. None of the funds made available by this Act may be 

used to deliver to the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) a printed copy of the Daily Calendar of the House of Representatives which is prepared by the Clerk of the House of Representatives.

DELIVERY OF CONGRESSIONAL PICTORIAL DIRECTORY

SEC. 108. None of the funds made available by this Act may be 

used to deliver a printed copy of the Congressional Pictorial Directory to the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress). 

DELIVERY OF HOUSE TELEPHONE DIRECTORY

SEC. 109. None of the funds made available by this Act may be 

used to deliver a printed copy of the United States House of Representatives Telephone Directory to the office of any Member of the 

House of Representatives (including a Delegate or Resident Commissioner to the Congress). 

OVERSEAS TRAVEL TO ACCOMPANY MEMBERS OF HOUSE LEADERSHIP

SEC. 110. (a) TRAVEL AUTHORIZED.—

(1) IN GENERAL.—A member of the Capitol Police may travel 

outside of the United States for official duty if— 
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(A) that travel is with, or in preparation for, travel of a 

Member of the House of Representatives who holds a position in a House Leadership Office, including travel of the 

Member as part of a congressional delegation; and 

(B) the Sergeant at Arms of the House of Representatives gives prior approval to the travel of the member of 

the Capitol Police. 

(2) DEFINITIONS.—In this subsection— 

(A) the term ‘‘House Leadership office’’ means an office 

of the House of Representatives for which the appropriation for salaries and expenses of the office for the year involved is provided under the heading ‘‘House Leadership 

Offices’’ in the act making appropriations for the Legislative Branch for the fiscal year involved; 

(B) the term ‘‘Member of the House of Representatives’’ 

includes a Delegate or Resident Commissioner to the Congress; and 

(C) the term ‘‘United States’’ means each of the several 

States of the United States, the District of Columbia, and 

the territories and possessions of the United States. 

(b) REIMBURSEMENT FROM SERGEANT AT ARMS.—

(1) IN GENERAL.—From amounts made available for salaries 

and expenses of the Office of the Sergeant at Arms of the 

House of Representatives, the Sergeant at Arms of the House 

of Representatives shall reimburse the Capitol Police for the 

overtime pay, travel, and related expenses of any member of 

the Capitol Police who travels under the authority of this section.

(2) USE OF AMOUNTS RECEIVED.—Any amounts received by 

the Capitol Police for reimbursements under paragraph (1) 

shall be credited to the accounts established for the general expenses or salaries of the Capitol Police, and shall be available 

to carry out the purposes of such accounts during the fiscal 

year in which the amounts are received and the following fiscal 

year.

(c) EFFECTIVE DATE.—This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year. 

DELIVERY OF PRINTED BUDGET

SEC. 111. None of the funds made available by this Act may be 

used to deliver a printed copy of the Budget of the United States 

Government; Analytical Perspectives, Budget of the United States 

Government; or the Appendix, Budget of the United States Government, to the office of any Member of the House of Representatives 

(including a Delegate or Resident Commissioner to the Congress). 

DELIVERY OF PRINTED FEDERAL REGISTER

SEC. 112. None of the funds made available by this Act may be 

used to deliver a printed copy of the Federal Register to a Member 

of the House of Representatives (including a Delegate or Resident 

Commissioner to the Congress) unless the Member requests a copy. 
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CYBERSECURITY ASSISTANCE FOR HOUSE OF REPRESENTATIVES

SEC. 113. The head of any Federal entity that provides assistance 

to the House of Representatives in the House’s efforts to deter, prevent, mitigate, or remediate cybersecurity risks to, and incidents 

involving, the information systems of the House shall take all necessary steps to ensure the constitutional integrity of the separate 

branches of the government at all stages of providing the assistance, including applying minimization procedures to limit the 

spread or sharing of privileged House and Member information. 

JOINT ITEMS 

For Joint Committees, as follows: 

JOINT ECONOMIC COMMITTEE

For salaries and expenses of the Joint Economic Committee, 

$4,203,000, to be disbursed by the Secretary of the Senate. 

JOINT COMMITTEE ON TAXATION

For salaries and expenses of the Joint Committee on Taxation, 

$10,095,000, to be disbursed by the Chief Administrative Officer of 

the House of Representatives. 

For other joint items, as follows: 

OFFICE OF THE ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of the 

emergency rooms, and for the Attending Physician and his assistants, including: 

(1) an allowance of $2,175 per month to the Attending Physician;

(2) an allowance of $1,300 per month to the Senior Medical 

Officer;

(3) an allowance of $725 per month each to three medical officers while on duty in the Office of the Attending Physician; 

(4) an allowance of $725 per month to 2 assistants and $580 

per month each not to exceed 11 assistants on the basis heretofore provided for such assistants; and 

(5) $2,780,000 for reimbursement to the Department of the 

Navy for expenses incurred for staff and equipment assigned 

to the Office of the Attending Physician, which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes 

thereof, $3,838,000, to be disbursed by the Chief Administrative Officer of the House of Representatives. 

OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

SALARIES AND EXPENSES

For salaries and expenses of the Office of Congressional Accessibility Services, $1,429,000, to be disbursed by the Secretary of the 

Senate.
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CAPITOL POLICE 

SALARIES

For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for 

health, retirement, social security, professional liability insurance, 

and other applicable employee benefits, $325,300,000 of which 

overtime shall not exceed $36,805,000 unless the Committee on Appropriations of the House and Senate are notified, to be disbursed 

by the Chief of the Capitol Police or his designee. 

GENERAL EXPENSES

For necessary expenses of the Capitol Police, including motor vehicles, communications and other equipment, security equipment 

and installation, uniforms, weapons, supplies, materials, training, 

medical services, forensic services, stenographic services, personal 

and professional services, the employee assistance program, the 

awards program, postage, communication services, travel advances, 

relocation of instructor and liaison personnel for the Federal Law 

Enforcement Training Center, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, 

$68,000,000, to be disbursed by the Chief of the Capitol Police or 

his designee: Provided, That, notwithstanding any other provision 

of law, the cost of basic training for the Capitol Police at the Federal Law Enforcement Training Center for fiscal year 2017 shall be 

paid by the Secretary of Homeland Security from funds available 

to the Department of Homeland Security. 

ADMINISTRATIVE PROVISION

AUTHORITY TO DISPOSE OF FORFEITED AND ABANDONED PROPERTY

AND TO ACCEPT SURPLUS OR OBSOLETE PROPERTY OFFERED BY

OTHER FEDERAL AGENCIES

SEC. 1001. (a) Section 1003(a) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1906(a)) is amended by striking ‘‘surplus or obsolete property of the Capitol Police’’ and inserting the 

following: ‘‘surplus or obsolete property of the Capitol Police, and 

property which is in the possession of the Capitol Police because it 

has been disposed, forfeited, voluntarily abandoned, or unclaimed,’’. 

(b) Upon notifying the Committees of Appropriations of the 

House of Representatives and Senate, the United States Capitol 

Police may accept surplus or obsolete property offered by another 

Federal department, agency, or office. 

(c) This section and the amendment made by this section shall 

apply with respect to fiscal year 2017 and each succeeding fiscal 

year.

OFFICE OF COMPLIANCE 

SALARIES AND EXPENSES

For salaries and expenses of the Office of Compliance, as authorized by section 305 of the Congressional Accountability Act of 1995 
1388

(2 U.S.C. 1385), $3,959,000, of which $450,000 shall remain available until September 30, 2018: Provided, That not more than $500 

may be expended on the certification of the Executive Director of 

the Office of Compliance in connection with official representation 

and reception expenses. 

CONGRESSIONAL BUDGET OFFICE 

SALARIES AND EXPENSES

For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional 

Budget Office in connection with official representation and reception expenses, $46,500,000. 

ADMINISTRATIVE PROVISION

ESTABLISHMENT OF SENIOR LEVEL POSITIONS

SEC. 1101. (a) Notwithstanding the fourth sentence of section 

201(b) of the Congressional Budget and Impoundment Control Act 

of 1974 (2 U.S.C. 601(b)), the Director of the Congressional Budget 

Office may establish and fix the compensation of senior level positions in the Congressional Budget Office to meet critical scientific, 

technical, professional, or executive needs of the Office. 

(b) LIMITATION ON COMPENSATION.—The annual rate of pay for 

any position established under this section may not exceed the annual rate of pay for level II of the Executive Schedule. 

(c) EFFECTIVE DATE.—This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year. 

ARCHITECT OF THE CAPITOL 

CAPITAL CONSTRUCTION AND OPERATIONS

For salaries for the Architect of the Capitol, and other personal 

services, at rates of pay provided by law; for all necessary expenses 

for surveys and studies, construction, operation, and general and 

administrative support in connection with facilities and activities 

under the care of the Architect of the Capitol including the Botanic 

Garden; electrical substations of the Capitol, Senate and House office buildings, and other facilities under the jurisdiction of the Architect of the Capitol; including furnishings and office equipment; 

including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may 

approve; for purchase or exchange, maintenance, and operation of 

a passenger motor vehicle, $92,957,000, of which $1,368,000 shall 

remain available until September 30, 2021. 

CAPITOL BUILDING

For all necessary expenses for the maintenance, care and operation of the Capitol, $32,584,000, of which $8,584,000 shall remain 

available until September 30, 2021. 
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CAPITOL GROUNDS

For all necessary expenses for care and improvement of grounds 

surrounding the Capitol, the Senate and House office buildings, 

and the Capitol Power Plant, $12,826,000, of which $2,946,000 

shall remain available until September 30, 2021. 

SENATE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to be 

expended under the control and supervision of the Architect of the 

Capitol, $88,406,000, of which $27,944,000 shall remain available 

until September 30, 2021. 

HOUSE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of the House office buildings, $185,731,000, of which 

$61,404,000 shall remain available until September 30, 2021, and 

of which $62,000,000 shall remain available until expended for the 

restoration and renovation of the Cannon House Office Building. 

In addition, for a payment to the House Historic Buildings Revitalization Trust Fund, $17,000,000, to remain available until expended.

CAPITOL POWER PLANT

For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including the purchase of electrical energy) and water and sewer services 

for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, 

Senate garage, and air conditioning refrigeration not supplied from 

plants in any of such buildings; heating the Government Publishing Office and Washington City Post Office, and heating and 

chilled water for air conditioning for the Supreme Court Building, 

the Union Station complex, the Thurgood Marshall Federal Judiciary Building and the Folger Shakespeare Library, expenses for 

which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into 

the Treasury to the credit of this appropriation, $86,646,000, of 

which $9,505,000 shall remain available until September 30, 2021: 

Provided, That not more than $9,000,000 of the funds credited or 

to be reimbursed to this appropriation as herein provided shall be 

available for obligation during fiscal year 2017. 

LIBRARY BUILDINGS AND GROUNDS

For all necessary expenses for the mechanical and structural 

maintenance, care and operation of the Library buildings and 

grounds, $47,080,000, of which $22,137,000 shall remain available 

until September 30, 2021. 
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CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the 

United States Capitol Police, wherever located, the Alternate Computing Facility, and Architect of the Capitol security operations, 

$20,033,000, of which $2,500,000 shall remain available until September 30, 2021. 

BOTANIC GARDEN

For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, 

and collections; and purchase and exchange, maintenance, repair, 

and operation of a passenger motor vehicle; all under the direction 

of the Joint Committee on the Library, $14,067,000, of which 

$4,054,000 shall remain available until September 30, 2021: Provided, That, of the amount made available under this heading, the 

Architect of the Capitol may obligate and expend such sums as 

may be necessary for the maintenance, care and operation of the 

National Garden established under section 307E of the Legislative 

Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers 

approved by the Architect of the Capitol or a duly authorized designee.

CAPITOL VISITOR CENTER

For all necessary expenses for the operation of the Capitol Visitor 

Center, $20,557,000. 

ADMINISTRATIVE PROVISIONS

NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET

SEC. 1201. None of the funds made available in this Act for the 

Architect of the Capitol may be used to make incentive or award 

payments to contractors for work on contracts or programs for 

which the contractor is behind schedule or over budget, unless the 

Architect of the Capitol, or agency-employed designee, determines 

that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall 

scope of the project and/or program. 

SCRIMS

SEC. 1202. None of the funds made available by this Act may be 

used for scrims containing photographs of building facades during 

restoration or construction projects performed by the Architect of 

the Capitol. 

FLAG OFFICE REVOLVING FUND

SEC. 1203. (a) ESTABLISHMENT.—There is established in the 

Treasury of the United States a revolving fund to be known as the 

‘‘Flag Office Revolving Fund’’ (in this section referred to as the 

‘‘Fund’’) for services provided by the Flag Office of the Architect of 

the Capitol (in this section referred to as the ‘‘Flag Office’’). 
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(b) DEPOSIT OF FEES.—The Architect of the Capitol shall deposit 

any fees charged for services described in subsection (a) into the 

Fund.

(c) CONTENTS OF FUND.—The Fund shall consist of the following 

amounts:

(1) Amounts deposited by the Architect of the Capitol under 

subsection (b). 

(2) Any other amounts received by the Architect of the Capitol which are attributable to services provided by the Flag Office.

(3) Such other amounts as may be appropriated under law. 

(d) USE OF AMOUNTS IN FUND.—Amounts in the Fund shall be 

available for disbursement by the Architect of the Capitol, without 

fiscal year limitation, for expenses in connection with the services 

provided by the Flag Office, including— 

(1) supplies, inventories, equipment, and other expenses; 

(2) the reimbursement of any applicable appropriations account for amounts used from such appropriations account to 

pay the salaries of employees of the Flag Office; and 

(3) amounts necessary to carry out the authorized levels in 

the Fallen Heroes Flag Act of 2016. 

USE OF EXPIRED FUNDS FOR UNEMPLOYMENT COMPENSATION

PAYMENTS

SEC. 1204. (a) Available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol 

for reimbursing the Federal Employees Compensation Account (as 

established by section 909 of the Social Security Act) for any 

amounts paid with respect to unemployment compensation payments for former employees of the Architect of the Capitol, notwithstanding any other provision of law, without regard to the fiscal year for which the obligation to make such payments is incurred.

(b) This section shall apply with respect to fiscal year 2017 and 

each succeeding fiscal year. 

ARCHITECT OF THE CAPITOL CONTRACTING

SEC. 1205. In addition to recourses available under current policies and procedures, the Architect of the Capitol shall establish, 

document, and follow policies and procedures for suspension and 

debarment of firms or individuals the Architect has determined 

should be excluded from future contracts. The Architect shall provide for notice to other government agencies of suspension or debarment actions taken via the government-wide excluded parties 

system administered by the General Services Administration. The 

Architect shall consult the list of excluded parties when making responsibility determinations prior to the award of any contract. 

AUTHORITY FOR A HOUSE OFFICE BUILDINGS SHUTTLE

SEC. 1206. (a) The proviso in the item relating to ‘‘Capitol 

Grounds’’ in title VI of the Legislative Branch Appropriations Act, 

1977 (90 Stat. 1453; 2 U.S.C. 2163) is amended by striking ‘‘appro-
1392

priated under this heading’’ and inserting ‘‘appropriated for any 

available account of the Architect of the Capitol’’. 

(b) The amendment made by subsection (a) shall apply with respect to fiscal year 2017 and each succeeding fiscal year. 

LIBRARY OF CONGRESS 

SALARIES AND EXPENSES

For all necessary expenses of the Library of Congress not otherwise provided for, including development and maintenance of the 

Library’s catalogs; custody and custodial care of the Library buildings; special clothing; cleaning, laundering and repair of uniforms; 

preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; preparation and distribution of catalog records and other 

publications of the Library; hire or purchase of one passenger 

motor vehicle; and expenses of the Library of Congress Trust Fund 

Board not properly chargeable to the income of any trust fund held 

by the Board, $457,017,000, of which not more than $6,000,000 

shall be derived from collections credited to this appropriation during fiscal year 2017, and shall remain available until expended, 

under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 

U.S.C. 150) and not more than $350,000 shall be derived from collections during fiscal year 2017 and shall remain available until expended for the development and maintenance of an international 

legal information database and activities related thereto: Provided, That the Library of Congress may not obligate or expend any funds 

derived from collections under the Act of June 28, 1902, in excess 

of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That the total amount available 

for obligation shall be reduced by the amount by which collections 

are less than $6,350,000: Provided further, That of the total 

amount appropriated, not more than $12,000 may be expended, on 

the certification of the Librarian of Congress, in connection with official representation and reception expenses for the Overseas Field 

Offices: Provided further, That of the total amount appropriated, $8,444,000 shall remain available until expended for the digital collections and educational curricula program: Provided further, That 

of the total amount appropriated, $1,300,000 shall remain available 

until expended for upgrade of the Legislative Branch Financial 

Management System: Provided further, That of the total amount 

appropriated, $4,039,000 shall remain available until September 

30, 2019 to complete the first of three phases of the shelving replacement in the Law Library’s collection storage areas. 

COPYRIGHT OFFICE

SALARIES AND EXPENSES

For all necessary expenses of the Copyright Office, $68,825,000, 

of which not more than $33,619,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2017 under section 708(d) of title 17, United 

States Code: Provided, That the Copyright Office may not obligate 

or expend any funds derived from collections under such section, in 
1393

excess of the amount authorized for obligation or expenditure in 

appropriations Acts: Provided further, That not more than 

$5,929,000 shall be derived from collections during fiscal year 2017 

under sections 111(d)(2), 119(b)(3), 803(e), 1005, and 1316 of such 

title: Provided further, That the total amount available for obligation shall be reduced by the amount by which collections are less 

than $39,548,000: Provided further, That $6,179,000 shall be derived from prior year unobligated balances: Provided further, That 

not more than $100,000 of the amount appropriated is available for 

the maintenance of an ‘‘International Copyright Institute’’ in the 

Copyright Office of the Library of Congress for the purpose of 

training nationals of developing countries in intellectual property 

laws and policies: Provided further, That not more than $6,500 may 

be expended, on the certification of the Librarian of Congress, in 

connection with official representation and reception expenses for 

activities of the International Copyright Institute and for copyright 

delegations, visitors, and seminars: Provided further, That, notwithstanding any provision of chapter 8 of title 17, United States 

Code, any amounts made available under this heading which are 

attributable to royalty fees and payments received by the Copyright 

Office pursuant to sections 111, 119, and chapter 10 of such title 

may be used for the costs incurred in the administration of the 

Copyright Royalty Judges program, with the exception of the costs 

of salaries and benefits for the Copyright Royalty Judges and staff 

under section 802(e). 

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

For all necessary expenses to carry out the provisions of section 

203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) 

and to revise and extend the Annotated Constitution of the United 

States of America, $107,945,234: Provided, That no part of such 

amount may be used to pay any salary or expense in connection 

with any publication, or preparation of material therefor (except 

the Digest of Public General Bills), to be issued by the Library of 

Congress unless such publication has obtained prior approval of either the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the 

Senate.

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

For all necessary expenses to carry out the Act of March 3, 1931 

(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,248,000: Provided,

That of the total amount appropriated, $650,000 shall be available 

to contract to provide newspapers to blind and physically handicapped residents at no cost to the individual. 
1394

ADMINISTRATIVE PROVISIONS

REIMBURSABLE AND REVOLVING FUND ACTIVITIES

SEC. 1301. (a) IN GENERAL.—For fiscal year 2017, the 

obligational authority of the Library of Congress for the activities 

described in subsection (b) may not exceed $188,188,000. 

(b) ACTIVITIES.—The activities referred to in subsection (a) are 

reimbursable and revolving fund activities that are funded from 

sources other than appropriations to the Library in appropriations 

Acts for the legislative branch. 

LIBRARY OF CONGRESS NATIONAL COLLECTION STEWARDSHIP FUND

SEC. 1302. (a) ESTABLISHMENT.—There is hereby established in 

the Treasury of the United States, as an account for the Librarian 

of Congress, the ‘‘Library of Congress National Collection Stewardship Fund’’ (hereafter in this section referred to as the ‘‘Fund’’). 

(b) CONTENTS OF FUND.—The Fund shall consist of the following 

amounts:

(1) Such amounts as may be transferred by the Librarian 

from available amounts appropriated for any fiscal year for the 

Library of Congress under the heading ‘‘Salaries and Expenses’’.

(c) USE OF AMOUNTS.—Amounts in the Fund may be used by the 

Librarian as follows: 

(1) The Librarian may use amounts directly for the purpose 

of preparing collection materials of the Library of Congress for 

long-term storage. 

(2) The Librarian may transfer amounts to the Architect of 

the Capitol for the purpose of designing, constructing, altering, 

upgrading, and equipping collections preservation and storage 

facilities for the Library of Congress, or for the purpose of acquiring real property by lease for the preservation and storage 

of Library of Congress collections in accordance with section 

1102 of the Legislative Branch Appropriations Act, 2009 (2 

U.S.C. 1823a). 

(d) CONTINUING AVAILABILITY OF FUNDS.—Any amounts in the 

Fund shall remain available until expended. 

(e) ANNUAL REPORT.—Not later than 180 days after the end of 

each fiscal year, the Librarian shall submit a joint report on the 

Fund to the Joint Committee on the Library and the Committees 

on Appropriations of the House of Representatives and Senate. 

(f) INITIAL 5–YEAR PLAN.—Not later than 6 months after the date 

of the enactment of this Act, the Librarian shall submit to the 

Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate a report providing a plan for expenditures from the Fund for the first 5 fiscal 

years of the Fund’s operation. 

(g) NOTIFICATION OF TRANSFERS.—Prior to any transfer into the 

Fund, the Librarian shall notify the Joint Committee on the Library and the Committees on Appropriations of the House and the 

Senate of the amount and origin of funds to be transferred. 

(h) EFFECTIVE DATE.—This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year. 
1395

GOVERNMENT PUBLISHING OFFICE 

CONGRESSIONAL PUBLISHING

(INCLUDING TRANSFER OF FUNDS)

For authorized publishing of congressional information and the 

distribution of congressional information in any format; expenses 

necessary for preparing the semimonthly and session index to the 

Congressional Record, as authorized by law (section 902 of title 44, 

United States Code); publishing of Government publications authorized by law to be distributed to Members of Congress; and publishing, and distribution of Government publications authorized by 

law to be distributed without charge to the recipient, $79,736,000: 

Provided, That this appropriation shall not be available for paper 

copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates authorized under section 906 of title 44, United States Code: Provided

further, That this appropriation shall be available for the payment 

of obligations incurred under the appropriations for similar purposes for preceding fiscal years: Provided further, That notwithstanding the 2-year limitation under section 718 of title 44, United 

States Code, none of the funds appropriated or made available 

under this Act or any other Act for printing and binding and related services provided to Congress under chapter 7 of title 44, 

United States Code, may be expended to print a document, report, 

or publication after the 27-month period beginning on the date that 

such document, report, or publication is authorized by Congress to 

be printed, unless Congress reauthorizes such printing in accordance with section 718 of title 44, United States Code: Provided further, That any unobligated or unexpended balances in this account 

or accounts for similar purposes for preceding fiscal years may be 

transferred to the Government Publishing Office Business Operations Revolving Fund for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations 

of the House of Representatives and Senate: Provided further, That 

notwithstanding sections 901, 902, and 906 of title 44, United 

States Code, this appropriation may be used to prepare indexes to 

the Congressional Record on only a monthly and session basis. 

PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT OF

DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For expenses of the public information programs of the Office of 

Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries as authorized by law, $29,500,000: Provided, That amounts of 

not more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets 

and other related publications for fiscal years 2015 and 2016 to de-
1396

pository and other designated libraries: Provided further, That any 

unobligated or unexpended balances in this account or accounts for 

similar purposes for preceding fiscal years may be transferred to 

the Government Publishing Office Business Operations Revolving 

Fund for carrying out the purposes of this heading, subject to the 

approval of the Committees on Appropriations of the House of Representatives and Senate. 

GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS

REVOLVING FUND

For payment to the Government Publishing Office Business Operations Revolving Fund, $7,832,000, to remain available until expended, for information technology development and facilities repair: Provided, That the Government Publishing Office is hereby 

authorized to make such expenditures, within the limits of funds 

available and in accordance with law, and to make such contracts 

and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be 

necessary in carrying out the programs and purposes set forth in 

the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund: Provided further, That not more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in connection with official representation and reception expenses: Provided further, That the Business Operations Revolving Fund shall 

be available for the hire or purchase of not more than 12 passenger 

motor vehicles: Provided further, That expenditures in connection 

with travel expenses of the advisory councils to the Director of the 

Government Publishing Office shall be deemed necessary to carry 

out the provisions of title 44, United States Code: Provided further,

That the Business Operations Revolving Fund shall be available 

for temporary or intermittent services under section 3109(b) of title 

5, United States Code, but at rates for individuals not more than 

the daily equivalent of the annual rate of basic pay for level V of 

the Executive Schedule under section 5316 of such title: Provided

further, That activities financed through the Business Operations 

Revolving Fund may provide information in any format: Provided

further, That the Business Operations Revolving Fund and the 

funds provided under the heading ‘‘Public Information Programs of 

the Superintendent of Documents’’ may not be used for contracted 

security services at Government Publishing Office’s passport facility in the District of Columbia. 

GOVERNMENT ACCOUNTABILITY OFFICE 

SALARIES AND EXPENSES

For necessary expenses of the Government Accountability Office, 

including not more than $12,500 to be expended on the certification 

of the Comptroller General of the United States in connection with 

official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States 

Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level IV of the Executive 
1397

Schedule under section 5315 of such title; hire of one passenger 

motor vehicle; advance payments in foreign countries in accordance 

with section 3324 of title 31, United States Code; benefits comparable to those payable under sections 901(5), (6), and (8) of the 

Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and 

under regulations prescribed by the Comptroller General of the 

United States, rental of living quarters in foreign countries, 

$544,505,919: Provided, That, in addition, $23,350,000 of payments 

received under sections 782, 791, 3521, and 9105 of title 31, United 

States Code, shall be available without fiscal year limitation: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency which is 

a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance 

an appropriate share of either Forum’s costs as determined by the 

respective Forum, including necessary travel expenses of non-Federal participants: Provided further, That payments hereunder to 

the Forum may be credited as reimbursements to any appropriation from which costs involved are initially financed. 

OPEN WORLD LEADERSHIP CENTER TRUST FUND 

For a payment to the Open World Leadership Center Trust Fund 

for financing activities of the Open World Leadership Center under 

section 313 of the Legislative Branch Appropriations Act, 2001 (2 

U.S.C. 1151), $5,600,000: Provided, That funds made available to 

support Russian participants shall only be used for those engaging 

in free market development, humanitarian activities, and civic engagement, and shall not be used for officials of the central government of Russia. 

JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING 

AND DEVELOPMENT 

For payment to the John C. Stennis Center for Public Service 

Development Trust Fund established under section 116 of the John 

C. Stennis Center for Public Service Training and Development Act 

(2 U.S.C. 1105), $430,000. 

TITLE II 

GENERAL PROVISIONS 

MAINTENANCE AND CARE OF PRIVATE VEHICLES

SEC. 201. No part of the funds appropriated in this Act shall be 

used for the maintenance or care of private vehicles, except for 

emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the 

Senate issued by the Committee on Rules and Administration. 

FISCAL YEAR LIMITATION

SEC. 202. No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2017 unless expressly so provided in this Act. 
1398

RATES OF COMPENSATION AND DESIGNATION

SEC. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 et 

seq.) is appropriated for or the rate of compensation or designation 

of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the 

designation in this Act shall be the permanent law with respect 

thereto: Provided, That the provisions in this Act for the various 

items of official expenses of Members, officers, and committees of 

the Senate and House of Representatives, and clerk hire for Senators and Members of the House of Representatives shall be the 

permanent law with respect thereto. 

CONSULTING SERVICES

SEC. 204. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract, under section 3109 of title 5, United States Code, shall be limited to those 

contracts where such expenditures are a matter of public record 

and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued 

under existing law. 

COSTS OF LBFMC

SEC. 205. Amounts available for administrative expenses of any 

legislative branch entity which participates in the Legislative 

Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate 

share of LBFMC costs as determined by the LBFMC, except that 

the total LBFMC costs to be shared among all participating legislative branch entities (in such allocations among the entities as the 

entities may determine) may not exceed $2,000. 

LIMITATION ON TRANSFERS

SEC. 206. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

GUIDED TOURS OF THE CAPITOL

SEC. 207. (a) Except as provided in subsection (b), none of the 

funds made available to the Architect of the Capitol in this Act 

may be used to eliminate or restrict guided tours of the United 

States Capitol which are led by employees and interns of offices of 

Members of Congress and other offices of the House of Representatives and Senate. 

(b) At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol 

Police Board, guided tours of the United States Capitol which are 

led by employees and interns described in subsection (a) may be 

suspended temporarily or otherwise subject to restriction for secu-
1399

rity or related reasons to the same extent as guided tours of the 

United States Capitol which are led by the Architect of the Capitol. 

COMPUTER NETWORK ACTIVITY

SEC. 208. (a) None of the funds made available in this Act may 

be used to maintain or establish a computer network unless such 

network blocks the viewing, downloading, and exchanging of pornography.

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity to carry out criminal investigations, prosecution, or adjudication activities, or for any committee or other entity 

of Congress to carry out investigations or reports on any matter, 

or for the Library of Congress or the Copyright Office to carry out 

any of its responsibilities under law. 

This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2017’’. 

(1401)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H4031 of Book III. 

[CLERK’S NOTE: Reproduced below is the material relating to division I contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS 

ACT, 2017 

The following is an explanation of the effects of Division I, which 

makes appropriations for the Legislative Branch for fiscal year 

2017. Unless otherwise noted, reference to the House and Senate 

reports are to House Report 114–594 and Senate Report 114–258. 

The language included in these reports should be complied with 

and carry the same emphasis as the language included in the explanatory statement, unless specifically addressed to the contrary 

in this explanatory statement. While repeating some report language for emphasis, this explanatory statement does not intend to 

negate the language referred to above unless expressly provided 

herein.

Reprogramming Guidelines: It is expected that all agencies notify 

the Committees on Appropriations of the House and the Senate of 

any significant departures from budget plans presented to the 

Committees in any agency’s budget justifications. In particular, 

agencies funded through this bill are required to notify the Committees prior to each reprogramming of funds in excess of the lesser of 10 percent or $750,000 between programs, projects or activities, or in excess of $750,000 between object classifications (except 

for shifts within the pay categories, object class 11, 12, and 13 or 

as further specified in each agency’s respective section). This includes cumulative reprogrammings that together total at least 

$750,000 from or to a particular program, activity, or object classification as well as reprogramming FTEs or funds to create new organizational entities within the Agency or to restructure entities 

which already exist. The Committees desire to be notified of reprogramming actions which involve less than the above-mentioned 

amounts if such actions would have the effect of changing an agency’s funding requirements in future years or if programs or projects 

specifically cited in the Committee’s reports are affected. 

Cybersecurity: In lieu of Senate report language pertaining to cybersecurity, the universe of information technology (IT) is an ever 

evolving, fast paced environment in which the Federal Government 

operates. As such, this bill provides funding for additional technology infrastructure and security enhancements. 

There is concern, however, that a lack of standard operating procedures and known best practices related to technological investments, especially in the area of cybersecurity, may lead to wasteful 
1402

spending by the government. To that point, agencies involved in 

the Legislative Branch Cybersecurity Working Group (LBCWG) 

shall work to improve the overall cyber security posture of the Legislative Branch and are directed to complete an assessment of IT 

resiliency as developed by the LBCWG within 90 days of enactment 

of this act. These assessments will be provided to the Committees 

on Appropriations of the House and Senate, and to each agency’s 

authorizing oversight committee in both the House and Senate. 

Additionally, this report directs the Library of Congress to conduct a study with a federally funded research and development corporation to assess the requirements and constraints in implementing multi-factor authentication for Legislative Branch agencies. This study will be provided to the Committees on Appropriations of the House and Senate, Senate Committee on Rules and Administration, and the Committee on House Administration. This 

study must be completed prior to the Library executing on its 

multi-factor authentication request. 

TITLE I 

SENATE

The agreement includes $871,176,081 for Senate operations. This 

item relates solely to the Senate, and is in accordance with long 

practice under which each body determines its own housekeeping 

requirements and the other concurs without intervention. 

ADMINISTRATIVE PROVISIONS

The agreement provides for unspent amounts remaining in Senators’ Official Personnel and Office Expense Account to be used for 

deficit or debt reduction and authority for transfer of funds. 

HOUSE OF REPRESENTATIVES 

The agreement includes $1,189,050,766 for House operations. 

This item relates solely to the House, and is in accordance with 

long practice under which each body determines its own housekeeping requirements and the other concurs without intervention. 

Ford House Office Building Data Center Space: It is directed that 

any renovation plans for the data center space located in the Ford 

House Office Building commence no earlier than March 31, 2018 if 

those plans will impact data center operations of other Legislative 

Branch agencies. Accommodation should be given to affected agencies’ funding and information technology needs in finalizing such 

plans.

House Food Service: There is concern with continued food service 

issues surrounding lack of food variety, consistent quality of service, and management challenges with the food services provider. It 

is known that additional cafeteria renovations and reconfigurations 

are needed in the near future; prior to moving forward with any 

significant renovations the Chief Administrative Officer (CAO) in 

conjunction with the Architect of the Capitol should explore the 

feasibility of making available additional branded options to the 

House community. The findings should be reported to the House 

Committee on Appropriations and the Committee on House Admin-
1403

istration. Additionally, we are supportive of the CAO’s recently developed food service quality assurance program. The CAO is encouraged to work with oversight committees to make recommendations on ways to improve food service based on the findings of the 

program.

Cybersecurity Assistance: Cybersecurity is quickly emerging as 

one of the most important aspects of the House of Representatives’ 

security platform. Evolving threats and actors demand the House 

of Representatives, and the organizations under its jurisdiction, 

stay one step ahead. To that end, the House of Representatives’ response capabilities may, in significant circumstances, dictate the 

need for additional support and assistance from the executive 

branch.

It is realized that the nature of the support and assistance provided by the executive branch is contingent on the threats and 

vulnerabilities experienced by the House of Representatives. It is 

intended that the Speaker, in consultation with the Minority Leader, outline the type of infrequent executive branch assistance that 

may be required, including resources provided by the House of Representatives, resources provided by the executive branch, actions 

and constraints on those resources necessary to protect the Separation of Powers, privileges under the Speech or Debate Clause of the 

Constitution, and other constitutionally-derived powers and rules 

including those enacted pursuant to the Rulemaking Clause of the 

Constitution.

ADMINISTRATIVE PROVISIONS

The agreement provides for unspent amounts remaining in Members’ Representational Allowances account to be used for deficit or 

debt reduction; prohibits the delivery of bills and resolutions; prohibits the delivery of printed copies of the Congressional Record; 

places a limitation on amount available to lease vehicles; places a 

limitation on print copies of the U.S. Code; prohibits delivery of reports of disbursements, daily calendars, and printed copies of the 

Congressional Pictorial Directory; allows USCP dignitary protection 

detail to travel overseas with Members of the Leadership; prohibits 

delivery of telephone directories, Budget of the United States Government and Federal Register; and cybersecurity assistance. 

JOINT ITEMS 

JOINT ECONOMIC COMMITTEE

The agreement includes $4,203,000 for salaries and expenses. 

JOINT COMMITTEE ON TAXATION

The agreement includes $10,095,000 for salaries and expenses. 

OFFICE OF THE ATTENDING PHYSICIAN

The agreement includes $3,838,000. 
1404

OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

SALARIES AND EXPENSES

The agreement includes $1,429,000. 

CAPITOL POLICE 

SALARIES

The agreement includes $325,300,000 for salaries of the Capitol 

Police. An obligation plan is no longer needed as required in House 

Report 114–594. 

The increase includes full year funding for 24 hires added in 

FY2016 and half year costs of 72 hires expected to address implementation of additional screening and pre-screening at various 

building access points. The total staffing level is expected to be approximately 1,871 sworn and 372 civilian staff. No more than 

$36,805,000 is recommended for overtime in fiscal year 2017, which 

includes funds to support the staffing of the Thomas P. O’Neill 

Federal Office Building. This provides for approximately 587,000 

hours of additional duty. 

The agreement does not include funds for USCP overtime for requirements associated with the restoration of the Cannon House 

Renewal Project, or any other major construction projects undertaken by the Architect of the Capitol (AOC) as those funds are provided to the AOC as part of the overall project costs for those major 

projects and are paid to the USCP on a reimbursable basis. It is 

expected the USCP to operate within the designated funding level 

for requirements associated with each project. 

GENERAL EXPENSES

The agreement includes $68,000,000 for general expenses of the 

Capitol Police. 

ADMINISTRATIVE PROVISION

The agreement provides for disposal of lost and found property 

and acceptance of property from other Federal agencies. 

OFFICE OF COMPLIANCE 

SALARIES AND EXPENSES

The agreement includes $3,959,000. 

CONGRESSIONAL BUDGET OFFICE 

SALARIES AND EXPENSES

The agreement includes $46,500,000 for salaries and expenses. 

ADMINISTRATIVE PROVISION

The agreement authorizes senior level positions. 
1405

ARCHITECT OF THE CAPITOL 

The agreement includes $617,887,000 for the activities of the Architect of the Capitol (AOC). 

Construction Division: The Committees are aware of AOC’s practice of employing its Construction Division employees as shortterm, annual employees who do not have identical job protections 

and benefits available to permanent full-time employees. 

Therefore, the AOC is directed to submit a report detailing the 

structure and operations of the Construction Division within 90 

days of enactment. The report should include details on how the 

Construction Division’s capabilities are integrated into AOC’s 

project planning processes, how job security protections and other 

benefits are comparable to those extended to other AOC staff, how 

employment status affects workforce retention, AOC’s dependence 

on outside contractors, and whether or not the Construction Division is still meeting the goals and purpose of its original creation. 

Senate Restaurants: Concerns continue, as detailed in Senate Report 114–258, regarding findings that the food service provider for 

the Senate underpaid many of its employees by misclassifying their 

work duties, and that problems with contract compliance could continue. It is emphasized that the AOC shall follow all directives included in such report, particularly the directive for the AOC to consider all recourses in ensuring compliance and accountability with 

the contract. AOC is further directed to continue to consider all 

such recourses throughout the entire term of the contract if additional contract compliance problems arise. It is noted that the Government Accountability Office is conducting an audit of AOC’s oversight of the Senate restaurant contract and that the AOC Inspector 

General has taken steps to incorporate AOC’s restaurant contract 

management into its routine oversight. 

It is noted that the Architect has committed, including in written 

correspondence to and meetings with Members of the United State 

Senate, to fully institute comprehensive reforms of the AOC’s oversight of Senate restaurant contracts. Reforms include, but are not 

limited to: increasing the number of dedicated AOC staff to the 

oversight of restaurant contracts and ensuring such staff maintain 

a close and continuing connection to the Senate community; coordinating detailed, ongoing audits of employee wage rates and wage 

classifications; determining if areas of improvement to the contractor’s pay administration practices exist so that information is readily available and transparent to contract employees; facilitating 

training on applicable labor laws for both AOC staff and relevant 

contract staff; ensuring the contractor maintains a full-time, dedicated human resources manager on site; and ensuring specific improvements in contractor communications with its employees, including for communications to be available in multiple languages, 

as needed, and ensuring contractor employees have convenient access to report possible violations. It is expected that the reforms 

AOC has committed to will be fully instituted and formalized as 

standard operating procedures as soon as practicable. The AOC is 

directed to continue to immediately report all developments related 

to contractor oversight of Senate restaurants to both to the Senate 
1406

Committee on Appropriations and the Senate Committee on Rules 

and Administration. 

CAPITAL CONSTRUCTION AND OPERATIONS

The agreement includes $92,957,000 for Capital Construction and Operations, of which $1,368,000 shall remain available until 

September 30, 2021. 

With respect to operations and projects, the following is agreed 

to:

Operating Budget: .......................................................................................................................................... $91,589,000 

Project Budget: 

1. New Legislative Call System Installation ......................................................................................... 1,368,000 

Total, Capital Construction and Operations ................................................................................ $92,957,000

CAPITOL BUILDING

The agreement includes $32,584,000, for maintenance, care, and operation of the Capitol, of which $8,584,000 shall remain available 

until September 30, 2021. 

With respect to operations and projects, the following is agreed 

to:

Operating Budget: .......................................................................................................................................... $24,000,000 

Project Budget: 

1. Exterior Stone & Metal Preservation, West Facade, Phase III ......................................................... 5,582,000

2. Conservation of Fine and Architectural Art ...................................................................................... 502,000 

3. Minor Construction ............................................................................................................................ 2,500,000 

8,584,000

Total, Capitol Building ................................................................................................................. $32,584,000 

CAPITOL GROUNDS

The agreement includes $12,826,000 for the care and improvements of the grounds surrounding the Capitol, House and Senate 

office buildings, and the Capitol Power Plant, of which $2,946,000 

shall remain available until September 30, 2021. 

With respect to operations and projects, the following was agreed 

to:

Operating Budget: .......................................................................................................................................... $9,880,000 

Project Budget: 

1. Capitol Square Infrastructure Repair ............................................................................................... 946,000 

2. Minor Construction ............................................................................................................................ 2,000,000 

2,946,000

Total, Capitol Grounds ................................................................................................................. $12,826,000 

Use of Grounds: It is understood the need to maintain safety and 

order on the Capitol grounds and the Capitol Police are commended for their efforts. Given the family-style neighborhood that 

the Capitol shares with the surrounding community it is expected 

the Capitol Police continue to forebear enforcement of 2 U.S.C. 

1963 (‘‘An act to protect the public property, turf, and grass of the 

Capitol Grounds from injury’’) and the Traffic Regulations for the 
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United States Capitol Grounds when encountering snow sledders 

on the grounds. 

SENATE OFFICE BUILDINGS

The agreement includes $88,406,000 for the maintenance, care 

and operation of the Senate office buildings, of which $27,944,000 

shall remain available until September 30, 2021. 

Operating Budget: .......................................................................................................................................... $60,462,000 

Project Budget: 

1. Exterior Envelope Repair and Restoration, Phases IV and V, South and Southwest Facades, 

RSOB ................................................................................................................................................. 14,439,000 

2. Senate Underground Garage Renovations and Landscaping Restoration, Phase II ........................ 8,505,000 

3. Minor Construction ............................................................................................................................ 5,000,000 

27,944,000

Total, Senate Office Buildings ..................................................................................................... $88,406,000 

Bike Lanes. The Architect of the Capitol is commended for its efforts to develop a safe and accessible street system to better connect all road users to the U.S. Capitol, Union Station, and the National Mall by making cost-effective improvements to Louisiana Avenue, Constitution Avenue, and 3rd Street Northwest. The plan, as 

approved by the Senate Committee on Rules and Administration, 

would provide protected bike lanes on these roads to safely connect 

residents and tourists to Pennsylvania Avenue, the National Mall, 

the U.S. Capitol, Union Station, and the Metropolitan Branch 

Trail. As the AOC works during fiscal year 2017 to develop detailed 

specifications on these new bike lanes, the AOC should continue to 

coordinate with the District of Columbia Department of Transportation, consistent with the necessary approvals of the Senate Committee on Rules and Administration, to pursue completion of this 

project in a timely manner. The AOC is also reminded to ensure 

close coordination with the Senate Sergeant At Arms and among 

AOC jurisdictions to minimize impact on other campus projects and 

priorities.

This item relates solely to the Senate and is in accordance with 

long practice under which each body determines its own housekeeping requirements, and the other concurs without intervention. 

HOUSE OFFICE BUILDINGS

The agreement includes $185,731,000 for the basic and recurring 

needs of the House within the House Office Buildings account, of 

which $61,404,000 shall remain available until September 30, 2021 

and $62,000,000 shall remain available until expended. 

Operating Budget ........................................................................................................................................... $62,327,000 

Project Budget: 

1. Garage Rehabilitation, Phase II, RHOB ............................................................................................ 30,789,000 

2. Emergency Power Upgrades, RHOB & HUG’s ................................................................................... 19,955,000

3. CAO Project Support ......................................................................................................................... 3,660,000 

4. Restoration & Renovation, CHOB ..................................................................................................... 62,000,000 

5. Minor Construction ............................................................................................................................ 7,000,000 

123,404,000
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Total, House Office Buildings (base program) ............................................................................ $185,731,000

House Historic Buildings Revitalization Trust Fund: In addition 

to funding for core facility needs, the agreement includes 

$17,000,000 for the Historic Buildings Revitalization Trust Fund, 

to remain available until expended. 

This item relates solely to the House and is in accordance with 

long practice under which each body determines its own housekeeping requirements, and the other concurs without intervention. 

CAPITOL POWER PLANT

In addition to the $9,000,000 made available from receipts credited as reimbursements to this appropriation, the agreement includes $86,646,000 for maintenance, care and operation of the Capitol Power Plant, of which $9,505,000 shall remain available until 

September 30, 2021. 

With respect to operations and projects, the following is agreed 

to:

Operating Budget ........................................................................................................................................... $86,141,000 

Project Budget: 

1. Roof Replacement, PPBP and PPGP ................................................................................................. 3,805,000 

2. Cogeneration Management Program ................................................................................................ 1,700,000 

3. Minor Construction ............................................................................................................................ 4,000,000 

9,505,000

Subtotal, Capitol Power Plant ...................................................................................................... $95,646,000 

Offsetting Collections .......................................................................................................... (9,000,000) 

Total, Capitol Power Plant ........................................................................................................... $86,646,000 

LIBRARY BUILDINGS AND GROUNDS

The agreement includes $47,080,000 for Library of Congress 

buildings and grounds, of which $22,137,000 shall remain available 

until September 30, 2021. 

With respect to operations and projects, the following is agreed 

to:

Operating Budget ........................................................................................................................................... $24,943,000 

Project Budget: 

1. Garage Structural Repairs and Entry Improvements, JAB ............................................................... 8,722,000

2. Emergency Generator Replacement, TJB .......................................................................................... 4,901,000 

3. Elevator Modernization, JMMB MC1–MC4, JAB 13–14 ..................................................................... 4,292,000

4. East and West Main Pavilion Roof Replacement, TJB ..................................................................... 2,222,000

5. Minor Construction ............................................................................................................................ 2,000,000 

22,137,000

Total, Library Buildings and Grounds .......................................................................................... $47,080,000

CAPITOL POLICE BUILDINGS, GROUNDS, AND SECURITY

The agreement includes $20,033,000 for Capitol Police Buildings, Grounds, and Security, of which $2,500,000 shall remain available 

until September 30, 2021. 

With respect to operations and projects, the following is agreed 

to:
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Operating Budget ........................................................................................................................................... $17,533,000 

Project Budget: 

1. Minor Construction ............................................................................................................................ 2,500,000 

Total, Capitol Police Buildings, Grounds, and Security ............................................................... $20,033,000

BOTANIC GARDEN

The agreement includes $14,067,000 for salaries and expenses for the Botanic Garden, of which $4,054,000 shall remain available 

until September 30, 2021. 

With respect to operations and projects, the following is agreed 

to:

Operating Budget ........................................................................................................................................... $10,013,000 

Project Budget: 

1. Production Facility Renewal .............................................................................................................. 1,954,000 

2. Minor Construction ............................................................................................................................ 2,100,000 

4,054,000

Total, Botanic Garden .................................................................................................................. $14,067,000 

CAPITOL VISITOR CENTER

The agreement includes $20,557,000 for the Capitol Visitor Center.

ADMINISTRATIVE PROVISIONS

The agreement prohibits payments of bonuses to contractors behind schedule or over budget; prohibits expenditure of funds for 

scrims for projects performed by the Architect of the Capitol; establishes a Flag Office Revolving Fund; provides expired funds for unemployment compensation payments; directs the Architect of the 

Capitol to establish and follow formal procedures for suspension 

and debarment of contractors; and provides the Architect of the 

Capitol authority to operate shuttle service between the House Office Buildings jurisdiction and the U.S. Capitol. 

LIBRARY OF CONGRESS 

Subject Headings: In lieu of report language related to the Library of Congress’ subject headings, the Library of Congress is directed to make publicly available its process for changing or adding 

subject headings. It is expected that the Library use a process to 

change or add subject headings that is clearly defined, transparent, 

and allows input from stakeholders including those in the congressional community. The process should consider appropriate sources 

of common terminology used to refer to a concept, including current 

statutory language and other legal reference sources; and other 

sources, such as reference materials; websites; and, titles in the Library of Congress’ collection. 

SALARIES AND EXPENSES

The agreement includes $450,667,000 in direct appropriations 

and authority to spend receipts of $6,350,000. 
1410

This amount includes $6,563,000 for information technology security enhancements, $1,348,000 for digital collections management, 

$4,039,000 for shelving replacement in the Law Library’s collection 

storage areas, $1,888,000 for the Veterans History Project and 

$8,444,000 for the Teaching with Primary Sources program. 

Primary Computing Facility: In lieu of House report pertaining 

to the Library of Congress’ Primary Computing Facility (PCF), the 

Library’s current PCF built in the 1970’s, can no longer provide a 

sufficient level of data center reliability and resiliency. The Library 

has conducted a review of the necessary requirements and has assessed numerous options to remediate the deficiencies of its current 

PCF. $20,000,000 is being provided to move forward with this important initiative. Once fully developed the Library’s Chief Information Officer shall provide a time-line and plan on the Library’s 

transition out of its current PCF to the Committees on Appropriations of the House and Senate. 

Digital Collections Management: The agreement supports language included in Senate Report 114–258 and reiterates the need 

for the Library to develop an efficient, organization-wide system for 

acquiring, managing, and sharing digital materials. It is critical for 

the Library to have a comprehensive digital collection management 

plan in place that centralizes and builds on current expertise, staffing, and funding. The Committees look forward to considering future funding requests for additional FTE’s to add to current resources supporting digital collections as details for such plans are 

finalized.

eReader Program: The importance of having accessible reading 

material to U.S. citizens and residents who are unable to read 

printed material due to blindness or physical limitations is recognized. In 2016 Congress authorized the National Library Services 

for the Blind and Physically Handicapped (NLS) to provide readers 

for electronic braille (Public Law 114–219). This new authority is 

consistent with a 2016 Government Accountability Office report requested by the House Committee on Appropriations, which found 

that NLS could provide braille materials in a modern and potentially more cost-effective way by distributing braille eReaders to 

NLS patrons. In addition to the new authority NLS continues its 

mission of providing materials in audio and braille formats and 

players for talking books. 

It is encouraging that NLS is moving forward to implement the 

braille eReader program. There is support for the Library’s current 

approach to, within existing funds and in cooperation with an educational organization for the blind, pilot the introduction of braille 

eReaders, and, with information learned from the pilot, work with 

the network of participating NLS libraries to scale the braille 

eReader program up so that it can deliver the increased accessibility that Congress intended. 

COPYRIGHT OFFICE

SALARIES AND EXPENSES

The agreement includes $23,098,000 in direct appropriations to 

the Copyright Office. An additional $39,548,000 is made available 
1411

from receipts for salaries and expenses and $6,179,000 is available 

from prior year unobligated balances. 

Modernization: In lieu of direction provided in House Report 

114–595 and Senate Report 114–258, the agreement provides the 

following with regard to the Copyright Office. 

The House and Senate Committees on Appropriations fully understand and support the U.S. Copyright Office as it moves toward 

modernization in order to provide quality services and adapt to the 

continuously evolving copyright marketplace. In support of these 

efforts, the Copyright Office’s authority to spend receipts has been 

increased and it is expected that the additional funds made available will be used towards the modernization effort. 

As a necessary part of providing quality services, the need for a 

robust information technology modernization effort within the 

Copyright Office to support the growth of creativity and commercial 

artistic activity in our nation and to effectively serve users and 

copyright owners in the 21st century is recognized. Various legislative proposals exist with regard to the Copyright Office and this 

agreement takes no position on larger systemic changes being considered. Given the importance of the copyright system to the creative community, the Committees on Appropriations of the House 

and Senate are committed to improving the IT systems as broader 

discussions are being had by relevant Congressional authorizing 

committees.

Last year the Copyright Office was required to provide a plan on 

necessary IT upgrades to the Copyright Office and to seek public 

comments on efforts to modernize. A provisional report was received on February 29, 2016. However, the report did not include 

the level of detail or collaboration with the Library’s Chief Information Officer (CIO) as expected. Therefore, the Copyright Office is directed, in collaboration with the Library’s CIO, to modify the plan 

to include potential opportunities for shared efficiencies and costsavings as well as ways the Library’s CIO Office can support the 

Copyright Office in its overall modernization efforts. This report 

should also include any new funding strategies based on the comments received from the public regarding changes in fee structures. 

This modified plan is to be provided to the Committees on Appropriations of both the House and the Senate within 90 days. 

Without prejudice to the proposals on where the Copyright Office 

appropriately sits organizationally, it is recognized that there must 

be integration with the Library of Congress given it is currently a 

part of the Library. It is expected that the Copyright Office consult 

with the Library of Congress’ CIO on its modified IT plan and use 

of shared services, where practicable, should be reflected in the 

plan. However, with regard to copyright specific IT systems and 

larger Copyright issues, it is expected that the Library continue to 

defer to the expertise of the Register of Copyrights. 

Copyright Expertise: The Copyright Office has offered its expertise on copyright matters to the Executive Branch, including participation in international discussions, and expects the Office is expected to continue that important role. 
1412

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

The agreement includes $107,945,234 for salaries and expenses. 

Congressional Research Service Modernization: It is recognized 

that the Congressional Research Service (CRS) adhered to direction 

included in Senate Report 114–258 to examine ways in which the 

internal structure of the organization may be improved to meet the 

challenges of the ever-changing Congressional environment. The 

Director of CRS has already provided a verbal progress report on 

this internal examination to the Committees and will keep the 

Committees apprised of any structural changes moving forward. 

This obviates the need for a written report. 

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

The agreement includes $50,248,000 for salaries and expenses. 

ADMINISTRATIVE PROVISIONS

The agreement includes provisions regarding reimbursable and 

revolving funds carried in prior years and establishes a National 

Collection Stewardship Fund. 

GOVERNMENT PUBLISHING OFFICE 

CONGRESSIONAL PUBLISHING

(INCLUDING TRANSFER OF FUNDS)

The agreement includes $79,736,000 for authorized publishing, 

printing and binding for the Congress. 

PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT OF

DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The agreement includes $29,500,000. 

GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS

REVOLVING FUND

The agreement includes $7,832,000. 

GOVERNMENT ACCOUNTABILITY OFFICE 

SALARIES AND EXPENSES

The agreement includes $544,505,919 in direct appropriations for 

salaries and expenses of the Government Accountability Office 

(GAO). In addition, $23,350,000 is available from offsetting collections.

In lieu of the directives to the GAO contained in the House and 

Senate reports, this explanatory statement addresses matters on 
1413

which the House and Senate concur and action by the GAO is requested.

Technology Assessment: GAO’s work is recognized in the area of 

technology assessment, since being tasked with this responsibility 

in 2002. GAO has produced highly technical and scientific reports 

in response to Congressional requests and statutory requirements. 

These reports have included technology assessments (TA), and 

other reports to Congress that incorporate analysis of scientific, 

technological and engineering issues in their evaluations of federal 

programs. GAO has also produced best practice guides for use 

across government on the topics of lifecycle cost estimating, project 

scheduling, and technology readiness assessment. GAO’s work in 

these areas is led by GAO’s Center for Science, Technology, and 

Engineering (CSTE). 

GAO’s CSTE provides wide-ranging technical expertise across all 

of GAO’s areas of work, including support to various studies of federal programs with science and technology elements, such as cybersecurity, nuclear and environmental issues, and major technical 

systems acquisitions, among others. Also noted is the work of 

CSTE’s e-Security laboratory and Cost Engineering Sciences groups 

which conduct computer and network security evaluations and advanced operations research analyses (including cost, schedule, and 

technical performance), respectively. 

GAO has provided direct support to the Congress via congressional testimony, review of draft legislation, and the adoption of 

various report recommendations by Executive Branch agencies. 

GAO is commended for providing key direct technical support to 

various congressional committees on technology-focused topics such 

as the U.S. Capitol Police radio systems acquisition. 

It is noted that GAO is using rigorous methods in its technical 

reports, including engaging key external technical experts via 

group meetings conducted in partnership with the National Academies, cost-benefit analysis, risk analysis, technology maturity assessment, and scenario-based trend identification. 

Given the persistent and growing demand for this technical 

work, the Comptroller General is commended for his strategic initiative to build the scientific and technical capacity within GAO 

and encouraging further growth as the work portfolio requires. 

GAO is encouraged to continue a communication effort with Congress to ensure lawmakers are aware of these services. 

OPEN WORLD LEADERSHIP CENTER TRUST FUND 

The agreement includes $5,600,000. 

JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING 

AND DEVELOPMENT 

The agreement includes $430,000. 

TITLE II—GENERAL PROVISIONS 

The agreement continues provisions related to maintenance and 

care of private vehicles; fiscal year limitations; rates of compensation and designation; consulting services; costs of the LBFMC; limi-
1414

tation on transfers; guided tours of the Capitol; and computer network activity. 
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(1427)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2017 

(1429)

DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS 

ACT, 2017 

TITLE I 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the For- eign Service not otherwise provided for, $6,147,254,000, of which 

up to $637,166,000 may remain available until September 30, 2018, 

and of which up to $1,899,479,000 may remain available until expended for Worldwide Security Protection: Provided, That funds 

made available under this heading shall be allocated in accordance 

with paragraphs (1) through (4) as follows: 

(1) HUMAN RESOURCES.—For necessary expenses for training, 

human resources management, and salaries, including employment without regard to civil service and classification laws of 

persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and 

Educational Exchange Act of 1948, $2,529,387,000, of which up 

to $463,417,000 is for Worldwide Security Protection. 

(2) OVERSEAS PROGRAMS.—For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,401,847,000. 

(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary expenses for the functional bureaus of the Department of State, 

including representation to certain international organizations 

in which the United States participates pursuant to treaties 

ratified pursuant to the advice and consent of the Senate or 

specific Acts of Congress, general administration, and arms 

control, nonproliferation and disarmament activities as authorized, $757,713,000. 

(4) SECURITY PROGRAMS.—For necessary expenses for security activities, $1,458,307,000, of which up to $1,436,062,000 is 

for Worldwide Security Protection. 

(5) FEES AND PAYMENTS COLLECTED.—In addition to amounts 

otherwise made available under this heading— 

(A) as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed 

$5,000,000, to remain available until expended, may be 

credited to this appropriation from fees or other payments 

received from English teaching, library, motion pictures, 
1430

and publication programs and from fees from educational 

advising and counseling and exchange visitor programs; 

and

(B) not to exceed $15,000, which shall be derived from 

reimbursements, surcharges, and fees for use of Blair 

House facilities. 

(6) TRANSFER OF FUNDS, REPROGRAMMING, AND OTHER MAT- TERS.—

(A) Notwithstanding any other provision of this Act, 

funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 7015 of this Act. 

(B) Of the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and 

merged with, funds made available by this Act under the 

heading ‘‘Emergencies in the Diplomatic and Consular 

Service’’, to be available only for emergency evacuations 

and rewards, as authorized. 

(C) Funds appropriated under this heading are available 

for acquisition by exchange or purchase of passenger motor 

vehicles as authorized by law and, pursuant to section 

1108(g) of title 31, United States Code, for the field examination of programs and activities in the United States 

funded from any account contained in this title. 

(D) Funds appropriated under this heading may be made 

available for Conflict Stabilization Operations and for related reconstruction and stabilization assistance to prevent 

or respond to conflict or civil strife in foreign countries or 

regions, or to enable transition from such strife. 

(E) Funds appropriated under this heading in this Act 

that are designated for Worldwide Security Protection 

shall continue to be made available for support of securityrelated training at sites in existence prior to the enactment of this Act. 

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, as authorized, $12,600,000, to remain available until expended. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

$87,069,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 (Public Law 96–465), as it relates to post inspections: Provided, That of the funds appropriated under this heading, 

$13,060,000 may remain available until September 30, 2018. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs, as 

authorized, $634,143,000, to remain available until expended, of 

which not less than $240,000,000 shall be for the Fulbright Program and not less than $111,360,000 shall be for Citizen Exchange 

Program, including $4,125,000 for the Congress-Bundestag Youth 

Exchange: Provided, That fees or other payments received from, or 
1431

in connection with, English teaching, educational advising and 

counseling programs, and exchange visitor programs as authorized 

may be credited to this account, to remain available until expended: Provided further, That a portion of the Fulbright awards 

from the Eurasia and Central Asia regions shall be designated as 

Edmund S. Muskie Fellowships, following consultation with the 

Committees on Appropriations: Provided further, That Department 

of State-designated sponsors may not issue a Form DS–2019 (Certificate of Eligibility for Exchange Visitor (J–1) Status) to place student participants in seafood product preparation or packaging positions in the Summer Work Travel program in fiscal year 2017 unless prior to issuing such Form the sponsor provides to the Secretary of State a description of such program and verifies in writing to the Secretary that such program fully complies with part 62 

of title 22 of the Code of Federal Regulations, notwithstanding subsection 62.32(h)(16) of such part, and with the requirements specified in Senate Report 114–290: Provided further, That any substantive modifications from the prior fiscal year to programs funded by this Act under this heading shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

REPRESENTATION EXPENSES

For representation expenses as authorized, $8,030,000. 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary of 

State to provide for extraordinary protective services, as authorized, $30,344,000, to remain available until September 30, 2018. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service 

Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining, repairing, and planning for buildings that are owned or directly leased by the Department of State, renovating, in addition 

to funds otherwise available, the Harry S Truman Building, and 

carrying out the Diplomatic Security Construction Program as authorized, $759,161,000, to remain available until expended, of 

which not to exceed $25,000 may be used for domestic and overseas 

representation expenses as authorized: Provided, That none of the 

funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments 

and agencies of the United States Government. 

In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $358,698,000, to remain available until expended: Provided, That not later than 45 days after 

enactment of this Act, the Secretary of State shall submit to the 

Committees on Appropriations the proposed allocation of funds 

made available under this heading and the actual and anticipated 

proceeds of sales for all projects in fiscal year 2017. 
1432

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For necessary expenses to enable the Secretary of State to meet 

unforeseen emergencies arising in the Diplomatic and Consular 

Service, as authorized, $7,900,000, to remain available until expended, of which not to exceed $1,000,000 may be transferred to, 

and merged with, funds appropriated by this Act under the heading ‘‘Repatriation Loans Program Account’’, subject to the same 

terms and conditions. 

REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $1,300,000, as authorized: Provided, That such costs, including the cost of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974: Provided further, That such funds are available to subsidize 

gross obligations for the principal amount of direct loans not to exceed $2,433,545. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act (Public Law 96–8), $31,963,000. 

INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA

Not to exceed $1,806,600 shall be derived from fees collected 

from other executive agencies for lease or use of facilities at the 

International Center in accordance with section 4 of the International Center Act (Public Law 90–553), and, in addition, as authorized by section 5 of such Act, $1,320,000, to be derived from the 

reserve authorized by such section, to be used for the purposes set 

out in that section. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and 

consent of the Senate, conventions or specific Acts of Congress, 

$1,262,966,000: Provided, That the Secretary of State shall, at the 

time of the submission of the President’s budget to Congress under 

section 1105(a) of title 31, United States Code, transmit to the 

Committees on Appropriations the most recent biennial budget prepared by the United Nations for the operations of the United Nations: Provided further, That the Secretary of State shall notify the 

Committees on Appropriations at least 15 days in advance (or in 

an emergency, as far in advance as is practicable) of any United 

Nations action to increase funding for any United Nations program 

without identifying an offsetting decrease elsewhere in the United 
1433

Nations budget: Provided further, That not later than June 1, 2017, 

and 30 days after the end of fiscal year 2017, the Secretary of State 

shall report to the Committees on Appropriations any credits attributable to the United States, including from the United Nations 

Tax Equalization Fund, and provide updated fiscal year 2017 and 

fiscal year 2018 assessment costs including offsets from available 

credits and updated foreign currency exchange rates: Provided further, That any such credits shall only be available for United 

States assessed contributions to the United Nations regular budget, 

and the Committees on Appropriations shall be notified when such 

credits are applied to any assessed contribution, including any payment of arrearages: Provided further, That any notification regarding funds appropriated or otherwise made available under this 

heading in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs submitted pursuant to section 7015 of this Act, section 34 of the State 

Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or any 

operating plan submitted pursuant to section 7076 of this Act, shall 

include an estimate of all known credits currently attributable to 

the United States and provide updated assessment costs including 

offsets from available credits and updated foreign currency exchange rates: Provided further, That any payment of arrearages 

under this heading shall be directed to activities that are mutually 

agreed upon by the United States and the respective international 

organization and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That 

none of the funds appropriated under this heading shall be available for a United States contribution to an international organization for the United States share of interest costs made known to 

the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses of 

international peacekeeping activities directed to the maintenance 

or restoration of international peace and security, $552,904,000, of 

which 15 percent shall remain available until September 30, 2018: 

Provided, That none of the funds made available by this Act shall 

be obligated or expended for any new or expanded United Nations 

peacekeeping mission unless, at least 15 days in advance of voting 

for such mission in the United Nations Security Council (or in an 

emergency as far in advance as is practicable), the Committees on 

Appropriations are notified of: (1) the estimated cost and duration 

of the mission, the objectives of the mission, the national interest 

that will be served, and the exit strategy; and (2) the sources of 

funds, including any reprogrammings or transfers, that will be 

used to pay the cost of the new or expanded mission, and the estimated cost in future fiscal years: Provided further, That none of the 

funds appropriated under this heading may be made available for 

obligation unless the Secretary of State certifies and reports to the 

Committees on Appropriations on a peacekeeping mission-by-mission basis that the United Nations is implementing effective policies and procedures to prevent United Nations employees, contractor personnel, and peacekeeping troops serving in such mission 
1434

from trafficking in persons, exploiting victims of trafficking, or committing acts of sexual exploitation and abuse or other violations of 

human rights, and to bring to justice individuals who engage in 

such acts while participating in such mission, including prosecution 

in their home countries and making information about such prosecutions publicly available on the Web site of the United Nations: 

Provided further, That the Secretary of State shall work with the 

United Nations and foreign governments contributing peacekeeping 

troops to implement effective vetting procedures to ensure that 

such troops have not violated human rights: Provided further, That 

funds shall be available for peacekeeping expenses unless the Secretary of State determines that United States manufacturers and 

suppliers are not being given opportunities to provide equipment, 

services, and material for United Nations peacekeeping activities 

equal to those being given to foreign manufacturers and suppliers: 

Provided further, That none of the funds appropriated or otherwise 

made available under this heading may be used for any United Nations peacekeeping mission that will involve United States Armed 

Forces under the command or operational control of a foreign national, unless the President’s military advisors have submitted to 

the President a recommendation that such involvement is in the 

national interest of the United States and the President has submitted to Congress such a recommendation: Provided further, That 

not later than June 1, 2017, and 30 days after the end of fiscal year 

2017, the Secretary of State shall report to the Committees on Appropriations any credits attributable to the United States, including those resulting from United Nations peacekeeping missions or 

the United Nations Tax Equalization Fund, and provide updated 

fiscal year 2017 and fiscal year 2018 assessment costs including offsets from available credits: Provided further, That any such credits 

shall only be available for United States assessed contributions to 

United Nations peacekeeping missions, and the Committees on Appropriations shall be notified when such credits are applied to any 

assessed contribution, including any payment of arrearages: Provided further, That any notification regarding funds appropriated 

or otherwise made available under this heading in this Act or prior 

Acts making appropriations for the Department of State, foreign 

operations, and related programs submitted pursuant to section 

7015 of this Act, section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or any operating plan submitted 

pursuant to section 7076 of this Act, shall include an estimate of 

all known credits currently attributable to the United States and 

provide updated assessment costs including offsets from available 

credits: Provided further, That any payment of arrearages with 

funds appropriated by this Act shall be subject to the regular notification procedures of the Committees on Appropriations: Provided

further, That the Secretary of State shall work with the United Nations and members of the United Nations Security Council to 

evaluate and prioritize peacekeeping missions, and to consider a 

draw down when mission goals have been substantially achieved. 
1435

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts 

of Congress, as follows: 

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

Mexico, and to comply with laws applicable to the United States 

Section, including not to exceed $6,000 for representation expenses; 

as follows: 

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, 

$48,134,000.

CONSTRUCTION

For detailed plan preparation and construction of authorized 

projects, $29,400,000, to remain available until expended, as authorized.

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and the 

Border Environment Cooperation Commission as authorized by the 

North American Free Trade Agreement Implementation Act (Public 

Law 103–182), $12,258,000: Provided, That of the amount provided 

under this heading for the International Joint Commission, up to 

$500,000 may remain available until September 30, 2018, and 

$9,000 may be made available for representation expenses. 

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, 

not otherwise provided for, as authorized by law, $37,502,000: Provided, That the United States share of such expenses may be advanced to the respective commissions pursuant to section 3324 of 

title 31, United States Code. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses to enable the Broadcasting Board of Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio, Internet, and television broadcasting to the Middle East, $772,108,000: 

Provided, That in addition to amounts otherwise available for such 
1436

purposes, up to $32,501,000 of the amount appropriated under this 

heading may remain available until expended for satellite transmissions and Internet freedom programs, of which not less than 

$13,800,000 shall be for Internet freedom programs: Provided further, That of the total amount appropriated under this heading, not to exceed $35,000 may be used for representation expenses, of 

which $10,000 may be used for such expenses within the United 

States as authorized, and not to exceed $30,000 may be used for 

representation expenses of Radio Free Europe/Radio Liberty: Provided further, That the BBG shall notify the Committees on Appropriations within 15 days of any determination by the BBG that any 

of its broadcast entities, including its grantee organizations, provides an open platform for international terrorists or those who 

support international terrorism, or is in violation of the principles 

and standards set forth in subsections (a) and (b) of section 303 of 

the United States International Broadcasting Act of 1994 (22 

U.S.C. 6202) or the entity’s journalistic code of ethics: Provided further, That significant modifications to BBG broadcast hours previously justified to Congress, including changes to transmission 

platforms (shortwave, medium wave, satellite, Internet, and television), for all BBG language services shall be subject to the regular notification procedures of the Committees on Appropriations: 

Provided further, That in addition to funds made available under 

this heading, and notwithstanding any other provision of law, up 

to $5,000,000 in receipts from advertising and revenue from business ventures, up to $500,000 in receipts from cooperating international organizations, and up to $1,000,000 in receipts from privatization efforts of the Voice of America and the International 

Broadcasting Bureau, shall remain available until expended for 

carrying out authorized purposes. 

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, repair, preservation, and 

improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission and 

reception, including to Cuba, as authorized; and physical security 

worldwide, in addition to amounts otherwise available for such purposes, $9,700,000, to remain available until expended, as authorized.

RELATED PROGRAMS 

THE ASIA FOUNDATION

For a grant to The Asia Foundation, as authorized by The Asia 

Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available 

until expended. 

UNITED STATES INSTITUTE OF PEACE

For necessary expenses of the United States Institute of Peace, 

as authorized by the United States Institute of Peace Act (22 

U.S.C. 4601 et seq.), $37,884,000, to remain available until September 30, 2018, which shall not be used for construction activities. 
1437

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078), the total 

amount of the interest and earnings accruing to such Fund on or 

before September 30, 2017, to remain available until expended. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower 

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest and earnings accruing to the Eisenhower Exchange Fellowship 

Program Trust Fund on or before September 30, 2017, to remain 

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by section 5376 of title 5, United 

States Code; or for purposes which are not in accordance with section 200 of title 2 of the Code of Federal Regulations, including the 

restrictions on compensation for personal services. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program, 

as authorized by section 214 of the Foreign Relations Authorization 

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and 

earnings accruing to the Israeli Arab Scholarship Fund on or before 

September 30, 2017, to remain available until expended. 

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out the 

provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the 

State of Hawaii, $16,700,000. 

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment 

for Democracy Act (22 U.S.C. 4412), $170,000,000, to remain available until expended, of which $117,500,000 shall be allocated in the 

traditional and customary manner, including for the core institutes, 

and $52,500,000 shall be for democracy programs. 

OTHER COMMISSIONS 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For necessary expenses for the Commission for the Preservation 

of America’s Heritage Abroad, $888,000, as authorized by chapter 
1438

3123 of title 54, United States Code: Provided, That the Commission may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter: 

Provided further, That such authority shall terminate on October 

1, 2017: Provided further, That the Commission shall notify the 

Committees on Appropriations prior to exercising such authority. 

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS

FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on 

International Religious Freedom, as authorized by title II of the 

International Religious Freedom Act of 1998 (22 U.S.C. 6431 et 

seq.), $3,500,000, to remain available until September 30, 2018, including not more than $4,000 for representation expenses. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304, 

$2,579,000, including not more than $4,000 for representation expenses, to remain available until September 30, 2018. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized by title III 

of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911 et seq.), 

$2,000,000, including not more than $3,000 for representation expenses, to remain available until September 30, 2018. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic and 

Security Review Commission, as authorized by section 1238 of the 

Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (22 U.S.C. 7002), $3,500,000, including not more than 

$4,000 for representation expenses, to remain available until September 30, 2018: Provided, That the authorities, requirements, limitations, and conditions contained in the second through sixth provisos under this heading in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F 

of Public Law 111–117) shall continue in effect during fiscal year 

2017 and shall apply to funds appropriated under this heading as 

if included in this Act. 
1439

TITLE II 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

For necessary expenses to carry out the provisions of section 667 

of the Foreign Assistance Act of 1961, $1,204,609,000, of which up 

to $180,691,000 may remain available until September 30, 2018: 

Provided, That none of the funds appropriated under this heading 

and under the heading ‘‘Capital Investment Fund’’ in this title may 

be made available to finance the construction (including architect 

and engineering services), purchase, or long-term lease of offices for 

use by the United States Agency for International Development, 

unless the USAID Administrator has identified such proposed use 

of funds in a report submitted to the Committees on Appropriations 

at least 15 days prior to the obligation of funds for such purposes: 

Provided further, That contracts or agreements entered into with 

funds appropriated under this heading may entail commitments for 

the expenditure of such funds through the following fiscal year: 

Provided further, That the authority of sections 610 and 109 of the 

Foreign Assistance Act of 1961 may be exercised by the Secretary 

of State to transfer funds appropriated to carry out chapter 1 of 

part I of such Act to ‘‘Operating Expenses’’ in accordance with the 

provisions of those sections: Provided further, That of the funds appropriated or made available under this heading, not to exceed 

$250,000 may be available for representation and entertainment 

expenses, of which not to exceed $5,000 may be available for entertainment expenses, and not to exceed $100,500 shall be for official 

residence expenses, for USAID during the current fiscal year. 

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related 

costs, and for the procurement and enhancement of information 

technology and related capital investments, pursuant to section 667 

of the Foreign Assistance Act of 1961, $174,985,000, to remain 

available until expended: Provided, That this amount is in addition 

to funds otherwise available for such purposes: Provided further,

That funds appropriated under this heading shall be available subject to the regular notification procedures of the Committees on Appropriations.

OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 667 

of the Foreign Assistance Act of 1961, $67,600,000, of which up to 

$10,140,000 may remain available until September 30, 2018, for 

the Office of Inspector General of the United States Agency for 

International Development. 
1440

TITLE III 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

For necessary expenses to enable the President to carry out the 

provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows: 

GLOBAL HEALTH PROGRAMS

For necessary expenses to carry out the provisions of chapters 1 

and 10 of part I of the Foreign Assistance Act of 1961, for global 

health activities, in addition to funds otherwise available for such 

purposes, $3,054,950,000, to remain available until September 30, 

2018, and which shall be apportioned directly to the United States 

Agency for International Development: Provided, That this amount 

shall be made available for training, equipment, and technical assistance to build the capacity of public health institutions and organizations in developing countries, and for such activities as: (1) 

child survival and maternal health programs; (2) immunization and 

oral rehydration programs; (3) other health, nutrition, water and 

sanitation programs which directly address the needs of mothers 

and children, and related education programs; (4) assistance for 

children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on 

HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to 

communities severely affected by HIV/AIDS, including children infected or affected by AIDS; (6) disaster preparedness training for 

health crises; (7) programs to prevent, prepare for, and respond to, 

unanticipated and emerging global health threats; and (8) family 

planning/reproductive health: Provided further, That funds appropriated under this paragraph may be made available for a United 

States contribution to the GAVI Alliance: Provided further, That 

none of the funds made available in this Act nor any unobligated 

balances from prior appropriations Acts may be made available to 

any organization or program which, as determined by the President 

of the United States, supports or participates in the management 

of a program of coercive abortion or involuntary sterilization: Provided further, That any determination made under the previous 

proviso must be made not later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and 

criteria utilized to make the determination: Provided further, That 

none of the funds made available under this Act may be used to 

pay for the performance of abortion as a method of family planning 

or to motivate or coerce any person to practice abortions: Provided

further, That nothing in this paragraph shall be construed to alter 

any existing statutory prohibitions against abortion under section 

104 of the Foreign Assistance Act of 1961: Provided further, That 

none of the funds made available under this Act may be used to 

lobby for or against abortion: Provided further, That in order to reduce reliance on abortion in developing nations, funds shall be 

available only to voluntary family planning projects which offer, ei-
1441

ther directly or through referral to, or information about access to, 

a broad range of family planning methods and services, and that 

any such voluntary family planning project shall meet the following 

requirements: (1) service providers or referral agents in the project 

shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this 

provision shall not be construed to include the use of quantitative 

estimates or indicators for budgeting and planning purposes); (2) 

the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for 

achieving a numerical target or quota of total number of births, 

number of family planning acceptors, or acceptors of a particular 

method of family planning; (3) the project shall not deny any right 

or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a 

consequence of any individual’s decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of 

the method chosen, including those conditions that might render 

the use of the method inadvisable and those adverse side effects 

known to be consequent to the use of the method; and (5) the 

project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a 

scientific study in which participants are advised of potential risks 

and benefits; and, not less than 60 days after the date on which 

the USAID Administrator determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) 

of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator 

shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action 

taken by the Agency: Provided further, That in awarding grants for 

natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant’s religious or conscientious commitment to 

offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: 

Provided further, That for purposes of this or any other Act authorizing or appropriating funds for the Department of State, foreign 

operations, and related programs, the term ‘‘motivate’’, as it relates 

to family planning assistance, shall not be construed to prohibit the 

provision, consistent with local law, of information or counseling 

about all pregnancy options: Provided further, That information 

provided about the use of condoms as part of projects or activities 

that are funded from amounts appropriated by this Act shall be 

medically accurate and shall include the public health benefits and 

failure rates of such use. 

In addition, for necessary expenses to carry out the provisions of 

the Foreign Assistance Act of 1961 for the prevention, treatment, 

and control of, and research on, HIV/AIDS, $5,670,000,000, to remain available until September 30, 2021, which shall be apportioned directly to the Department of State: Provided, That funds 
1442

appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United 

States Leadership Against HIV/AIDS, Tuberculosis, and Malaria 

Act of 2003 (Public Law 108–25), as amended, for a United States 

contribution to the Global Fund to Fight AIDS, Tuberculosis and 

Malaria (Global Fund), and shall be expended at the minimum rate 

necessary to make timely payment for projects and activities: Provided further, That the amount of such contribution should be 

$1,350,000,000: Provided further, That section 202(d)(4)(A)(i) and 

(vi) of Public Law 108–25, as amended, shall be applied with respect to such funds made available for fiscal years 2015 through 

2017 by substituting ‘‘2004’’ for ‘‘2009’’: Provided further, That up 

to 5 percent of the aggregate amount of funds made available to 

the Global Fund in fiscal year 2017 may be made available to 

USAID for technical assistance related to the activities of the Global Fund, subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds ap- propriated under this paragraph, up to $17,000,000 may be made 

available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the United 

States Global AIDS Coordinator. 

DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections 

103, 105, 106, 214, and sections 251 through 255, and chapter 10 

of part I of the Foreign Assistance Act of 1961, $2,995,465,000, to 

remain available until September 30, 2018. 

INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses to carry out the provisions of section 491 

of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $498,483,000, to 

remain available until expended. 

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation 

and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of 

1961, $35,600,000, to remain available until expended, to support 

transition to democracy and long-term development of countries in 

crisis: Provided, That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the USAID Administrator 

shall submit a report to the Committees on Appropriations at least 

5 days prior to beginning a new program of assistance: Provided

further, That if the Secretary of State determines that it is important to the national interest of the United States to provide transition assistance in excess of the amount appropriated under this 

heading, up to $15,000,000 of the funds appropriated by this Act 

to carry out the provisions of part I of the Foreign Assistance Act 

of 1961 may be used for purposes of this heading and under the 
1443

authorities applicable to funds appropriated under this heading: 

Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation 

with the Committees on Appropriations. 

COMPLEX CRISES FUND

For necessary expenses to carry out the provisions of the Foreign 

Assistance Act of 1961 to support programs and activities to prevent or respond to emerging or unforeseen foreign challenges and 

complex crises overseas, $10,000,000, to remain available until expended: Provided, That funds appropriated under this heading may 

be made available on such terms and conditions as are appropriate 

and necessary for the purposes of preventing or responding to such 

challenges and crises, except that no funds shall be made available 

for lethal assistance or to respond to natural disasters: Provided

further, That funds appropriated under this heading may be made 

available notwithstanding any other provision of law, except sections 7007, 7008, and 7018 of this Act and section 620M of the Foreign Assistance Act of 1961: Provided further, That funds appropriated under this heading may be used for administrative expenses, in addition to funds otherwise available for such purposes, 

except that such expenses may not exceed 5 percent of the funds 

appropriated under this heading: Provided further, That funds appropriated under this heading shall be subject to the regular notification procedures of the Committees on Appropriations, except that 

such notifications shall be transmitted at least 5 days prior to the 

obligation of funds. 

DEVELOPMENT CREDIT AUTHORITY

For the cost of direct loans and loan guarantees provided by the 

United States Agency for International Development, as authorized 

by sections 256 and 635 of the Foreign Assistance Act of 1961, up 

to $50,000,000 may be derived by transfer from funds appropriated 

by this Act to carry out part I of such Act and under the heading 

‘‘Assistance for Europe, Eurasia and Central Asia’’: Provided, That 

funds provided under this paragraph and funds provided as a gift 

that are used for purposes of this paragraph pursuant to section 

635(d) of the Foreign Assistance Act of 1961 shall be made available only for micro- and small enterprise programs, urban programs, and other programs which further the purposes of part I of 

such Act: Provided further, That funds provided as a gift that are 

used for purposes of this paragraph shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That such costs, including the cost of modifying such direct and guaranteed loans, 

shall be as defined in section 502 of the Congressional Budget Act 

of 1974, as amended: Provided further, That funds made available 

by this paragraph may be used for the cost of modifying any such 

guaranteed loans under this Act or prior Acts making appropriations for the Department of State, foreign operations, and related 

programs, and funds used for such cost, including if the cost results 

in a negative subsidy, shall be subject to the regular notification 

procedures of the Committees on Appropriations: Provided further,
1444

That the provisions of section 107A(d) (relating to general provisions applicable to the Development Credit Authority) of the Foreign Assistance Act of 1961, as contained in section 306 of H.R. 

1486 as reported by the House Committee on International Relations on May 9, 1997, shall be applicable to direct loans and loan 

guarantees provided under this heading, except that the principal 

amount of loans made or guaranteed under this heading with respect to any single country shall not exceed $300,000,000: Provided

further, That these funds are available to subsidize total loan principal, any portion of which is to be guaranteed, of up to 

$1,750,000,000.

In addition, for administrative expenses to carry out credit pro- grams administered by USAID, $10,000,000, which may be transferred to, and merged with, funds made available under the heading ‘‘Operating Expenses’’ in title II of this Act: Provided, That 

funds made available under this heading shall remain available 

until September 30, 2019. 

ECONOMIC SUPPORT FUND

For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $1,041,761,000, to 

remain available until September 30, 2018. 

DEMOCRACY FUND

For necessary expenses to carry out the provisions of the Foreign 

Assistance Act of 1961 for the promotion of democracy globally, including to carry out the purposes of section 502(b)(3) and (5) of 

Public Law 98–164 (22 U.S.C. 4411), $145,375,000, to remain available until September 30, 2018, which shall be made available for 

the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor, Department of State: Provided, That funds appropriated under this heading that are made available to the National Endowment for Democracy and its core institutes are in addition to amounts otherwise available by this Act for 

such purposes: Provided further, That the Assistant Secretary for 

Democracy, Human Rights, and Labor, Department of State, shall 

consult with the Committees on Appropriations prior to the obligation of funds appropriated under this paragraph. For an additional amount for such purposes, $65,125,000, to remain available until September 30, 2018, which shall be made 

available for the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development.

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For necessary expenses to carry out the provisions of the Foreign 

Assistance Act of 1961, the FREEDOM Support Act (Public Law 

102–511), and the Support for Eastern European Democracy 

(SEED) Act of 1989 (Public Law 101–179), $291,638,000, to remain 

available until September 30, 2018, which shall be available, notwithstanding any other provision of law, except section 7070 of this 

Act, for assistance and related programs for countries identified in 

section 3 of Public Law 102–511 and section 3(c) of Public Law 
1445

101–179, in addition to funds otherwise available for such purposes: Provided, That funds appropriated by this Act under the 

headings ‘‘Global Health Programs’’ and ‘‘Economic Support Fund’’ 

that are made available for assistance for such countries shall be 

administered in accordance with the responsibilities of the coordinator designated pursuant to section 102 of Public Law 102–511 

and section 601 of Public Law 101–179: Provided further, That 

funds appropriated under this heading shall be considered to be 

economic assistance under the Foreign Assistance Act of 1961 for 

purposes of making available the administrative authorities contained in that Act for the use of economic assistance. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For necessary expenses not otherwise provided for, to enable the 

Secretary of State to carry out the provisions of section 2(a) and (b) 

of the Migration and Refugee Assistance Act of 1962, and other activities to meet refugee and migration needs; salaries and expenses 

of personnel and dependents as authorized by the Foreign Service 

Act of 1980; allowances as authorized by sections 5921 through 

5925 of title 5, United States Code; purchase and hire of passenger 

motor vehicles; and services as authorized by section 3109 of title 

5, United States Code, $912,802,000, to remain available until expended, of which not less than $35,000,000 shall be made available 

to respond to small-scale emergency humanitarian requirements, 

and $7,500,000 shall be made available for refugees resettling in 

Israel.

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section 2(c) 

of the Migration and Refugee Assistance Act of 1962, as amended 

(22 U.S.C. 2601(c)), $10,000,000, to remain available until expended.

INDEPENDENT AGENCIES

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of the Peace 

Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not 

to exceed five passenger motor vehicles for administrative purposes 

for use outside of the United States, $410,000,000, of which 

$5,500,000 is for the Office of Inspector General, to remain available until September 30, 2018: Provided, That the Director of the 

Peace Corps may transfer to the Foreign Currency Fluctuations Account, as authorized by section 16 of the Peace Corps Act (22 

U.S.C. 2515), an amount not to exceed $5,000,000: Provided further, That funds transferred pursuant to the previous proviso may 

not be derived from amounts made available for Peace Corps overseas operations: Provided further, That of the funds appropriated 
1446

under this heading, not to exceed $104,000 may be available for 

representation expenses, of which not to exceed $4,000 may be 

made available for entertainment expenses: Provided further, That 

any decision to open, close, significantly reduce, or suspend a domestic or overseas office or country program shall be subject to 

prior consultation with, and the regular notification procedures of, 

the Committees on Appropriations, except that prior consultation 

and regular notification procedures may be waived when there is 

a substantial security risk to volunteers or other Peace Corps personnel, pursuant to section 7015(e) of this Act: Provided further, That none of the funds appropriated under this heading shall be 

used to pay for abortions: Provided further, That notwithstanding 

the previous proviso, section 614 of division E of Public Law 113– 

76 shall apply to funds appropriated under this heading. 

MILLENNIUM CHALLENGE CORPORATION

For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), 

$905,000,000, to remain available until expended: Provided, That of 

the funds appropriated under this heading, up to $105,000,000 may 

be available for administrative expenses of the Millennium Challenge Corporation (MCC): Provided further, That up to 5 percent of 

the funds appropriated under this heading may be made available 

to carry out the purposes of section 616 of the MCA for fiscal year 

2017: Provided further, That section 605(e) of the MCA shall apply 

to funds appropriated under this heading: Provided further, That 

funds appropriated under this heading may be made available for 

a Millennium Challenge Compact entered into pursuant to section 

609 of the MCA only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire 

amount of the United States Government funding anticipated for 

the duration of the Compact: Provided further, That the MCC Chief 

Executive Officer shall notify the Committees on Appropriations 

not later than 15 days prior to commencing negotiations for any 

country compact or threshold country program; signing any such 

compact or threshold program; or terminating or suspending any 

such compact or threshold program: Provided further, That funds 

appropriated under this heading by this Act and prior Acts making 

appropriations for the Department of State, foreign operations, and 

related programs that are available to implement section 609(g) of 

the MCA shall be subject to the regular notification procedures of 

the Committees on Appropriations: Provided further, That no country should be eligible for a threshold program after such country 

has completed a country compact: Provided further, That any funds 

that are deobligated from a Millennium Challenge Compact shall 

be subject to the regular notification procedures of the Committees 

on Appropriations prior to re-obligation: Provided further, That notwithstanding section 606(a)(2) of the MCA, a country shall be a 

candidate country for purposes of eligibility for assistance for the 

fiscal year if the country has a per capita income equal to or below 

the World Bank’s lower middle income country threshold for the 

fiscal year and is among the 75 lowest per capita income countries 

as identified by the World Bank; and the country meets the re-
1447

quirements of section 606(a)(1)(B) of the MCA: Provided further,

That notwithstanding section 606(b)(1) of the MCA, in addition to 

countries described in the preceding proviso, a country shall be a 

candidate country for purposes of eligibility for assistance for the 

fiscal year if the country has a per capita income equal to or below 

the World Bank’s lower middle income country threshold for the 

fiscal year and is not among the 75 lowest per capita income countries as identified by the World Bank; and the country meets the 

requirements of section 606(a)(1)(B) of the MCA: Provided further,

That any MCC candidate country under section 606 of the MCA 

with a per capita income that changes in the fiscal year such that 

the country would be reclassified from a low income country to a 

lower middle income country or from a lower middle income country to a low income country shall retain its candidacy status in its 

former income classification for the fiscal year and the 2 subsequent fiscal years: Provided further, That publication in the Federal Register of a notice of availability of a copy of a Compact on 

the MCC Web site shall be deemed to satisfy the requirements of 

section 610(b)(2) of the MCA for such Compact: Provided further,

That none of the funds made available by this Act or prior Acts 

making appropriations for the Department of State, foreign operations, and related programs shall be available for a threshold program in a country that is not currently a candidate country: Provided further, That of the funds appropriated under this heading, 

not to exceed $100,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses. 

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 

401 of the Foreign Assistance Act of 1969, $22,500,000, to remain 

available until September 30, 2018: Provided, That of the funds ap- propriated under this heading, not to exceed $2,000 may be available for representation expenses. 

UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International 

Security and Development Cooperation Act of 1980 (Public Law 96– 

533), $30,000,000, to remain available until September 30, 2018, of 

which not to exceed $2,000 may be available for representation expenses: Provided, That funds made available to grantees may be 

invested pending expenditure for project purposes when authorized 

by the Board of Directors of the United States African Development 

Foundation (USADF): Provided further, That interest earned shall 

be used only for the purposes for which the grant was made: Provided further, That notwithstanding section 505(a)(2) of the African 

Development Foundation Act (22 U.S.C. 290h–3(a)(2)), in exceptional circumstances the Board of Directors of the USADF may 

waive the $250,000 limitation contained in that section with respect to a project and a project may exceed the limitation by up to 

10 percent if the increase is due solely to foreign currency fluctuation: Provided further, That the USADF shall submit a report to 
1448

the Committees on Appropriations after each time such waiver authority is exercised: Provided further, That the USADF may make 

rent or lease payments in advance from appropriations available 

for such purpose for offices, buildings, grounds, and quarters in Africa as may be necessary to carry out its functions: Provided further, That the USADF may maintain bank accounts outside the 

United States Treasury and retain any interest earned on such accounts, in furtherance of the purposes of the African Development 

Foundation Act: Provided further, That the USADF may not withdraw any appropriation from the Treasury prior to the need of 

spending such funds for program purposes. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section 129 

of the Foreign Assistance Act of 1961, $30,000,000, to remain available until September 30, 2019, which shall be available notwithstanding any other provision of law. 

TITLE IV 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $889,664,000, to remain available until 

September 30, 2018: Provided, That the Department of State may 

use the authority of section 608 of the Foreign Assistance Act of 

1961, without regard to its restrictions, to receive excess property 

from an agency of the United States Government for the purpose 

of providing such property to a foreign country or international organization under chapter 8 of part I of such Act, subject to the regular notification procedures of the Committees on Appropriations: 

Provided further, That section 482(b) of the Foreign Assistance Act 

of 1961 shall not apply to funds appropriated under this heading, 

except that any funds made available notwithstanding such section 

shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this heading shall be made available to support 

training and technical assistance for foreign law enforcement, corrections, and other judicial authorities, utilizing regional partners: 

Provided further, That not less than $72,565,000 of the funds appropriated under this heading shall be transferred to, and merged 

with, funds appropriated by this Act under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’, which shall be available for 

the same purposes as funds appropriated under this heading: Provided further, That of the funds appropriated under this heading, 

not less than $7,000,000 shall be made available, on a competitive 

basis, for rule of law programs for transitional and post-conflict 

states, and for activities to coordinate rule of law programs among 

foreign governments, international and nongovernmental organiza-
1449

tions, and other United States Government agencies: Provided further, That funds made available under this heading that are transferred to another department, agency, or instrumentality of the 

United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $5,000,000, and any 

agreement made pursuant to section 632(a) of such Act, shall be 

subject to the regular notification procedures of the Committees on 

Appropriations.

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $500,696,000, to remain available until September 30, 2018, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 

for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, 

section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining activities, the clearance of 

unexploded ordnance, the destruction of small arms, and related 

activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international 

organizations, and section 301 of the Foreign Assistance Act of 

1961 for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary contribution to the International Atomic Energy Agency 

(IAEA): Provided, That the Secretary of State shall inform the appropriate congressional committees of information regarding any 

separate arrangements relating to the ‘‘Road-map for the Clarification of Past and Present Outstanding Issues Regarding Iran’s Nuclear Program’’ between the IAEA and the Islamic Republic of Iran, 

in classified form if necessary, if such information becomes known 

to the Department of State: Provided further, That for the clearance of unexploded ordnance, the Secretary of State should 

prioritize those areas where such ordnance was caused by the 

United States: Provided further, That funds made available under 

this heading for the Nonproliferation and Disarmament Fund shall 

be made available, notwithstanding any other provision of law and 

subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, to promote bilateral 

and multilateral activities relating to nonproliferation, disarmament, and weapons destruction, and shall remain available until 

expended: Provided further, That such funds may also be used for 

such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further, That funds appropriated under this heading may be made 

available for the IAEA unless the Secretary of State determines 

that Israel is being denied its right to participate in the activities 

of that Agency: Provided further, That funds made available for 

conventional weapons destruction programs, including demining 

and related activities, in addition to funds otherwise available for 

such purposes, may be used for administrative expenses related to 

the operation and management of such programs and activities, 
1450

subject to the regular notification procedures of the Committees on 

Appropriations.

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section 551 

of the Foreign Assistance Act of 1961, $135,041,000: Provided, That 

funds appropriated under this heading may be used, notwithstanding section 660 of such Act, to provide assistance to enhance 

the capacity of foreign civilian security forces, including gendarmes, 

to participate in peacekeeping operations: Provided further, That of 

the funds appropriated under this heading, not less than 

$34,500,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai: 

Provided further, That none of the funds appropriated under this 

heading shall be obligated except as provided through the regular 

notification procedures of the Committees on Appropriations. 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $110,300,000, of which up 

to $6,000,000 may remain available until September 30, 2018: Provided, That the civilian personnel for whom military education and 

training may be provided under this heading may include civilians 

who are not members of a government whose participation would 

contribute to improved civil-military relations, civilian control of 

the military, or respect for human rights: Provided further, That of 

the funds appropriated under this heading, not to exceed $55,000 

may be available for entertainment expenses. 

FOREIGN MILITARY FINANCING PROGRAM

For necessary expenses for grants to enable the President to 

carry out the provisions of section 23 of the Arms Export Control 

Act, $4,785,805,000: Provided, That to expedite the provision of assistance to foreign countries and international organizations, the 

Secretary of State, following consultation with the Committees on 

Appropriations and subject to the regular notification procedures of 

such Committees, may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity 

of foreign security forces: Provided further, That of the funds appropriated under this heading, not less than $3,100,000,000 shall 

be available for grants only for Israel: Provided further, That funds 

appropriated under this heading for grants only for Israel in fiscal 

year 2017 shall be disbursed within 30 days of enactment of this 

Act: Provided further, That to the extent that the Government of 

Israel requests that funds be used for such purposes, grants made 

available for Israel under this heading shall, as agreed by the 

United States and Israel, be available for advanced weapons systems, of which not less than $815,300,000 shall be available for the 

procurement in Israel of defense articles and defense services, including research and development: Provided further, That none of 

the funds made available under this heading shall be made avail-
1451

able to support or continue any program initially funded under the 

authority of section 1206 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456), section 

2282 of title 10, United States Code, section 333 of title 10, United 

States Code, as added by section 1241 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), or any 

successor authorities, unless the Secretary of State, in coordination 

with the Secretary of Defense, has justified such program to the 

Committees on Appropriations: Provided further, That funds appropriated or otherwise made available under this heading shall be 

nonrepayable notwithstanding any requirement in section 23 of the 

Arms Export Control Act: Provided further, That funds made available under this heading shall be obligated upon apportionment in 

accordance with paragraph (5)(C) of section 1501(a) of title 31, 

United States Code. 

None of the funds made available under this heading shall be 

available to finance the procurement of defense articles, defense 

services, or design and construction services that are not sold by 

the United States Government under the Arms Export Control Act 

unless the foreign country proposing to make such procurement 

has first signed an agreement with the United States Government 

specifying the conditions under which such procurement may be financed with such funds: Provided, That all country and funding 

level increases in allocations shall be submitted through the regular notification procedures of section 7015 of this Act: Provided

further, That funds made available under this heading may be 

used, notwithstanding any other provision of law, for demining, the 

clearance of unexploded ordnance, and related activities, and may 

include activities implemented through nongovernmental and international organizations: Provided further, That only those countries 

for which assistance was justified for the ‘‘Foreign Military Sales 

Financing Program’’ in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made 

available under this heading for procurement of defense articles, 

defense services, or design and construction services that are not 

sold by the United States Government under the Arms Export Control Act: Provided further, That funds appropriated under this 

heading shall be expended at the minimum rate necessary to make 

timely payment for defense articles and services: Provided further, That not more than $80,000,000 of the funds appropriated under 

this heading may be obligated for necessary expenses, including the 

purchase of passenger motor vehicles for replacement only for use 

outside of the United States, for the general costs of administering 

military assistance and sales, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds 

made available under this heading for general costs of administering military assistance and sales, not to exceed $4,000 may be 

available for entertainment expenses and not to exceed $130,000 

may be available for representation expenses: Provided further,

That not more than $920,200,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated 

for expenses incurred by the Department of Defense during fiscal 

year 2017 pursuant to section 43(b) of the Arms Export Control 
1452

Act, except that this limitation may be exceeded only through the 

regular notification procedures of the Committees on Appropriations.

TITLE V 

MULTILATERAL ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section 301 

of the Foreign Assistance Act of 1961, and of section 2 of the 

United Nations Environment Program Participation Act of 1973, 

$339,000,000: Provided, That section 307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United Nations Democracy Fund. 

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For payment to the International Bank for Reconstruction and 

Development as trustee for the Global Environment Facility by the 

Secretary of the Treasury, $146,563,000, to remain available until 

expended.

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by the Secretary of the Treasury, $1,197,128,000, to remain available 

until expended. 

CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION

AND DEVELOPMENT

For payment to the International Bank for Reconstruction and 

Development by the Secretary of the Treasury for the United 

States share of the paid-in portion of the increases in capital stock, 

$5,963,421, to remain available until expended. 

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Development Bank by the 

Secretary of the Treasury for the United States share of the paidin portion of the increase in capital stock, $21,939,727, to remain 

available until expended. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $99,233,000, to remain available until expended. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary 

of the Treasury for the United States share of the paid-in portion 
1453

of the increase in capital stock, $32,418,000, to remain available 

until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank 

may subscribe without fiscal year limitation to the callable capital 

portion of the United States share of such capital stock in an 

amount not to exceed $507,860,808. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For payment to the African Development Fund by the Secretary 

of the Treasury, $214,332,000, to remain available until expended. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For payment to the International Fund for Agricultural Development by the Secretary of the Treasury, $30,000,000, to remain 

available until expended. 

GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

For payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $23,000,000, to remain 

available until expended. 

TITLE VI 

EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, $5,700,000, to remain available until September 30, 

2018.

PROGRAM ACCOUNT

The Export-Import Bank of the United States is authorized to 

make such expenditures within the limits of funds and borrowing 

authority available to such corporation, and in accordance with 

law, and to make such contracts and commitments without regard 

to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out 

the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal 

year may be used to make expenditures, contracts, or commitments 

for the export of nuclear equipment, fuel, or technology to any 

country, other than a nuclear-weapon state as defined in Article IX 

of the Treaty on the Non-Proliferation of Nuclear Weapons eligible 

to receive economic or military assistance under this Act, that has 

detonated a nuclear explosive after the date of the enactment of 

this Act. 
1454

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger 

motor vehicles and services as authorized by section 3109 of title 

5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, not to exceed $110,000,000: Provided, That the Export-Import Bank (the Bank) may accept, and use, payment or services 

provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insurance commitment has been 

made: Provided further, That the Bank shall charge fees for necessary expenses (including special services performed on a contract 

or fee basis, but not including other personal services) in connection with the collection of moneys owed the Bank, repossession or 

sale of pledged collateral or other assets acquired by the Bank in 

satisfaction of moneys owed the Bank, or the investigation or appraisal of any property, or the evaluation of the legal, financial, or 

technical aspects of any transaction for which an application for a 

loan, guarantee or insurance commitment has been made, or systems infrastructure directly supporting transactions: Provided further, That in addition to other funds appropriated for administrative expenses, such fees shall be credited to this account for such 

purposes, to remain available until expended. 

RECEIPTS COLLECTED

Receipts collected pursuant to the Export-Import Bank Act of 

1945, as amended, and the Federal Credit Reform Act of 1990, as 

amended, in an amount not to exceed the amount appropriated 

herein, shall be credited as offsetting collections to this account: 

Provided, That the sums herein appropriated from the General 

Fund shall be reduced on a dollar-for-dollar basis by such offsetting 

collections so as to result in a final fiscal year appropriation from 

the General Fund estimated at $0: Provided further, That amounts 

collected in fiscal year 2017 in excess of obligations, up to 

$10,000,000 shall become available on September 1, 2017, and 

shall remain available until September 30, 2020. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized to 

make, without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, such expenditures and 

commitments within the limits of funds available to it and in accordance with law as may be necessary: Provided, That the amount 

available for administrative expenses to carry out the credit and insurance programs (including an amount for official reception and 

representation expenses which shall not exceed $35,000) shall not 

exceed $70,000,000: Provided further, That project-specific transaction costs, including direct and indirect costs incurred in claims 

settlements, and other direct costs associated with services provided to specific investors or potential investors pursuant to section 
1455

234 of the Foreign Assistance Act of 1961, shall not be considered 

administrative expenses for the purposes of this heading. 

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $20,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961, to 

be derived by transfer from the Overseas Private Investment Corporation Noncredit Account: Provided, That such costs, including 

the cost of modifying such loans, shall be as defined in section 502 

of the Congressional Budget Act of 1974: Provided further, That

such sums shall be available for direct loan obligations and loan 

guaranty commitments incurred or made during fiscal years 2017, 

2018, and 2019: Provided further, That funds so obligated in fiscal 

year 2017 remain available for disbursement through 2025; funds 

obligated in fiscal year 2018 remain available for disbursement 

through 2026; and funds obligated in fiscal year 2019 remain available for disbursement through 2027: Provided further, That notwithstanding any other provision of law, the Overseas Private Investment Corporation is authorized to undertake any program authorized by title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 in Iraq: Provided further, That funds made available 

pursuant to the authority of the previous proviso shall be subject 

to the regular notification procedures of the Committees on Appropriations.

In addition, such sums as may be necessary for administrative 

expenses to carry out the credit program may be derived from 

amounts available for administrative expenses to carry out the 

credit and insurance programs in the Overseas Private Investment 

Corporation Noncredit Account and merged with said account. 

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 661 

of the Foreign Assistance Act of 1961, $75,000,000, to remain available until September 30, 2018: Provided, That of the amounts 

made available under this heading, up to $2,500,000 may be made 

available to provide comprehensive procurement advice to foreign 

governments to support local procurements funded by the United 

States Agency for International Development, the Millennium 

Challenge Corporation, and the Department of State: Provided further, That of the funds appropriated under this heading, not more 

than $5,000 may be available for representation and entertainment 

expenses.

TITLE VII 

GENERAL PROVISIONS 

ALLOWANCES AND DIFFERENTIALS

SEC. 7001. Funds appropriated under title I of this Act shall be 

available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States 

Code; for services as authorized by section 3109 of such title and 
1456

for hire of passenger transportation pursuant to section 1343(b) of 

title 31, United States Code. 

UNOBLIGATED BALANCES REPORT

SEC. 7002. Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations 

a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, 

and Treasury Account Fund Symbol of all funds received by such 

department or agency in fiscal year 2017 or any previous fiscal 

year, disaggregated by fiscal year: Provided, That the report required by this section shall be submitted not later than 30 days 

after the end of each fiscal quarter and should specify by account 

the amount of funds obligated pursuant to bilateral agreements 

which have not been further sub-obligated. 

CONSULTING SERVICES

SEC. 7003. The expenditure of any appropriation under title I of 

this Act for any consulting service through procurement contract, 

pursuant to section 3109 of title 5, United States Code, shall be 

limited to those contracts where such expenditures are a matter of 

public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive 

Order issued pursuant to existing law. 

DIPLOMATIC FACILITIES

SEC. 7004. (a) CAPITAL SECURITY COST SHARING INFORMATION.— The Secretary of State shall promptly inform the Committees on 

Appropriations of each instance in which a Federal department or 

agency is delinquent in providing the full amount of funding required by section 604(e) of the Secure Embassy Construction and 

Counterterrorism Act of 1999 (22 U.S.C. 4865 note). 

(b) EXCEPTION.—Notwithstanding paragraph (2) of section 604(e) 

of the Secure Embassy Construction and Counterterrorism Act of 

1999 (as enacted into law by section 1000(a)(7) of Public Law 106– 

113 and contained in appendix G of that Act), as amended by section 111 of the Department of State Authorities Act, Fiscal Year 

2017 (Public Law 114–323), a project to construct a facility of the 

United States may include office space or other accommodations for 

members of the United States Marine Corps. 

(c) NEW DIPLOMATIC FACILITIES.—For the purposes of calculating 

the fiscal year 2017 costs of providing new United States diplomatic facilities in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 

4865 note), the Secretary of State, in consultation with the Director 

of the Office of Management and Budget, shall determine the annual program level and agency shares in a manner that is proportional to the contribution of the Department of State for this purpose.

(d) CONSULTATION AND NOTIFICATION REQUIREMENTS.—Funds

appropriated by this Act and prior Acts making appropriations for 

the Department of State, foreign operations, and related programs, 
1457

which may be made available for the acquisition of property or 

award of construction contracts for overseas United States diplomatic facilities during fiscal year 2017, shall be subject to prior 

consultation with, and the regular notification procedures of, the 

Committees on Appropriations: Provided, That notifications pursuant to this subsection shall include the information enumerated 

under the heading ‘‘Embassy Security, Construction, and Maintenance’’ in House Report 114–693 and Senate Report 114–290: Provided further, That any such notification for a new diplomatic facility justified to the Committees on Appropriations in Appendix 1 of 

the Congressional Budget Justification, Department of State, Diplomatic Engagement, Fiscal Year 2017, or not previously justified to 

such Committees, shall also include confirmation that the Department of State has completed the requisite value engineering studies required pursuant to OMB Circular A–131, Value Engineering 

December 31, 2013 and the Bureau of Overseas Building Operations Policy and Procedure Directive, P&PD, Cost 02: Value Engineering.

(e) INTERIM AND TEMPORARY FACILITIES ABROAD.—

(1) Funds appropriated by this Act under the heading ‘‘Embassy Security, Construction, and Maintenance’’ may be made 

available to address security vulnerabilities at interim and 

temporary United States diplomatic facilities abroad, including 

physical security upgrades and local guard staffing, except that 

the amount of funds made available for such purposes from 

this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall 

be a minimum of $25,000,000: Provided, That the uses of such 

funds should be the responsibility of the Assistant Secretary 

for Diplomatic Security, Department of State, in consultation 

with the Director of the Bureau of Overseas Buildings Operations, Department of State: Provided further, That such funds 

shall be subject to prior consultation with the Committees on 

Appropriations.

(2) Notwithstanding any other provision of law, the opening, 

closure, or any significant modification to an interim or temporary United States diplomatic facility shall be subject to 

prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees 

on Appropriations, except that such consultation and notification may be waived if there is a security risk to personnel. 

(f) TRANSFER OF FUNDS AUTHORITY.—Funds appropriated under 

the heading ‘‘Diplomatic and Consular Programs’’, including for 

Worldwide Security Protection, and under the heading ‘‘Embassy 

Security, Construction, and Maintenance’’ in titles I and VIII of 

this Act may be transferred to, and merged with, funds appropriated by such titles under such headings if the Secretary of State 

determines and reports to the Committees on Appropriations that 

to do so is necessary to implement the recommendations of the 

Benghazi Accountability Review Board, or to prevent or respond to 

security situations and requirements, following consultation with, 

and subject to the regular notification procedures of, such Committees: Provided, That such transfer authority is in addition to any 
1458

transfer authority otherwise available under any other provision of 

law.

(g) SOFT TARGETS.—Funds appropriated by this Act under the 

heading ‘‘Embassy Security, Construction, and Maintenance’’ may 

be made available for security upgrades to soft targets, including 

schools, recreational facilities, and residences used by United 

States diplomatic personnel and their dependents, except that the 

amount made available for such purposes shall be a minimum of 

$10,000,000: Provided, That the uses of such funds should be the 

responsibility of the Assistant Secretary for Diplomatic Security, 

Department of State, in consultation with the Director of the Bureau of Overseas Building Operations. 

(h) REPORTS.— (1) None of the funds appropriated under the heading ‘‘Embassy Security, Construction, and Maintenance’’ in this Act 

and prior Acts making appropriations for the Department of 

State, foreign operations, and related programs, made available through Federal agency Capital Security Cost Sharing 

contributions and reimbursements, or generated from the proceeds of real property sales, other than from real property 

sales located in London, United Kingdom, may be made available for site acquisition and mitigation, planning, design, or 

construction of the New London Embassy: Provided, That the 

reporting requirement contained in section 7004(f)(2) of the Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2012 (division I of Public Law 112–74) 

shall remain in effect during fiscal year 2017. 

(2) Within 45 days of enactment of this Act and every 4 

months thereafter until September 30, 2018, the Secretary of 

State shall submit to the Committees on Appropriations a report on the new Mexico City Embassy and Beirut Embassy 

projects: Provided, That such report shall include, for each of 

the projects— 

(A) a detailed breakout of the project factors that formed 

the basis of the initial cost estimate used to justify such 

project to the Committees on Appropriations, as described 

under the heading ‘‘Embassy Security Construction and 

Maintenance’’ in House Report 114–693; 

(B) a comparison of the current project factors as compared to the project factors submitted pursuant to subparagraph (A) of this subsection, and an explanation of 

any changes; and 

(C) the impact of currency exchange rate fluctuations on 

project costs. 

(i) STRENGTHENING OVERSIGHT.—Funds appropriated by this Act 

and prior Acts making appropriations for the Department of State, 

foreign operations, and related programs under the heading ‘‘Diplomatic and Consular Programs’’ for Worldwide Security Protection 

shall be made available to strengthen oversight of the local guard 

force at a critical post abroad through the use of United States 

Government employees or contractors who are United States citizens: Provided, That such funds are in addition to funds otherwise 

made available by such Acts for such purposes: Provided further,

That the total annual operating costs associated with providing 
1459

such oversight in fiscal year 2017 and subsequent fiscal years shall 

be shared among agencies through the International Cooperative 

Administrative Support Services program: Provided further, That 

not later than 45 days after enactment of this Act, and prior to the 

obligation of funds for such purposes, the Secretary of State shall 

consult with the Committees on Appropriations on plans to carry 

out the requirement of this subsection: Provided further, That 

amounts made available pursuant to this subsection from prior 

Acts making appropriations for the Department of State, foreign 

operations, and related programs that were previously designated 

by the Congress for Overseas Contingency Operation/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985 are designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act. 

PERSONNEL ACTIONS

SEC. 7005. Any costs incurred by a department or agency funded 

under title I of this Act resulting from personnel actions taken in 

response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I 

to such department or agency: Provided, That the authority to 

transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of 

funds to carry out this section shall be treated as a reprogramming 

of funds under section 7015 of this Act. 

DEPARTMENT OF STATE MANAGEMENT

SEC. 7006. (a) FINANCIAL SYSTEMS IMPROVEMENT.—Funds appropriated by this Act for the operations of the Department of State 

under the headings ‘‘Diplomatic and Consular Programs’’ and ‘‘Capital Investment Fund’’ shall be made available to implement the 

recommendations contained in the Foreign Assistance Data Review 

Findings Report (FADR) and the Office of Inspector General (OIG) 

report entitled ‘‘Department Financial Systems Are Insufficient to 

Track and Report on Foreign Assistance Funds’’: Provided, That 

not later than 45 days after enactment of this Act, the Secretary 

of State shall submit to the Committees on Appropriations a plan, 

including timeline and costs, for implementing the FADR and OIG 

recommendations: Provided further, That such funds may not be 

obligated for enhancements to, or expansions of, the Budget System 

Modernization Financial System, Central Resource Management 

System, Joint Financial Management System, or Foreign Assistance Coordination and Tracking System until such plan is submitted to the Committees on Appropriations: Provided further,

That such funds may not be obligated for new, or expansion of existing, ad hoc electronic systems to track commitments, obligations 

or expenditures of funds unless the Secretary of State, following 

consultation with the Chief Information Officer of the Department 

of State, has reviewed and certified that such new system or expansion is consistent with the FADR and OIG recommendations. 
1460

(b) WORKING CAPITAL FUND.—Funds appropriated by this Act or 

otherwise made available to the Department of State for payments 

to the Working Capital Fund may only be used for the service centers included in Appendix 1 of the Congressional Budget Justification, Department of State, Diplomatic Engagement, Fiscal Year 

2017: Provided, That the amounts for such service centers shall be 

the amounts included in such budget justification, except as provided in section 7015(b) of this Act: Provided further, That Federal 

agency components shall be charged only for their direct usage of 

each Working Capital Fund service: Provided further, That prior to 

increasing the percentage charged to Department of State bureaus 

and offices for procurement-related activities, the Secretary of State 

shall include the proposed increase in the Department of State 

budget justification or, at least 60 days prior to the increase, provide the Committees on Appropriations a justification for such increase, including a detailed assessment of the cost and benefit of 

the services provided by the procurement fee: Provided further,

That Federal agency components may only pay for Working Capital 

Fund services that are consistent with the purpose and authorities 

of such components: Provided further, That the Working Capital 

Fund shall be paid in advance or reimbursed at rates which will 

return the full cost of each service. 

(c) CERTIFICATION REQUIREMENT.—Not later than 45 days after 

the initial obligation of funds appropriated under titles III and IV 

of this Act that are made available to a Department of State bureau or office with responsibility for the oversight or management 

of such funds, the Secretary of State shall certify and report to the 

Committees on Appropriations, on an individual bureau or office 

basis, that such bureau or office is in compliance with Department 

and Federal financial management policies, procedures and regulations, as appropriate: Provided, That if the Secretary is unable to 

make such certification for an individual bureau or office, the Secretary shall submit a plan and timeline to such Committees detailing the steps to be taken to ensure such compliance. 

(d) REPORT ON SOLE SOURCE AWARDS.—Not later than December 

31, 2017, the Secretary of State shall submit a report to the appropriate congressional committees detailing all sole-source awards 

made by the Department of State during the previous fiscal year 

in excess of $2,000,000: Provided, That such report should be posted on the Department of State Web site. 

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 7007. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations 

for the governments of Cuba, North Korea, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance, 

and guarantees of the Export-Import Bank or its agents. 

COUPS D’E ́TAT

SEC. 7008. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be obli-
1461

gated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d’e ́tat or decree or, after the date of enactment of this Act, a coup d’e ́tat or decree in which the military plays 

a decisive role: Provided, That assistance may be resumed to such 

government if the Secretary of State certifies and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken 

office: Provided further, That the provisions of this section shall not 

apply to assistance to promote democratic elections or public participation in democratic processes: Provided further, That funds 

made available pursuant to the previous provisos shall be subject 

to the regular notification procedures of the Committees on Appropriations.

TRANSFER OF FUNDS AUTHORITY

SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING BOARD

OF GOVERNORS.— (1) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State 

under title I of this Act may be transferred between, and 

merged with, such appropriations, but no such appropriation, 

except as otherwise specifically provided, shall be increased by 

more than 10 percent by any such transfers, and no such 

transfer may be made to increase the appropriation under the 

heading ‘‘Representation Expenses’’. 

(2) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of 

Governors under title I of this Act may be transferred between, 

and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. 

(3) Any transfer pursuant to this subsection shall be treated 

as a reprogramming of funds under section 7015 of this Act 

and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section. 

(b) TITLE VI AGENCIES.—Not to exceed 5 percent of any appropriation other than for administrative expenses made available for 

fiscal year 2017, for programs under title VI of this Act may be 

transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 

percent by any such transfer: Provided, That the exercise of such 

authority shall be subject to the regular notification procedures of 

the Committees on Appropriations. 

(c) LIMITATION ON TRANSFERS OF FUNDS BETWEEN AGENCIES.—

(1) None of the funds made available under titles II through 

V of this Act may be transferred to any department, agency, 

or instrumentality of the United States Government, except 

pursuant to a transfer made by, or transfer authority provided 

in, this Act or any other appropriations Act. 

(2) Notwithstanding paragraph (1), in addition to transfers 

made by, or authorized elsewhere in, this Act, funds appro-
1462

priated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance 

Act of 1961. 

(3) Any agreement entered into by the United States Agency 

for International Development or the Department of State with 

any department, agency, or instrumentality of the United 

States Government pursuant to section 632(b) of the Foreign 

Assistance Act of 1961 valued in excess of $1,000,000 and any 

agreement made pursuant to section 632(a) of such Act, with 

funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings ‘‘Global Health Programs’’, 

‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall be subject 

to the regular notification procedures of the Committees on Appropriations: Provided, That the requirement in the previous 

sentence shall not apply to agreements entered into between 

USAID and the Department of State. 

(d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.—None of the funds 

made available under titles II through V of this Act may be obligated under an appropriations account to which such funds were 

not appropriated, except for transfers specifically provided for in 

this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 

1961 to transfer funds, consults with and provides a written policy 

justification to the Committees on Appropriations. 

(e) AUDIT OF INTER-AGENCY TRANSFERS OF FUNDS.—Any agreement for the transfer or allocation of funds appropriated by this 

Act or prior Acts making appropriations for the Department of 

State, foreign operations and related programs, entered into between the Department of State or USAID and another agency of 

the United States Government under the authority of section 

632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Inspector General 

(IG) for the agency receiving the transfer or allocation of such 

funds, or other entity with audit responsibility if the receiving 

agency does not have an IG, shall perform periodic program and financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such 

audits: Provided, That such audits shall be transmitted to the 

Committees on Appropriations by the Department of State or 

USAID, as appropriate: Provided further, That funds transferred 

under such authority may be made available for the cost of such 

audits.

(f) REPORT.—Not later than 90 days after enactment of this Act, 

the Secretary of State and the USAID Administrator shall each 

submit a report to the Committees on Appropriations detailing all 

transfers to another agency of the United States Government made 

pursuant to sections 632(a) and 632(b) of the Foreign Assistance 

Act of 1961 with funds provided in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 

(division K of Public Law 114–113) as of the date of enactment of 
1463

this Act: Provided, That such reports shall include a list of each 

transfer made pursuant to such sections with the respective funding level, appropriation account, and the receiving agency. 

PROHIBITION ON CERTAIN OPERATIONAL EXPENSES

SEC. 7010. (a) FIRST-CLASS TRAVEL.—None of the funds made 

available by this Act may be used for first-class travel by employees of United States Government departments and agencies funded 

by this Act in contravention of section 301–10.122 through 301– 

10.124 of title 41, Code of Federal Regulations. 

(b) COMPUTER NETWORKS.—None of the funds made available by 

this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain 

a computer network for use by such department or agency unless 

such network has filters designed to block access to sexually explicit Web sites: Provided, That nothing in this subsection shall 

limit the use of funds necessary for any Federal, State, tribal, or 

local law enforcement agency, or any other entity carrying out the 

following activities: criminal investigations, prosecutions, and adjudications; administrative discipline; and the monitoring of such 

Web sites undertaken as part of official business. 

(c) PROHIBITION ON PROMOTION OF TOBACCO.—None of the funds 

made available by this Act shall be available to promote the sale 

or export of tobacco or tobacco products, or to seek the reduction 

or removal by any foreign country of restrictions on the marketing 

of tobacco or tobacco products, except for restrictions which are not 

applied equally to all tobacco or tobacco products of the same type. 

AVAILABILITY OF FUNDS

SEC. 7011. No part of any appropriation contained in this Act 

shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided by this Act: Provided,

That funds appropriated for the purposes of chapters 1 and 8 of 

part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control 

Act, and funds provided under the headings ‘‘Development Credit 

Authority’’ and ‘‘Assistance for Europe, Eurasia and Central Asia’’ 

shall remain available for an additional 4 years from the date on 

which the availability of such funds would otherwise have expired, 

if such funds are initially obligated before the expiration of their 

respective periods of availability contained in this Act: Provided

further, That notwithstanding any other provision of this Act, any 

funds made available for the purposes of chapter 1 of part I and 

chapter 4 of part II of the Foreign Assistance Act of 1961 which 

are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, 

shall remain available for an additional 4 years from the date on 

which the availability of such funds would otherwise have expired, 

if such funds are initially allocated or obligated before the expiration of their respective periods of availability contained in this Act: 

Provided further, That the Secretary of State shall provide a report 

to the Committees on Appropriations not later than October 30, 
1464

2017, detailing by account and source year, the use of this authority during the previous fiscal year. 

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 7012. No part of any appropriation provided under titles III 

through VI in this Act shall be used to furnish assistance to the 

government of any country which is in default during a period in 

excess of 1 calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds 

are appropriated under this Act unless the President determines, 

following consultations with the Committees on Appropriations, 

that assistance for such country is in the national interest of the 

United States. 

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 7013. (a) PROHIBITION ON TAXATION.—None of the funds appropriated under titles III through VI of this Act may be made 

available to provide assistance for a foreign country under a new 

bilateral agreement governing the terms and conditions under 

which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United 

States shall be exempt from taxation, or reimbursed, by the foreign 

government, and the Secretary of State and the Administrator of 

the United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral 

agreements, as necessary, to conform with this requirement. 

(b) NOTIFICATION AND REIMBURSEMENT OF FOREIGN TAXES.—An

amount equivalent to 200 percent of the total taxes assessed during 

fiscal year 2017 on funds appropriated by this Act and prior Acts 

making appropriations for the Department of State, foreign operations, and related programs by a foreign government or entity 

against United States assistance programs, either directly or 

through grantees, contractors, and subcontractors shall be withheld 

from obligation from funds appropriated for assistance for fiscal 

year 2018 and for prior fiscal years and allocated for the central 

government of such country or for the West Bank and Gaza program if, not later than September 30, 2018, such taxes have not 

been reimbursed: Provided, That the Secretary of State shall report 

to the Committees on Appropriations by such date on the foreign 

governments and entities that have not reimbursed such taxes, including any amount of funds withheld pursuant to this subsection. 

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). 

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation 

for each foreign government or entity pursuant to subsection (b) 

shall be reprogrammed for assistance for countries which do not assess taxes on United States assistance or which have an effective 

arrangement that is providing substantial reimbursement of such 

taxes, and that can reasonably accommodate such assistance in a 

programmatically responsible manner. 

(e) DETERMINATIONS.—
1465

(1) The provisions of this section shall not apply to any foreign government or entity that assesses such taxes if the Secretary of State reports to the Committees on Appropriations 

that—

(A) such foreign government or entity has an effective 

arrangement that is providing substantial reimbursement 

of such taxes; or 

(B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United 

States assistance is not subject to taxation. 

(2) The Secretary of State shall consult with the Committees 

on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any foreign government or entity. 

(f) IMPLEMENTATION.—The Secretary of State shall issue rules, 

regulations, or policy guidance, as appropriate, to implement the 

prohibition against the taxation of assistance contained in this section.

(g) DEFINITIONS.—As used in this section— 

(1) the term ‘‘bilateral agreement’’ refers to a framework bilateral agreement between the Government of the United 

States and the government of the country receiving assistance 

that describes the privileges and immunities applicable to 

United States foreign assistance for such country generally, or 

an individual agreement between the Government of the 

United States and such government that describes, among 

other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement; and 

(2) the term ‘‘taxes and taxation’’ shall include value added 

taxes and customs duties but shall not include individual income taxes assessed to local staff. 

(h) REPORT.—The Secretary of State, in consultation with the 

heads of other relevant departments or agencies of the United 

States Government, shall submit a report to the Committees on 

Appropriations, not later than 90 days after the enactment of this 

Act, detailing steps taken by such departments or agencies to comply with the requirements of this section, including rules, regulations, and policy guidance issued pursuant to subsection (f). 

RESERVATIONS OF FUNDS

SEC. 7014. (a) REPROGRAMMING.—Funds appropriated under titles III through VI of this Act which are specifically designated 

may be reprogrammed for other programs within the same account 

notwithstanding the designation if compliance with the designation 

is made impossible by operation of any provision of this or any 

other Act: Provided, That any such reprogramming shall be subject 

to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed 

pursuant to this subsection shall be made available under the same 

terms and conditions as originally provided. 

(b) EXTENSION OF AVAILABILITY.—In addition to the authority 

contained in subsection (a), the original period of availability of 

funds appropriated by this Act and administered by the Depart-
1466

ment of State or the United States Agency for International Development that are specifically designated for particular programs or 

activities by this or any other Act may be extended for an additional fiscal year if the Secretary of State or the USAID Administrator, as appropriate, determines and reports promptly to the 

Committees on Appropriations that the termination of assistance to 

a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided, That such designated funds 

that continue to be available for an additional fiscal year shall be 

obligated only for the purpose of such designation. 

(c) OTHER ACTS.—Ceilings and specifically designated funding 

levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided, That 

specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds 

appropriated by this Act. 

NOTIFICATION REQUIREMENTS

SEC. 7015. (a) NOTIFICATION OF CHANGES IN PROGRAMS,

PROJECTS, AND ACTIVITIES.—None of the funds made available in 

titles I and II of this Act or prior Acts making appropriations for 

the Department of State, foreign operations, and related programs 

to the departments and agencies funded by this Act that remain 

available for obligation in fiscal year 2017, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or 

made available by transfer, to the departments and agencies funded by this Act, shall be available for obligation to— 

(1) create new programs; 

(2) eliminate a program, project, or activity; 

(3) close, suspend, open, or reopen a mission or post; 

(4) create, close, reorganize, or rename bureaus, centers, or 

offices; or 

(5) contract out or privatize any functions or activities presently performed by Federal employees; 

unless previously justified to the Committees on Appropriations or 

such Committees are notified 15 days in advance of such obligation. 

(b) NOTIFICATION OF REPROGRAMMING OF FUNDS.—None of the 

funds provided under titles I and II of this Act or prior Acts making appropriations for the Department of State, foreign operations, 

and related programs, to the departments and agencies funded 

under titles I and II of this Act that remain available for obligation 

in fiscal year 2017, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available to 

the department and agency funded under title I of this Act, shall 

be available for obligation or expenditure for activities, programs, 

or projects through a reprogramming of funds in excess of 

$1,000,000 or 10 percent, whichever is less, that— 

(1) augments or changes existing programs, projects, or activities;

(2) relocates an existing office or employees; 
1467

(3) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent as 

approved by Congress; or 

(4) results from any general savings, including savings from 

a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress;

unless the Committees on Appropriations are notified 15 days in 

advance of such reprogramming of funds. 

(c) NOTIFICATION REQUIREMENT.—None of the funds made available by this Act under the headings ‘‘Global Health Programs’’, 

‘‘Development Assistance’’, ‘‘International Organizations and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics 

Control and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, 

‘‘Peacekeeping Operations’’, ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Programs’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, and ‘‘Peace Corps’’, shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations 

for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance: Provided, That the President shall not enter into any commitment of 

funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, 

other than conventional ammunition, or other major defense items 

defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided

further, That requirements of this subsection or any similar provision of this or any other Act shall not apply to any reprogramming 

for an activity, program, or project for which funds are appropriated under titles III through VI of this Act of less than 10 percent of the amount previously justified to Congress for obligation 

for such activity, program, or project for the current fiscal year: 

Provided further, That any notification submitted pursuant to subsection (f) of this section shall include information (if known on the 

date of transmittal of such notification) on the use of notwithstanding authority: Provided further, That if subsequent to the notification of assistance it becomes necessary to rely on notwithstanding authority, the Committees on Appropriations should be 

informed at the earliest opportunity and to the extent practicable. 

(d) NOTIFICATION OF TRANSFER OF FUNDS.—Notwithstanding any 

other provision of law, with the exception of funds transferred to, 

and merged with, funds appropriated under title I of this Act, 

funds transferred by the Department of Defense to the Department 

of State and the United States Agency for International Development for assistance for foreign countries and international organizations, and funds made available for programs previously authorized under section 1206 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456), section 
1468

2282 of title 10, United States Code, section 333 of title 10, United 

States Code, as added by section 1241 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), or any 

successor authorities, shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

(e) WAIVER.—The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided, That in case of any such waiver, notification to the 

Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action 

to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such a waiver 

shall contain an explanation of the emergency circumstances. 

(f) COUNTRY NOTIFICATION REQUIREMENTS.—None of the funds 

appropriated under titles III through VI of this Act may be obligated or expended for assistance for Afghanistan, Bahrain, Bolivia, 

Burma, Cambodia, Colombia, Cuba, Ecuador, Egypt, El Salvador, 

Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, 

Mexico, Pakistan, Philippines, the Russian Federation, Somalia, 

South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, 

Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations. 

(g) TRUST FUNDS.—Funds appropriated or otherwise made available in title III of this Act and prior Acts making funds available 

for the Department of State, foreign operations, and related programs that are made available for a trust fund held by an international financial institution as defined by section 7034(r)(3) of this 

Act shall be subject to the regular notification procedures of the 

Committees on Appropriations: Provided, That such notification 

shall include the information specified under this section in the explanatory statement described in section 4 (in the matter preceding 

division A of this Consolidated Act). 

(h) PILOT PROGRAM NOTIFICATION REQUIREMENT.—Funds appropriated under Title I of this Act under the heading ‘‘Diplomatic and 

Consular Programs’’ that are made available for a pilot program for 

lateral entry into the Foreign Service shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

(i) WITHHOLDING OF FUNDS.—Funds appropriated by this Act 

under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision of 

law in this or any other Act shall, if reprogrammed, be subject to 

the regular notification procedures of the Committees on Appropriations.

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 7016. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act 

of 1961, the Department of Defense shall notify the Committees on 

Appropriations to the same extent and under the same conditions 
1469

as other committees pursuant to subsection (f) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance 

with the regular notification procedures of such Committees if such 

defense articles are significant military equipment (as defined in 

section 47(9) of the Arms Export Control Act) or are valued (in 

terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess 

defense articles: Provided further, That such Committees shall also 

be informed of the original acquisition cost of such defense articles. 

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 7017. Subject to the regular notification procedures of the 

Committees on Appropriations, funds appropriated under titles I 

and III through V of this Act, which are returned or not made 

available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall 

remain available for obligation until September 30, 2019: Provided, That the requirement to withhold funds for programs in Burma 

under section 307(a) of the Foreign Assistance Act of 1961 shall not 

apply to funds appropriated by this Act. 

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 7018. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be used 

to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None 

of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person 

to undergo sterilizations. None of the funds made available to carry 

out part I of the Foreign Assistance Act of 1961, as amended, may 

be used to pay for any biomedical research which relates in whole 

or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the 

funds made available to carry out part I of the Foreign Assistance 

Act of 1961, as amended, may be obligated or expended for any 

country or organization if the President certifies that the use of 

these funds by any such country or organization would violate any 

of the above provisions related to abortions and involuntary sterilizations.

ALLOCATIONS

SEC. 7019. (a) ALLOCATION TABLES.—Subject to subsection (b), 

funds appropriated by this Act under titles III through V shall be 

made available in the amounts specifically designated in the respective tables included in the explanatory statement described in 

section 4 (in the matter preceding division A of this Consolidated 
1470

Act): Provided, That such designated amounts for foreign countries 

and international organizations shall serve as the amounts for such 

countries and international organizations transmitted to Congress 

in the report required by section 653(a) of the Foreign Assistance 

Act of 1961. 

(b) AUTHORIZED DEVIATIONS.—Unless otherwise provided for by 

this Act, the Secretary of State and the Administrator of the 

United States Agency for International Development, as applicable, 

may only deviate up to 5 percent from the amounts specifically designated in the respective tables included in the explanatory statement described in section 4 (in the matter preceding division A of 

this Consolidated Act): Provided, That such percentage may be exceeded only to respond to significant, exigent, or unforeseen events, 

or to address other exceptional circumstances directly related to 

the national interest: Provided further, That deviations pursuant to 

the previous proviso shall be subject to prior consultation with, and 

the regular notification procedures of, the Committees on Appropriations.

(c) LIMITATION.—For specifically designated amounts that are included, pursuant to subsection (a), in the report required by section 

653(a) of the Foreign Assistance Act of 1961, no deviations authorized by subsection (b) may take place until submission of such report.

(d) EXCEPTIONS.— (1) Subsections (a) and (b) shall not apply to— 

(A) amounts designated for ‘‘International Military Education and Training’’ in the respective tables included in 

the explanatory statement described in section 4 (in the 

matter preceding division A of this Consolidated Act); and 

(B) funds for which the initial period of availability has 

expired.

(2) The authority in subsection (b) to deviate below amounts 

designated in the respective tables included in the joint explanatory statement described in section 4 (in the matter preceding 

division A of this Consolidated Act) shall not apply to the table 

included under the heading ‘‘Global Health Programs’’ in such 

joint explanatory statement. 

REPRESENTATION AND ENTERTAINMENT EXPENSES

SEC. 7020. (a) USES OF FUNDS.—Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department 

of the Treasury and independent agencies funded in titles III or VI 

of this Act, shall take steps to ensure that domestic and overseas 

representation and entertainment expenses further official agency 

business and United States foreign policy interests— 

(1) are primarily for fostering relations outside of the Executive Branch; 

(2) are principally for meals and events of a protocol nature; 

(3) are not for employee-only events; and 

(4) do not include activities that are substantially of a recreational character. 

(b) LIMITATIONS.—None of the funds appropriated or otherwise 

made available by this Act under the headings ‘‘International Military Education and Training’’ or ‘‘Foreign Military Financing Pro-
1471

gram’’ for Informational Program activities or under the headings 

‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic 

Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central 

Asia’’ may be obligated or expended to pay for— 

(1) alcoholic beverages; or 

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited to 

entrance fees at sporting events, theatrical and musical productions, and amusement parks. 

PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING

INTERNATIONAL TERRORISM

SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.— (1) PROHIBITION.—None of the funds appropriated or otherwise made available by titles III through VI of this Act may 

be made available to any foreign government which provides 

lethal military equipment to a country the government of 

which the Secretary of State has determined supports international terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the 

International Emergency Economic Powers Act: Provided, That 

the prohibition under this section with respect to a foreign government shall terminate 12 months after that government 

ceases to provide such military equipment: Provided further, That this section applies with respect to lethal military equipment provided under a contract entered into after October 1, 

1997.

(2) DETERMINATION.—Assistance restricted by paragraph (1) 

or any other similar provision of law, may be furnished if the 

President determines that to do so is important to the national 

interest of the United States. 

(3) REPORT.—Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to 

the Committees on Appropriations a report with respect to the 

furnishing of such assistance, including a detailed explanation 

of the assistance to be provided, the estimated dollar amount 

of such assistance, and an explanation of how the assistance 

furthers United States national interest. 

(b) BILATERAL ASSISTANCE.— (1) LIMITATIONS.—Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated 

under any such title in prior Acts making appropriations for 

the Department of State, foreign operations, and related programs, shall not be made available to any foreign government 

which the President determines— 

(A) grants sanctuary from prosecution to any individual 

or group which has committed an act of international terrorism;

(B) otherwise supports international terrorism; or 

(C) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration 

and Nationality Act (8 U.S.C. 1189). 

(2) WAIVER.—The President may waive the application of 

paragraph (1) to a government if the President determines that 
1472

national security or humanitarian reasons justify such waiver: 

Provided, That the President shall publish each such waiver in 

the Federal Register and, at least 15 days before the waiver 

takes effect, shall notify the Committees on Appropriations of 

the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations. 

AUTHORIZATION REQUIREMENTS

SEC. 7022. Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Development Agency’’, may 

be obligated and expended notwithstanding section 10 of Public 

Law 91–672 (22 U.S.C. 2412), section 15 of the State Department 

Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the 

Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 

(22 U.S.C. 6212), and section 504(a)(1) of the National Security Act 

of 1947 (50 U.S.C. 3094(a)(1)). 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 7023. For the purpose of titles II through VI of this Act 

‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with 

the exception that for the following accounts: ‘‘Economic Support 

Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, and 

‘‘Foreign Military Financing Program’’, ‘‘program, project, and activity’’ shall also be considered to include country, regional, and 

central program level funding within each such account; and for 

the development assistance accounts of the United States Agency 

for International Development, ‘‘program, project, and activity’’ 

shall also be considered to include central, country, regional, and 

program level funding, either as— 

(1) justified to Congress; or 

(2) allocated by the Executive Branch in accordance with a 

report, to be provided to the Committees on Appropriations 

within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961 or as modified 

pursuant to section 7019 of this Act. 

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

SEC. 7024. Unless expressly provided to the contrary, provisions 

of this or any other Act, including provisions contained in prior 

Acts authorizing or making appropriations for the Department of 

State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the 

Peace Corps Act, the Inter-American Foundation Act or the African 

Development Foundation Act: Provided, That prior to conducting 

activities in a country for which assistance is prohibited, the agency shall consult with the Committees on Appropriations and report 

to such Committees within 15 days of taking such action. 
1473

COMMERCE, TRADE AND SURPLUS COMMODITIES

SEC. 7025. (a) WORLD MARKETS.—None of the funds appropriated 

or made available pursuant to titles III through VI of this Act for 

direct assistance and none of the funds otherwise made available 

to the Export-Import Bank and the Overseas Private Investment 

Corporation shall be obligated or expended to finance any loan, any 

assistance, or any other financial commitments for establishing or 

expanding production of any commodity for export by any country 

other than the United States, if the commodity is likely to be in 

surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will 

cause substantial injury to United States producers of the same, 

similar, or competing commodity: Provided, That such prohibition 

shall not apply to the Export-Import Bank if in the judgment of its 

Board of Directors the benefits to industry and employment in the 

United States are likely to outweigh the injury to United States 

producers of the same, similar, or competing commodity, and the 

Chairman of the Board so notifies the Committees on Appropriations: Provided further, That this subsection shall not prohibit— 

(1) activities in a country that is eligible for assistance from 

the International Development Association, is not eligible for 

assistance from the International Bank for Reconstruction and 

Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or 

(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a 

complex emergency. 

(b) EXPORTS.—None of the funds appropriated by this or any 

other Act to carry out chapter 1 of part I of the Foreign Assistance 

Act of 1961 shall be available for any testing or breeding feasibility 

study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export 

which would compete with a similar commodity grown or produced 

in the United States: Provided, That this subsection shall not prohibit—

(1) activities designed to increase food security in developing 

countries where such activities will not have a significant impact on the export of agricultural commodities of the United 

States;

(2) research activities intended primarily to benefit United 

States producers; 

(3) activities in a country that is eligible for assistance from 

the International Development Association, is not eligible for 

assistance from the International Bank for Reconstruction and 

Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or 

(4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a 

complex emergency. 
1474

(c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of 

the Treasury shall instruct the United States executive directors of 

the international financial institutions, as defined in section 

7034(r)(3) of this Act, to use the voice and vote of the United States 

to oppose any assistance by such institutions, using funds appropriated or made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on 

world markets and if the assistance will cause substantial injury 

to United States producers of the same, similar, or competing commodity.

SEPARATE ACCOUNTS

SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— (1) AGREEMENTS.—If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I 

or chapter 4 of part II of the Foreign Assistance Act of 1961 

under agreements which result in the generation of local currencies of that country, the Administrator of the United States 

Agency for International Development shall— 

(A) require that local currencies be deposited in a separate account established by that government; 

(B) enter into an agreement with that government which 

sets forth— 

(i) the amount of the local currencies to be generated; and 

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with 

this section; and 

(C) establish by agreement with that government the responsibilities of USAID and that government to monitor 

and account for deposits into and disbursements from the 

separate account. 

(2) USES OF LOCAL CURRENCIES.—As may be agreed upon 

with the foreign government, local currencies deposited in a 

separate account pursuant to subsection (a), or an equivalent 

amount of local currencies, shall be used only— 

(A) to carry out chapter 1 or 10 of part I or chapter 4 

of part II of the Foreign Assistance Act of 1961 (as the 

case may be), for such purposes as— 

(i) project and sector assistance activities; or 

(ii) debt and deficit financing; or 

(B) for the administrative requirements of the United 

States Government. 

(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all 

necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are 

used for the purposes agreed upon pursuant to subsection 

(a)(2).

(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of part 

I or chapter 4 of part II of the Foreign Assistance Act of 1961 

(as the case may be), any unencumbered balances of funds 

which remain in a separate account established pursuant to 
1475

subsection (a) shall be disposed of for such purposes as may be 

agreed to by the government of that country and the United 

States Government. 

(5) REPORTING REQUIREMENT.—The USAID Administrator 

shall report as part of the congressional budget justification 

submitted to the Committees on Appropriations on the use of 

local currencies for the administrative requirements of the 

United States Government as authorized in subsection 

(a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used or to be used 

for such purpose in each applicable country. 

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— (1) IN GENERAL.—If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I 

or chapter 4 of part II of the Foreign Assistance Act of 1961, 

as cash transfer assistance or as nonproject sector assistance, 

that country shall be required to maintain such funds in a separate account and not commingle with any other funds. 

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds 

may be obligated and expended notwithstanding provisions of 

law which are inconsistent with the nature of this assistance 

including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying 

House Joint Resolution 648 (House Report No. 98–1159). 

(3) NOTIFICATION.—At least 15 days prior to obligating any 

such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which 

shall include a detailed description of how the funds proposed 

to be made available will be used, with a discussion of the 

United States interests that will be served by such assistance 

(including, as appropriate, a description of the economic policy 

reforms that will be promoted by such assistance). 

(4) EXEMPTION.—Nonproject sector assistance funds may be 

exempt from the requirements of paragraph (1) only through 

the regular notification procedures of the Committees on Appropriations.

ELIGIBILITY FOR ASSISTANCE

SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGA- NIZATIONS.—Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict 

assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part 

II of the Foreign Assistance Act of 1961 and from funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and 

Central Asia’’: Provided, That before using the authority of this 

subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations pursuant to the regular notification procedures, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be 
1476

construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act. 

(b) PUBLIC LAW 480.—During fiscal year 2017, restrictions contained in this or any other Act with respect to assistance for a 

country shall not be construed to restrict assistance under the Food 

for Peace Act (Public Law 83–480): Provided, That none of the 

funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the 

Committees on Appropriations. 

(c) EXCEPTION.—This section shall not apply— 

(1) with respect to section 620A of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or 

(2) with respect to section 116 of the Foreign Assistance Act 

of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. 

LOCAL COMPETITION

SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO COMPETITION

FOR LOCAL ENTITIES.—Funds appropriated by this Act that are 

made available to the United States Agency for International Development may only be made available for limited competitions 

through local entities if— 

(1) prior to the determination to limit competition to local entities, USAID has— 

(A) assessed the level of local capacity to effectively implement, manage, and account for programs included in 

such competition; and 

(B) documented the written results of the assessment 

and decisions made; and 

(2) prior to making an award after limiting competition to 

local entities— 

(A) each successful local entity has been determined to 

be responsible in accordance with USAID guidelines; and 

(B) effective monitoring and evaluation systems are in 

place to ensure that award funding is used for its intended 

purposes; and 

(3) no level of acceptable fraud is assumed. 

(b) REPORTING REQUIREMENT.—In addition to the requirements 

of subsection (a)(1), the USAID Administrator shall report to the 

appropriate congressional committees not later than 45 days after 

the end of fiscal year 2017 on all awards subject to limited or no 

competition for local entities: Provided, That such report should be 

posted on the USAID Web site: Provided further, That the requirements of this subsection shall only apply to awards in excess of 

$3,000,000 and sole source awards to local entities in excess of 

$2,000,000.

(c) EXTENSION OF PROCUREMENT AUTHORITY.—Section 7077 of 

the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74), 

as amended, shall continue in effect during fiscal year 2017. 
1477

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 7029. (a) EVALUATIONS AND REPORT.—The Secretary of the 

Treasury shall instruct the United States executive director of each 

international financial institution to seek to require that such institution adopts and implements a publicly available policy, including 

the strategic use of peer reviews and external experts, to conduct 

independent, in-depth evaluations of the effectiveness of at least 25 

percent of all loans, grants, programs, and significant analytical 

non-lending activities in advancing the institution’s goals of reducing poverty and promoting equitable economic growth, consistent 

with relevant safeguards, to ensure that decisions to support such 

loans, grants, programs, and activities are based on accurate data 

and objective analysis: Provided, That not later than 45 days after 

enactment of this Act, the Secretary shall submit a report to the 

Committees on Appropriations on steps taken by the United States 

executive directors and the international financial institutions consistent with this subsection. 

(b) SAFEGUARDS.—

(1) The Secretary of the Treasury shall instruct the United 

States Executive Director of the International Bank for Reconstruction and Development and the International Development 

Association to vote against any loan, grant, policy, or strategy 

if such institution has adopted and is implementing any social 

or environmental safeguard relevant to such loan, grant, policy, or strategy that provides less protection than World Bank 

safeguards in effect on September 30, 2015. 

(2) The Secretary of the Treasury should instruct the United 

States executive director of each international financial institution to vote against loans or other financing for projects unless 

such projects— 

(A) provide for accountability and transparency, including the collection, verification and publication of beneficial 

ownership information related to extractive industries and 

on-site monitoring during the life of the project; 

(B) will be developed and carried out in accordance with 

best practices regarding environmental conservation; cultural protection; and empowerment of local populations, including free, prior and informed consent of affected indigenous communities; 

(C) do not provide incentives for, or facilitate, forced displacement; and 

(D) do not partner with or otherwise involve enterprises 

owned or controlled by the armed forces. 

(c) COMPENSATION.—None of the funds appropriated under title 

V of this Act may be made as payment to any international financial institution while the United States executive director to such 

institution is compensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is in excess of the rate provided for 

an individual occupying a position at level IV of the Executive 

Schedule under section 5315 of title 5, United States Code, or while 

any alternate United States executive director to such institution 

is compensated by the institution at a rate in excess of the rate 
1478

provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. 

(d) HUMAN RIGHTS.—The Secretary of the Treasury shall instruct 

the United States executive director of each international financial 

institution to seek to require that such institution conducts rigorous human rights due diligence and risk management, as appropriate, in connection with any loan, grant, policy, or strategy of 

such institution: Provided, That prior to voting on any such loan, 

grant, policy, or strategy the executive director shall consult with 

the Assistant Secretary for Democracy, Human Rights, and Labor, 

Department of State, if the executive director has reason to believe 

that such loan, grant, policy, or strategy could result in forced displacement or other violation of human rights. 

(e) FRAUD AND CORRUPTION.—The Secretary of the Treasury 

shall instruct the United States executive director of each international financial institution to promote in loan, grant, and other 

financing agreements improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute, 

and punish fraud and corruption. 

(f) BENEFICIAL OWNERSHIP INFORMATION.—The Secretary of the 

Treasury shall instruct the United States executive director of each 

international financial institution to seek to require that such institution collects, verifies, and publishes, to the maximum extent 

practicable, beneficial ownership information (excluding proprietary 

information) for any corporation or limited liability company, other 

than a publicly listed company, that receives funds from any such 

financial institution: Provided, That not later than 45 days after 

enactment of this Act, the Secretary shall submit a report to the 

Committees on Appropriations on steps taken by the United States 

executive directors and the international financial institutions consistent with this subsection. 

(g) WHISTLEBLOWER PROTECTIONS.—The Secretary of the Treasury shall instruct the United States executive director of each 

international financial institution to seek to require that each such 

institution is effectively implementing and enforcing policies and 

procedures which reflect best practices for the protection of whistleblowers from retaliation, including best practices for— 

(1) protection against retaliation for internal and lawful public disclosure; 

(2) legal burdens of proof; 

(3) statutes of limitation for reporting retaliation; 

(4) access to independent adjudicative bodies, including external arbitration; and 

(5) results that eliminate the effects of proven retaliation. 

DEBT-FOR-DEVELOPMENT

SEC. 7030. In order to enhance the continued participation of 

nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a 

grantee or contractor of the United States Agency for International 

Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic 

assistance provided under title III of this Act and, subject to the 

regular notification procedures of the Committees on Appropria-
1479

tions, any interest earned on such investment shall be used for the 

purpose for which the assistance was provided to that organization. 

FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERN- MENT ASSISTANCE.— (1) REQUIREMENTS.—Funds appropriated by this Act may be 

made available for direct government-to-government assistance 

only if— 

(A)(i) each implementing agency or ministry to receive 

assistance has been assessed and is considered to have the 

systems required to manage such assistance and any identified vulnerabilities or weaknesses of such agency or ministry have been addressed; 

(ii) the recipient agency or ministry employs and utilizes 

staff with the necessary technical, financial, and management capabilities; 

(iii) the recipient agency or ministry has adopted competitive procurement policies and systems; 

(iv) effective monitoring and evaluation systems are in 

place to ensure that such assistance is used for its intended purposes; 

(v) no level of acceptable fraud is assumed; and 

(vi) the government of the recipient country is taking 

steps to publicly disclose on an annual basis its national 

budget, to include income and expenditures; 

(B) the recipient government is in compliance with the 

principles set forth in section 7013 of this Act; 

(C) the recipient agency or ministry is not headed or controlled by an organization designated as a foreign terrorist 

organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); 

(D) the Government of the United States and the government of the recipient country have agreed, in writing, 

on clear and achievable objectives for the use of such assistance, which should be made available on a cost-reimbursable basis; and 

(E) the recipient government is taking steps to protect 

the rights of civil society, including freedoms of expression, 

association, and assembly. 

(2) CONSULTATION AND NOTIFICATION.—In addition to the requirements in paragraph (1), no funds may be made available 

for direct government-to-government assistance without prior 

consultation with, and notification of, the Committees on Appropriations: Provided, That such notification shall contain an 

explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the requirements of this paragraph shall only apply to direct governmentto-government assistance in excess of $10,000,000 and all 

funds available for cash transfer, budget support, and cash 

payments to individuals. 

(3) SUSPENSION OF ASSISTANCE.—The Administrator of the 

United States Agency for International Development or the 

Secretary of State, as appropriate, shall suspend any direct 
1480

government-to-government assistance if the Administrator or 

the Secretary has credible information of material misuse of 

such assistance, unless the Administrator or the Secretary reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, 

including a justification, or that such misuse has been appropriately addressed. 

(4) SUBMISSION OF INFORMATION.—The Secretary of State 

shall submit to the Committees on Appropriations, concurrent 

with the fiscal year 2018 congressional budget justification materials, amounts planned for assistance described in paragraph 

(1) by country, proposed funding amount, source of funds, and 

type of assistance. 

(5) REPORT.—Not later than 90 days after the enactment of 

this Act and 6 months thereafter until September 30, 2018, the 

USAID Administrator shall submit to the Committees on Appropriations a report that— 

(A) details all assistance described in paragraph (1) provided during the previous 6-month period by country, 

funding amount, source of funds, and type of such assistance; and 

(B) the type of procurement instrument or mechanism 

utilized and whether the assistance was provided on a reimbursable basis. 

(6) DEBT SERVICE PAYMENT PROHIBITION.—None of the funds 

made available by this Act may be used by the government of 

any foreign country for debt service payments owed by any 

country to any international financial institution: Provided, That for purposes of this paragraph, the term ‘‘international financial institution’’ has the meaning given the term in section 

7034(r)(3) of this Act. 

(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.— (1) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.—The

Secretary of State shall continue to update and strengthen the 

‘‘minimum requirements of fiscal transparency’’ for each government receiving assistance appropriated by this Act, as identified in the report required by section 7031(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76). 

(2) DEFINITION.—For purposes of paragraph (1), ‘‘minimum 

requirements of fiscal transparency’’ are requirements consistent with those in subsection (a)(1), and the public disclosure of national budget documentation (to include receipts and 

expenditures by ministry) and government contracts and licenses for natural resource extraction (to include bidding and 

concession allocation practices). 

(3) DETERMINATION AND REPORT.—For each government 

identified pursuant to paragraph (1), the Secretary of State, 

not later than 180 days after enactment of this Act, shall make 

or update any determination of ‘‘significant progress’’ or ‘‘no 

significant progress’’ in meeting the minimum requirements of 

fiscal transparency, and make such determinations publicly 

available in an annual ‘‘Fiscal Transparency Report’’ to be 

posted on the Department of State Web site: Provided, That 
1481

the Secretary shall identify the significant progress made by 

each such government to publicly disclose national budget documentation, contracts, and licenses which are additional to 

such information disclosed in previous fiscal years, and include 

specific recommendations of short- and long-term steps such 

government should take to improve fiscal transparency: Provided further, That the annual report shall include a detailed 

description of how funds appropriated by this Act are being 

used to improve fiscal transparency, and identify benchmarks 

for measuring progress. 

(4) ASSISTANCE.—Funds appropriated under title III of this 

Act shall be made available for programs and activities to assist governments identified pursuant to paragraph (1) to improve budget transparency and to support civil society organizations in such countries that promote budget transparency: 

Provided, That such sums shall be in addition to funds otherwise available for such purposes: Provided further, That a description of the uses of such funds shall be included in the annual ‘‘Fiscal Transparency Report’’ required by paragraph (3). 

(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— (1)(A) INELIGIBILITY.—Officials of foreign governments and 

their immediate family members about whom the Secretary of 

State has credible information have been involved in significant corruption, including corruption related to the extraction 

of natural resources, or a gross violation of human rights shall 

be ineligible for entry into the United States. 

(B) The Secretary shall also publicly or privately designate 

or identify officials of foreign governments and their immediate 

family members about whom the Secretary has such credible 

information without regard to whether the individual has applied for a visa. 

(2) EXCEPTION.—Individuals shall not be ineligible if entry 

into the United States would further important United States 

law enforcement objectives or is necessary to permit the United 

States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1) 

shall be construed to derogate from United States Government 

obligations under applicable international agreements. 

(3) WAIVER.—The Secretary may waive the application of 

paragraph (1) if the Secretary determines that the waiver 

would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have 

changed sufficiently. 

(4) REPORT.—Not later than 6 months after enactment of 

this Act, the Secretary of State shall submit a report, including 

a classified annex if necessary, to the Committees on Appropriations and the Committees on the Judiciary describing the 

information related to corruption or violation of human rights 

concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the 

individuals who the Secretary designated or identified pursuant to paragraph (1)(B), or who would be ineligible but for the 

application of paragraph (2), a list of any waivers provided 

under paragraph (3), and the justification for each waiver. 
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(5) POSTING OF REPORT.—Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State Web site. 

(6) CLARIFICATION.—For purposes of paragraphs (1)(B), (4), 

and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to 

the issuance or refusal of visas or permits to enter the United 

States shall not be considered confidential. 

(d) NETWORKS OF CORRUPTION.—If the Secretary of State has 

credible information of networks of corruption involving the participation of, or support from, a senior official in a country that receives assistance funded by this Act under titles III or IV, the Secretary shall submit a report to the Committees on Appropriations 

describing such networks, which shall include the information required under the heading ‘‘Economic Support Fund’’ in Senate Report 114–290. 

(e) EXTRACTION OF NATURAL RESOURCES.— (1) ASSISTANCE.—Funds appropriated by this Act shall be 

made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative, implementing and enforcing section 8204 of 

the Food, Conservation, and Energy Act of 2008 (Public Law 

110–246; 122 Stat. 2052) and to prevent the sale of conflict diamonds, and provide technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management. 

(2) UNITED STATES POLICY.— (A) The Secretary of the Treasury shall inform the management of the international financial institutions, and 

post on the Department of the Treasury Web site, that it 

is the policy of the United States to vote against any assistance by such institutions (including any loan, credit, 

grant, or guarantee) to any country for the extraction and 

export of a natural resource if the government of such 

country has in place laws, regulations, or procedures to 

prevent or limit the public disclosure of company payments 

as required by United States law, and unless such government has adopted laws, regulations, or procedures in the 

sector in which assistance is being considered for— 

(i) accurately accounting for and public disclosure of 

payments to the host government by companies involved in the extraction and export of natural resources;

(ii) the independent auditing of accounts receiving 

such payments and public disclosure of the findings of 

such audits; and 

(iii) public disclosure of such documents as Host 

Government Agreements, Concession Agreements, and 

bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions 

for, information that is commercially proprietary or 

that would create competitive disadvantage. 
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(B) The requirements of subparagraph (A) shall not 

apply to assistance for the purpose of building the capacity 

of such government to meet the requirements of this subparagraph.

(f) FOREIGN ASSISTANCE WEB SITE.—Funds appropriated by this 

Act under titles I and II, and funds made available for any independent agency in title III, as appropriate, shall be made available 

to support the provision of additional information on United States 

Government foreign assistance on the Department of State foreign 

assistance Web site: Provided, That all Federal agencies funded 

under this Act shall provide such information on foreign assistance, 

upon request, to the Department of State. 

DEMOCRACY PROGRAMS

SEC. 7032. (a) FUNDING AND STRATEGY.— (1) Of the funds appropriated by this Act under the headings 

‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, 

and ‘‘International Narcotics Control and Law Enforcement’’, 

not less than $2,308,517,000 shall be made available for democracy programs. 

(2) Not later than 180 days after enactment of this Act, the 

Secretary of State, in consultation with the relevant heads of 

other United States Government agencies, shall submit to the 

appropriate congressional committees a comprehensive, multiyear strategy for the promotion of democracy abroad, to include 

the identification of the national interest served by such activity, and the specific roles and responsibilities of such agencies 

in implementing the strategy. 

(b) AUTHORITY.—Funds made available by this Act for democracy 

programs may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation. 

(c) DEFINITION OF DEMOCRACY PROGRAMS.—For purposes of 

funds appropriated by this Act, the term ‘‘democracy programs’’ 

means programs that support good governance, credible and competitive elections, freedom of expression, association, assembly, and 

religion, human rights, labor rights, independent media, and the 

rule of law, and that otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of 

democratic states, and institutions that are responsive and accountable to citizens. 

(d) PROGRAM PRIORITIZATION.—Funds made available pursuant 

to this section that are made available for programs to strengthen 

government institutions shall be prioritized for those institutions 

that demonstrate a commitment to democracy and the rule of law, 

as determined by the Secretary of State or the USAID Administrator, as appropriate. 

(e) RESTRICTION ON PRIOR APPROVAL.—With respect to the provision of assistance for democracy programs in this Act, the organizations implementing such assistance, the specific nature of that assistance, and the participants in such programs shall not be subject 

to the prior approval by the government of any foreign country: 
1484

Provided, That the Secretary of State, in coordination with the 

USAID Administrator, shall report to the Committees on Appropriations, not later than 120 days after enactment of this Act, detailing steps taken by the Department of State and USAID to comply with the requirements of this subsection. 

(f) CONTINUATION OF CURRENT PRACTICES.—USAID shall continue to implement civil society and political competition and consensus building programs abroad with funds appropriated by this 

Act in a manner that recognizes the unique benefits of grants and 

cooperative agreements in implementing such programs: Provided,

That nothing in this paragraph shall be construed to affect the 

ability of any entity, including United States small businesses, 

from competing for proposals for USAID-funded civil society and 

political competition and consensus building programs. 

(g) COUNTRY STRATEGY STRATEGIC REVIEWS.—Prior to the obligation of funds made available by this Act for Department of State 

and USAID democracy programs for a nondemocratic or democratic 

transitioning country for which a country strategy has been concluded after the date of enactment of this Act, as required by section 2111(c)(1) of the ADVANCE Democracy Act of 2007 (title XXI 

of Public Law 110–53; 22 U.S.C. 8211) or similar provision of law 

or regulation, the Under Secretary for Civilian Security, Democracy 

and Human Rights, Department of State, in consultation with the 

Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, and the Assistant Administrator for Democracy, 

Conflict, and Humanitarian Assistance, USAID, shall review such 

strategy to ensure that it includes— 

(1) specific goals and objectives for such program, including 

a specific plan and timeline to measure impacts; 

(2) an assessment of the risks associated with the conduct of 

such program to intended beneficiaries and implementers, including steps to support and protect such individuals; and 

(3) the funding requirements to initiate and sustain such 

program in fiscal year 2017 and subsequent fiscal years, as appropriate:

Provided, That for the purposes of this subsection, the term ‘‘nondemocratic or democratic transitioning country’’ shall have the 

same meaning as in section 2104(6) of Public Law 110–53. 

(h) COMMUNICATION AND REPORTING REQUIREMENTS.—

(1) INFORMING THE NATIONAL ENDOWMENT FOR DEMOCRACY.—The Assistant Secretary for Democracy, Human Rights, 

and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance, 

USAID, shall regularly inform the National Endowment for 

Democracy of democracy programs that are planned and supported by funds made available by this Act and prior Acts 

making appropriations for the Department of State, foreign operations, and related programs. 

(2) REPORT ON FUNDING INSTRUMENTS.—Not later than September 30, 2017, the Secretary of State and USAID Administrator shall each submit to the Committees on Appropriations 

a report detailing the use of contracts, grants, and cooperative 

agreements in the conduct of democracy programs with funds 

made available by the Department of State, Foreign Oper-
1485

ations, and Related Programs Act, 2016 (division K of Public 

Law 114–113), which shall include funding level, account, program sector and subsector, and a brief summary of purpose. 

(3) REPORT ON PROGRAM CHANGES.—The Secretary of State 

or the USAID Administrator, as appropriate, shall report to 

the Committees on Appropriations within 30 days of a decision 

to significantly change the objectives or the content of a democracy program or to close such a program due to the increasingly repressive nature of the host country government: Provided, That the report shall also include a strategy for continuing support for democracy promotion, if such programming 

is feasible, and may be submitted in classified form, if necessary.

INTERNATIONAL RELIGIOUS FREEDOM

SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM OFFICE AND

SPECIAL ENVOY TO PROMOTE RELIGIOUS FREEDOM.— (1) Funds appropriated by this Act under the heading ‘‘Diplomatic and Consular Programs’’ shall be made available for the 

Office of International Religious Freedom, Bureau of Democracy, Human Rights, and Labor, Department of State, the Office of the Ambassador-at-Large for International Religious 

Freedom, and the Special Envoy to Promote Religious Freedom 

of Religious Minorities in the Near East and South Central 

Asia, as authorized in the Near East and South Central Asia 

Religious Freedom Act of 2014 (Public Law 113–161), including 

for support staff at not less than the amounts specified for 

such offices in the table under such heading in the explanatory 

statement described in section 4 (in the matter preceding division A of this Consolidated Act). 

(2) Funds appropriated under the heading ‘‘Diplomatic and 

Consular Programs’’ and designated for the Office of International Religious Freedom shall be made available for the development and implementation of an international religious 

freedom curriculum in accordance with the criteria specified 

under such heading in the explanatory statement described in 

section 4 (in the matter preceding division A of this Consolidated Act). 

(b) ASSISTANCE.— (1) INTERNATIONAL RELIGIOUS FREEDOM PROGRAMS.—Of the 

funds appropriated by this Act under the heading ‘‘Democracy 

Fund’’ and available for the Human Rights and Democracy 

Fund (HRDF), not less than $10,000,000 shall be made available for international religious freedom programs: Provided,

That the Ambassador-at-Large for International Religious 

Freedom shall consult with the Committees on Appropriations 

on the uses of such funds. 

(2) PROTECTION AND INVESTIGATION PROGRAMS.—Of the 

funds appropriated by this Act under the heading ‘‘Economic 

Support Fund’’, not less than $10,000,000 shall be made available for programs to protect vulnerable and persecuted religious minorities: Provided, That a portion of such funds shall 

be made available for programs to investigate the persecution 

of such minorities by governments and non-state actors and for 
1486

the public dissemination of information collected on such persecution, including on the Department of State Web site. 

(3) HUMANITARIAN PROGRAMS.—Funds appropriated by this 

Act under the headings ‘‘International Disaster Assistance’’ 

and ‘‘Migration and Refugee Assistance’’ shall be made available for humanitarian assistance for vulnerable and persecuted 

religious minorities, including victims of genocide designated 

by the Secretary of State and other groups that have suffered 

crimes against humanity and ethnic cleansing, to— 

(A) accelerate the implementation of an immediate, coordinated, and sustained response to provide humanitarian 

assistance;

(B) enhance protection of conflict victims, including 

those facing a dire humanitarian crisis and severe persecution because of their faith or ethnicity; and 

(C) improve access to secure locations for obtaining humanitarian and resettlement services. 

(4) TRANSITIONAL JUSTICE, RECONCILIATION, AND REINTEGRA- TION PROGRAMS IN THE MIDDLE EAST AND NORTH AFRICA RE- GIONS.—

(A) Not later than 90 days after enactment of this Act 

and after consultation with relevant central governments 

in the Middle East and North Africa regions, the Secretary 

of State shall submit to the Committees on Appropriations 

a plan for transitional justice, reconciliation, and reintegration programs for vulnerable and persecuted religious minorities in such regions: Provided, That such plan 

shall include a description of actions to be taken by such 

governments to safeguard and promote the political and 

economic rights of such minorities, including the return, 

rehabilitation, and protection of property in areas of conflict.

(B) Of the funds appropriated by this Act under the 

heading ‘‘Economic Support Fund’’ that are made available 

for assistance for Iraq and Syria, not less than $5,000,000 

shall be made available to support the implementation of 

the plan required by subparagraph (A): Provided, That 

such funds shall be matched, to the maximum extent practicable, from sources other than the United States Government.

(5) RESPONSIBILITY OF FUNDS.—Funds made available by 

paragraphs (1), (2), and (4) shall be the responsibility of the 

Ambassador-at-Large for International Religious Freedom, in 

consultation with other relevant United States Government officials.

(c) INTERNATIONAL BROADCASTING.—Funds appropriated by this 

Act under the heading ‘‘Broadcasting Board of Governors, International Broadcasting Operations’’ shall be made available for programs related to international religious freedom, including reporting on the condition of vulnerable and persecuted religious groups. 

(d) ATROCITIES PREVENTION.—Funds appropriated by this Act 

under the headings ‘‘Economic Support Fund’’ and ‘‘International 

Narcotics Control and Law Enforcement’’ shall be made available 

for programs to prevent atrocities and to implement the rec-
1487

ommendations of the Atrocities Prevention Board, including with 

respect to the evaluation required by section 7033(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (division K of Public Law 114–113): Provided, That the Under Secretary for Civilian Security, Democracy, and 

Human Rights, Department of State, shall be responsible for providing the strategic policy direction for, and policy oversight of, 

funds made available pursuant to this subsection to the Bureaus 

of International Narcotics Control and Law Enforcement and Democracy, Human Rights, and Labor, Department of State: Provided

further, That such funds shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

(e) DESIGNATION OF NON-STATE ACTORS.—The President shall, 

concurrent with the annual foreign country review required by section 402(b)(1) of the International Religious Freedom Act of 1998 

(22 U.S.C. 6442(b)(1)), review and identify any non-state actors in 

such countries that have engaged in particularly severe violations 

of religious freedom, and designate, in a manner consistent with 

such Act, each such group as a non-state actor of particular concern 

for religious freedom operating in such reviewed country or surrounding region: Provided, That whenever the President designates 

such a non-state actor under this subsection, the President shall, 

as soon as practicable after the designation is made, submit a report to the appropriate congressional committees detailing the reasons for such designation. 

(f) FUNDING CLARIFICATION.—Funds made available pursuant to 

subsections (b) and (d) are in addition to amounts otherwise made 

available for such purposes. 

SPECIAL PROVISIONS

SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHILDREN, AND DIS- PLACED BURMESE.—Funds appropriated in titles III and VI of this 

Act that are made available for victims of war, displaced children, 

displaced Burmese, and to combat trafficking in persons and assist 

victims of such trafficking, may be made available notwithstanding 

any other provision of law. 

(b) LAW ENFORCEMENT AND SECURITY.— (1) CHILD SOLDIERS.—Funds appropriated by this Act should 

not be used to support any military training or operations that 

include child soldiers. 

(2) CROWD CONTROL ITEMS.—Funds appropriated by this Act 

should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for foreign 

security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing 

democratic transition. 

(3) DISARMAMENT, DEMOBILIZATION, AND REINTEGRATION.—

Section 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235) shall continue in effect during 

fiscal year 2017. 

(4) FORENSIC ASSISTANCE.—

(A) Of the funds appropriated by this Act under the 

heading ‘‘Economic Support Fund’’, not less than 
1488

$6,500,000 shall be made available for forensic anthropology assistance related to the exhumation of mass graves 

and the identification of victims of war crimes, genocide, 

and crimes against humanity, including in Iraq, Guatemala, Colombia, El Salvador, Syria, and Sri Lanka, which 

shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. 

(B) Of the funds appropriated by this Act under the 

heading ‘‘International Narcotics Control and Law Enforcement’’, not less than $6,000,000 shall be made available for 

DNA forensic technology programs to combat human trafficking in Central America and Mexico. 

(5) INTERNATIONAL PRISON CONDITIONS.—Section 7065 of the 

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113– 

235) shall continue in effect during fiscal year 2017. 

(6) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under 

section 660(b)(6) of the Foreign Assistance Act of 1961, support 

for a nation emerging from instability may be deemed to mean 

support for regional, district, municipal, or other sub-national 

entity emerging from instability, as well as a nation emerging 

from instability. 

(7) SECURITY ASSISTANCE REPORT.—Not later than 120 days 

after enactment of this Act, the Secretary of State shall submit 

to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2016, by country and 

purpose of assistance, under the headings ‘‘Peacekeeping Operations’’, ‘‘International Military Education and Training’’, and 

‘‘Foreign Military Financing Program’’. 

(8) FOREIGN MILITARY SALES AND FOREIGN MILITARY FINANC- ING PROGRAM.— (A) AVAILABILITY.—Funds appropriated by this Act 

under the heading ‘‘Foreign Military Financing Program’’ 

for the general costs of administering military assistance 

and sales shall be made available to increase the efficiency 

and effectiveness of programs authorized by Chapter 2 of 

the Arms Export Control Act: Provided, That prior to the 

obligation of funds for such purposes, the Secretary of 

State shall consult with the Committees on Appropriations.

(B) REVIEW AND REPORT.—The Secretary of State, in coordination with the Secretary of Defense, shall review the 

resources, personnel, and practices of the Departments of 

State and Defense that are associated with administering 

military assistance and sales programs and, not later than 

120 days after enactment of this Act, submit to the appropriate congressional committees a report on steps taken or 

planned to be taken to increase the efficiency and effectiveness of such programs. 

(C) QUARTERLY STATUS REPORT.—Following the submission of the quarterly report required by section 36 of Public Law 90–629 (22 U.S.C. 2776), the Secretary of State, in 

coordination with the Secretary of Defense, shall submit to 
1489

the Committees on Appropriations a status report that 

contains the information described under this heading in 

the explanatory statement described in section 4 (in the 

matter preceding division A of this Consolidated Act). 

(D) FOREIGN MILITARY FINANCING PROGRAM LOANS.—Not

later than 60 days after enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the Committees on Appropriations a 

report assessing the potential impact of transitioning assistance made available by this Act under the heading 

‘‘Foreign Military Financing Program’’ from grants to 

loans, including the budgetary and diplomatic impacts, 

and the extent to which such transition would affect the 

foreign policy interest of the United States: Provided, That 

such report shall also include an assessment of the impact 

of proposals included in the fiscal year 2018 congressional 

budget justification that would transition such assistance 

from grants to loans. 

(9) VETTING REPORT.—

(A) Not later than 90 days after enactment of this Act, 

the Secretary of State shall submit a report to the appropriate congressional committees on foreign assistance 

cases submitted for vetting for purposes of section 620M of 

the Foreign Assistance Act of 1961 during the preceding 

fiscal year, including— 

(i) the total number of cases submitted, approved, 

suspended, or rejected for human rights reasons; and 

(ii) for cases rejected, a description of the steps 

taken to assist the foreign government in taking effective measures to bring the responsible members of the 

security forces to justice, in accordance with section 

620M(c) of the Foreign Assistance Act of 1961. 

(B) The report required by this paragraph shall be submitted in unclassified form, but may be accompanied by a 

classified annex. 

(10) ANNUAL FOREIGN MILITARY TRAINING REPORT.—For the 

purposes of implementing section 656 of the Foreign Assistance 

Act of 1961, the term ‘‘military training provided to foreign 

military personnel by the Department of Defense and the Department of State’’ shall be deemed to include all military 

training provided by foreign governments with funds appropriated to the Department of Defense or the Department of 

State, except for training provided by the government of a 

country designated by section 517(b) of such Act as a major 

non-NATO ally. 

(11) PROLIFERATION SECURITY INITIATIVE.—Funds appropriated by this Act under the heading ‘‘Nonproliferation, Antiterrorism, Demining and Related Programs’’ shall be made 

available for programs to increase international participation 

in the Proliferation Security Initiative (PSI) and endorsement 

of the PSI Statement of Interdiction Principles: Provided, That 

not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Ap-
1490

propriations detailing steps to be taken to implement the requirements of this paragraph. 

(12) AUTHORITY TO COUNTER EXTREMISM.—Funds made 

available by this Act under the heading ‘‘Economic Support 

Fund’’ to counter extremism may be made available notwithstanding any other provision of law restricting assistance to 

foreign countries, except sections 502B and 620A of the Foreign Assistance Act of 1961: Provided, That the Secretary of 

State, or the USAID Administrator, as appropriate, shall consult with the Committees on Appropriations prior to exercising 

the authority of this paragraph. 

(c) WORLD FOOD PROGRAMME.—Funds managed by the Bureau 

for Democracy, Conflict, and Humanitarian Assistance, United 

States Agency for International Development, from this or any 

other Act, may be made available as a general contribution to the 

World Food Programme, notwithstanding any other provision of 

law.

(d) DIRECTIVES AND AUTHORITIES.— (1) RESEARCH AND TRAINING.—Funds appropriated by this 

Act under the heading ‘‘Assistance for Europe, Eurasia and 

Central Asia’’ shall be made available to carry out the Program 

for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by 

the Soviet-Eastern European Research and Training Act of 

1983 (22 U.S.C. 4501 et seq.). 

(2) GENOCIDE VICTIMS MEMORIAL SITES AND TRIBUNALS.— (A) Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe, Eurasia 

and Central Asia’’ may be made available as contributions 

to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations. 

(B) Of the funds appropriated by this Act under the 

heading ‘‘Economic Support Fund’’, not less than 

$3,500,000 shall be made available, on a competitive basis, 

for reimbursement of costs related to research and documentation in support of the activities of international tribunals established to try cases of war crimes, genocide, 

and crimes against humanity. 

(3) ADDITIONAL AUTHORITIES.—Of the amounts made available by title I of this Act under the heading ‘‘Diplomatic and 

Consular Programs’’, up to $500,000 may be made available for 

grants pursuant to section 504 of Public Law 95–426 (22 

U.S.C. 2656d), including to facilitate collaboration with indigenous communities, and up to $1,000,000 may be made available for grants to carry out the activities of the Cultural Antiquities Task Force. 

(4) AUTHORITY.—The USAID Administrator may use funds 

appropriated by this Act under title III to make innovation incentive awards: Provided, That each individual award may not 

exceed $100,000: Provided further, That no more than 10 such 

awards may be made during fiscal year 2017: Provided further,
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That for purposes of this paragraph the term ‘‘innovation incentive award’’ means the provision of funding on a competitive 

basis that— 

(A) encourages and rewards the development of solutions 

for a particular, well-defined problem related to the alleviation of poverty; or 

(B) helps identify and promote a broad range of ideas 

and practices facilitating further development of an idea or 

practice by third parties. 

(e) PARTNER VETTING.— (1) In lieu of the requirements in the second and third provisos of section 7034(e) of the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2016 

(division K of Public Law 114–113), not later than 60 days 

after enactment of this Act, the Secretary of State and the 

USAID Administrator shall jointly submit a report to the Committees on Appropriations, in classified form if necessary, detailing the findings, conclusions, and recommendations of the 

evaluation of the Partner Vetting System pilot program and 

recommendations for any new partner vetting program: Provided, That prior to the submission of the report, the Secretary 

and Administrator shall jointly consult with the Committees 

on Appropriations, and also consult with representatives of implementing organizations, on such findings, conclusions, and 

recommendations.

(2) The Secretary of State and USAID Administrator may 

initiate a partner vetting program to mitigate the risk of diversion of foreign assistance, or make significant modifications to 

any existing partner vetting program, only following consultation with the Committees on Appropriations: Provided, That 

the Secretary and Administrator should provide a direct vetting option for prime awardees in any partner vetting program 

initiated after the date of the enactment of this Act. 

(f) CONTINGENCIES.—During fiscal year 2017, the President may use up to $125,000,000 under the authority of section 451 of the 

Foreign Assistance Act of 1961, notwithstanding any other provision of law. 

(g) INTERNATIONAL CHILD ABDUCTIONS.—The Secretary of State 

should withhold funds appropriated under title III of this Act for 

assistance for the central government of any country that is not 

taking appropriate steps to comply with the Convention on the 

Civil Aspects of International Child Abductions, done at the Hague 

on October 25, 1980: Provided, That the Secretary shall report to 

the Committees on Appropriations within 15 days of withholding 

funds under this subsection. 

(h) CULTURAL PRESERVATION PROJECT DETERMINATION.—None of 

the funds appropriated in titles I and III of this Act may be used 

for the preservation of religious sites unless the Secretary of State 

or the USAID Administrator, as appropriate, determines and reports to the Committees on Appropriations that such sites are historically, artistically, or culturally significant, that the purpose of 

the project is neither to advance nor to inhibit the free exercise of 

religion, and that the project is in the national interest of the 

United States. 
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(i) TRANSFER OF FUNDS FOR EXTRAORDINARY PROTECTION.—The

Secretary of State may transfer to, and merge with, funds under 

the heading ‘‘Protection of Foreign Missions and Officials’’ unobligated balances of expired funds appropriated under the heading 

‘‘Diplomatic and Consular Programs’’ for fiscal year 2017, except for 

funds designated for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985, at no later than 

the end of the fifth fiscal year after the last fiscal year for which 

such funds are available for the purposes for which appropriated: 

Provided, That not more than $50,000,000 may be transferred. 

(j) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC

MISSIONS AND INTERNATIONAL ORGANIZATIONS.—Section 7034(k) of 

the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235) 

shall continue in effect during fiscal year 2017. 

(k) EXTENSION OF AUTHORITIES.— (1) PASSPORT FEES.—Section 1(b)(2) of the Passport Act of 

June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting ‘‘September 30, 2017’’ for ‘‘September 30, 2010’’. 

(2) INCENTIVES FOR CRITICAL POSTS.—The authority contained in section 1115(d) of the Supplemental Appropriations 

Act, 2009 (Public Law 111–32) shall remain in effect through 

September 30, 2017. 

(3) USAID CIVIL SERVICE ANNUITANT WAIVER.—Section

625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2385(j)(1)) shall be applied by substituting ‘‘September 30, 

2017’’ for ‘‘October 1, 2010’’ in subparagraph (B). 

(4) OVERSEAS PAY COMPARABILITY AND LIMITATION.— (A) Subject to the limitation described in subparagraph 

(B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 

Stat. 1904) shall remain in effect through September 30, 

2017.

(B) The authority described in subparagraph (A) may 

not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of 

the amount of the locality-based comparability payment 

(stated as a percentage) that would be payable to such 

member under section 5304 of title 5, United States Code, 

if such member’s official duty station were in the District 

of Columbia. 

(5) CATEGORICAL ELIGIBILITY.—The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 

1990 (Public Law 101–167) is amended— 

(A) in section 599D (8 U.S.C. 1157 note)— 

(i) in subsection (b)(3), by striking ‘‘and 2016’’ and 

inserting ‘‘2016, and 2017’’; and 

(ii) in subsection (e), by striking ‘‘2016’’ each place it 

appears and inserting ‘‘2017’’; and 

(B) in section 599E (8 U.S.C. 1255 note) in subsection 

(b)(2), by striking ‘‘2016’’ and inserting ‘‘2017’’. 
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(6) INSPECTOR GENERAL ANNUITANT WAIVER.—The authorities 

provided in section 1015(b) of the Supplemental Appropriations 

Act, 2010 (Public Law 111–212) shall remain in effect through 

September 30, 2017. 

(7) EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.— (A) Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 

1011) is amended by striking ‘‘2017’’ and inserting ‘‘2018’’. 

(B) Section 514(b)(2)(A) of the Foreign Assistance Act of 

1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking 

‘‘and 2017’’ and inserting ‘‘2017, and 2018’’. 

(8) MODIFICATION OF LIFE INSURANCE SUPPLEMENT.—Section

415(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 

3975(a)(1)) is amended by adding—‘‘The group life insurance 

supplement employee benefit paid or scheduled to be paid pursuant to this section should not be used to reduce any other 

payment to which a recipient is otherwise eligible under Federal law.’’. 

(l) DEPARTMENT OF STATE AND THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT.—Prior to implementing any reorganization of the Department of State or the United States Agency 

for International Development, including any action taken pursuant to the March 31, 2017 Executive Order 13781 on a Comprehensive Plan for Reorganizing the Executive Branch, the Secretary of 

State shall submit a report to the Committees on Appropriations 

on such reorganization: Provided, That such report shall include a 

detailed justification and analysis containing— 

(1) the impact on personnel, both foreign service and civil 

service;

(2) the process used to identify the merger, closing or termination of any operating unit, including the process used to assess the impact of such action on programs, projects, and activities funded by this Act; 

(3) the impact any such merger, closing or termination would 

have on the ability to conduct adequate monitoring and oversight of foreign assistance programs; and 

(4) the national security interest served by each such merger, 

closing or termination, including a determination that such 

merger, closing or termination will not expand the influence of 

any adversary or competitor of the United States, including 

foreign terrorist organizations. 

(m) HUMANITARIAN ASSISTANCE.—Funds appropriated by this Act 

that are available for monitoring and evaluation of assistance 

under the headings ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee Assistance’’ shall, as appropriate, be made 

available for the regular collection of feedback obtained directly 

from beneficiaries on the quality and relevance of such assistance: 

Provided, That the Department of State and USAID shall conduct 

regular oversight to ensure that such feedback is collected and used 

by implementing partners to maximize the cost-effectiveness and 

utility of such assistance, and require such partners that receive 

funds under such headings to establish procedures for collecting 

and responding to such feedback and inform the Department of 

State or USAID, as appropriate, of such procedures. 
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(n) HIV/AIDS WORKING CAPITAL FUND.—Funds available in the 

HIV/AIDS Working Capital Fund established pursuant to section 

525(b)(1) of the Foreign Operations, Export Financing, and Related 

Programs Appropriations Act, 2005 (Public Law 108–477) may be 

made available for pharmaceuticals and other products for child 

survival, malaria, and tuberculosis to the same extent as HIV/AIDS 

pharmaceuticals and other products, subject to the terms and conditions in such section: Provided, That the authority in section 

525(b)(5) of the Foreign Operations, Export Financing, and Related 

Programs Appropriation Act, 2005 (Public Law 108–477) shall be 

exercised by the Assistant Administrator for Global Health, 

USAID, with respect to funds deposited for such non-HIV/AIDS 

pharmaceuticals and other products, and shall be subject to the 

regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall include in 

the congressional budget justification an accounting of budgetary 

resources, disbursements, balances, and reimbursements related to 

such fund. 

(o) LOANS AND ENTERPRISE FUNDS.— (1) LOAN GUARANTEES.—Funds appropriated under the headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe, 

Eurasia and Central Asia’’ by this Act and prior Acts making 

appropriations for the Department of State, foreign operations, 

and related programs may be made available for the costs, as 

defined in section 502 of the Congressional Budget Act of 1974, 

of loan guarantees for Jordan, Ukraine, Iraq, Egypt, and Tunisia, which are authorized to be provided: Provided, That 

amounts made available under this paragraph for the costs of 

such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. 

(2) ENTERPRISE FUNDS.—Funds appropriated under the heading ‘‘Economic Support Fund’’ in this Act may be made available to establish and operate one or more enterprise funds for 

Egypt and Tunisia: Provided, That the first, third and fifth 

provisos under section 7041(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 

2012 (division I of Public Law 112–74) shall apply to funds appropriated by this Act under the heading ‘‘Economic Support 

Fund’’ for an enterprise fund or funds to the same extent and 

in the same manner as such provision of law applied to funds 

made available under such section (except that the clause excluding subsection (d)(3) of section 201 of the SEED Act shall 

not apply): Provided further, That in addition to the previous 

proviso, the authorities in the matter preceding the first proviso of such section may apply to any such enterprise fund or 

funds: Provided further, That the authority of any such enterprise fund or funds to provide assistance shall cease to be effective on December 31, 2027. 

(3) DESIGNATION REQUIREMENT.—Funds made available pursuant to paragraph (1) from prior Acts making appropriations 

for the Department of State, foreign operations, and related 

programs that were previously designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism 

pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
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Emergency Deficit Control Act of 1985 are designated by the 

Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act. 

(4) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to the authorities of this subsection shall be subject to prior consultation with the appropriate congressional 

committees, and subject to the regular notification procedures 

of the Committees on Appropriations. 

(p) SMALL GRANTS AND ENTITIES.—

(1) Of the funds appropriated by this Act under the headings 

‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not less than 

$47,000,000 shall be made available for the Small Grants Program pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 

2015 (division J of Public Law 113–235), which may remain 

available until September 30, 2021. 

(2) For the purposes of section 7080 of division J of Public 

Law 113–235, ‘‘eligible entities’’ shall be defined as small local, 

international, and United States-based nongovernmental organizations, educational institutions, and other small entities 

that have received less than a total of $5,000,000 from USAID 

over the previous 5 fiscal years: Provided, That departments or 

centers of such educational institutions may be considered individually in determining such eligibility. 

(q) EXCEPTION.—Notwithstanding section 201 of the Security Assistance Appropriations Act, 2017 (division B of Public Law 114– 

254), funds appropriated or otherwise made available by title II of 

such Act are in addition to amounts specifically designated by this 

Act or in the respective tables in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated Act). 

(r) DEFINITIONS.— (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Unless otherwise defined in this Act, for purposes of this Act the term 

‘‘appropriate congressional committees’’ means the Committees 

on Appropriations and Foreign Relations of the Senate and the 

Committees on Appropriations and Foreign Affairs of the 

House of Representatives. 

(2) FUNDS APPROPRIATED BY THIS ACT AND PRIOR ACTS.—Unless otherwise defined in this Act, for purposes of this Act the 

term ‘‘funds appropriated by this Act and prior Acts making 

appropriations for the Department of State, foreign operations, 

and related programs’’ means funds that remain available for 

obligation, and have not expired. 

(3) INTERNATIONAL FINANCIAL INSTITUTIONS.—In this Act 

‘‘international financial institutions’’ means the International 

Bank for Reconstruction and Development, the International 

Development Association, the International Finance Corporation, the Inter-American Development Bank, the International 

Monetary Fund, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, 

the North American Development Bank, the European Bank 

for Reconstruction and Development, the African Development 
1496

Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency. 

(4) SOUTHERN KORDOFAN REFERENCE.—Any reference to 

Southern Kordofan in this or any other Act making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include portions of Western 

Kordofan that were previously part of Southern Kordofan prior 

to the 2013 division of Southern Kordofan. 

(5) USAID.—In this Act, the term ‘‘USAID’’ means the 

United States Agency for International Development. 

(6) CLARIFICATION.—Unless otherwise provided for in this 

Act, for the purposes of this Act the terms ‘‘under this heading’’, ‘‘under the heading’’, ‘‘under the headings’’, or similar 

phrases mean funds appropriated or otherwise made available 

under such heading or headings in all titles of this Act: Provided, That the term ‘‘under the heading in this title’’ or similar phrases means funds appropriated or otherwise made available only in such title. 

(7) SPEND PLAN.—In this Act, the term ‘‘spend plan’’ means 

a plan for the uses of funds appropriated for a particular entity, country, program, purpose, or account and which shall include, at a minimum, a description of— 

(A) realistic and sustainable goals, and a timeline for 

achieving such goals; 

(B) amounts and sources of funds by account; 

(C) criteria for measuring progress in achieving such 

goals;

(D) how such funds will complement other ongoing or 

planned programs; and 

(E) implementing partners, to the maximum extent practicable.

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 7035. It is the sense of the Congress that— 

(1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, 

is an impediment to peace in the region and to United States 

investment and trade in the Middle East and North Africa; 

(2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, 

and the Central Office for the Boycott of Israel immediately 

disbanded;

(3) all Arab League states should normalize relations with 

their neighbor Israel; 

(4) the President and the Secretary of State should continue 

to vigorously oppose the Arab League boycott of Israel and find 

concrete steps to demonstrate that opposition by, for example, 

taking into consideration the participation of any recipient 

country in the boycott when determining to sell weapons to 

said country; and 

(5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab 

League states to normalize their relations with Israel to bring 

about the termination of the Arab League boycott of Israel, in-
1497

cluding those to encourage allies and trading partners of the 

United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply.

PALESTINIAN STATEHOOD

SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of the funds 

appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State 

determines and certifies to the appropriate congressional committees that— 

(1) the governing entity of a new Palestinian state— 

(A) has demonstrated a firm commitment to peaceful coexistence with the State of Israel; and 

(B) is taking appropriate measures to counter terrorism 

and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate 

security organizations; and 

(2) the Palestinian Authority (or the governing entity of a 

new Palestinian state) is working with other countries in the 

region to vigorously pursue efforts to establish a just, lasting, 

and comprehensive peace in the Middle East that will enable 

Israel and an independent Palestinian state to exist within the 

context of full and normal relationships, which should include—

(A) termination of all claims or states of belligerency; 

(B) respect for and acknowledgment of the sovereignty, 

territorial integrity, and political independence of every 

state in the area through measures including the establishment of demilitarized zones; 

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; 

(D) freedom of navigation through international waterways in the area; and 

(E) a framework for achieving a just settlement of the 

refugee problem. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

governing entity should enact a constitution assuring the rule of 

law, an independent judiciary, and respect for human rights for its 

citizens, and should enact other laws and regulations assuring 

transparent and accountable governance. 

(c) WAIVER.—The President may waive subsection (a) if the 

President determines that it is important to the national security 

interest of the United States to do so. 

(d) EXEMPTION.—The restriction in subsection (a) shall not apply 

to assistance intended to help reform the Palestinian Authority and 

affiliated institutions, or the governing entity, in order to help meet 

the requirements of subsection (a), consistent with the provisions 

of section 7040 of this Act (‘‘Limitation on Assistance for the Palestinian Authority’’). 
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RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 7037. None of the funds appropriated under titles II 

through VI of this Act may be obligated or expended to create in 

any part of Jerusalem a new office of any department or agency of 

the United States Government for the purpose of conducting official 

United States Government business with the Palestinian Authority 

over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: 

Provided further, That meetings between officers and employees of 

the United States and officials of the Palestinian Authority, or any 

successor Palestinian governing entity provided for in the IsraelPLO Declaration of Principles, for the purpose of conducting official 

United States Government business with such authority should 

continue to take place in locations other than Jerusalem: Provided

further, That as has been true in the past, officers and employees 

of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now 

occupy positions in the Palestinian Authority), have social contacts, 

and have incidental discussions. 

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 7038. None of the funds appropriated or otherwise made 

available by this Act may be used to provide equipment, technical 

support, consulting services, or any other form of assistance to the 

Palestinian Broadcasting Corporation. 

ASSISTANCE FOR THE WEST BANK AND GAZA

SEC. 7039. (a) OVERSIGHT.—For fiscal year 2017, 30 days prior to 

the initial obligation of funds for the bilateral West Bank and Gaza 

Program, the Secretary of State shall certify to the Committees on 

Appropriations that procedures have been established to assure the 

Comptroller General of the United States will have access to appropriate United States financial information in order to review the 

uses of United States assistance for the Program funded under the 

heading ‘‘Economic Support Fund’’ for the West Bank and Gaza. 

(b) VETTING.—Prior to the obligation of funds appropriated by 

this Act under the heading ‘‘Economic Support Fund’’ for assistance 

for the West Bank and Gaza, the Secretary of State shall take all 

appropriate steps to ensure that such assistance is not provided to 

or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational 

institutions, those that have as a principal officer of the entity’s 

governing board or governing board of trustees any individual that 

has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization: Provided, That the Secretary of State shall, as 

appropriate, establish procedures specifying the steps to be taken 

in carrying out this subsection and shall terminate assistance to 
1499

any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity.

(c) PROHIBITION.—

(1) RECOGNITION OF ACTS OF TERRORISM.—None of the funds 

appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made 

available for the purpose of recognizing or otherwise honoring 

individuals who commit, or have committed acts of terrorism. 

(2) SECURITY ASSISTANCE AND REPORTING REQUIREMENT.—

Notwithstanding any other provision of law, none of the funds 

made available by this or prior appropriations Acts, including 

funds made available by transfer, may be made available for 

obligation for security assistance for the West Bank and Gaza 

until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for 

security assistance for the West Bank and Gaza and reports on 

the extent of Palestinian compliance with such benchmarks. 

(d) AUDITS BY THE UNITED STATES AGENCY FOR INTERNATIONAL

DEVELOPMENT.—

(1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal 

audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza 

Program, are conducted at least on an annual basis to ensure, 

among other things, compliance with this section. 

(2) Of the funds appropriated by this Act up to $500,000 may 

be used by the Office of Inspector General of the United States 

Agency for International Development for audits, inspections, 

and other activities in furtherance of the requirements of this 

subsection: Provided, That such funds are in addition to funds 

otherwise available for such purposes. 

(e) COMPTROLLER GENERAL OF THE UNITED STATES AUDIT.—Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an 

investigation of the treatment, handling, and uses of all funds for 

the bilateral West Bank and Gaza Program, including all funds 

provided as cash transfer assistance, in fiscal year 2017 under the 

heading ‘‘Economic Support Fund’’, and such audit shall address— 

(1) the extent to which such Program complies with the requirements of subsections (b) and (c); and 

(2) an examination of all programs, projects, and activities 

carried out under such Program, including both obligations and 

expenditures.

(f) NOTIFICATION PROCEDURES.—Funds made available in this 

Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. 

(g) REPORT.—Not later than 180 days after enactment of this Act, 

the Secretary of State shall submit a report to the Committees on 

Appropriations updating the report contained in section 2106 of 

chapter 2 of title II of the Emergency Supplemental Appropriations 

Act for Defense, the Global War on Terror, and Tsunami Relief, 

2005 (Public Law 109–13). 
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LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY

SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part 

II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority.

(b) WAIVER.—The prohibition included in subsection (a) shall not 

apply if the President certifies in writing to the Speaker of the 

House of Representatives, the President pro tempore of the Senate, 

and the Committees on Appropriations that waiving such prohibition is important to the national security interest of the United 

States.

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant to 

subsection (b) shall be effective for no more than a period of 6 

months at a time and shall not apply beyond 12 months after the 

enactment of this Act. 

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the 

Committees on Appropriations detailing the justification for the 

waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly 

disbursed: Provided, That the report shall also detail the steps the 

Palestinian Authority has taken to arrest terrorists, confiscate 

weapons and dismantle the terrorist infrastructure. 

(e) CERTIFICATION.—If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Appropriations prior to the obligation of 

funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing 

mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and 

payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed 

at promoting peace, coexistence, and security cooperation with 

Israel.

(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION ORGANIZATION.—

(1) None of the funds appropriated in titles III through VI 

of this Act may be obligated for salaries of personnel of the 

Palestinian Authority located in Gaza or may be obligated or 

expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which 

Hamas is a member, or that results from an agreement with 

Hamas and over which Hamas exercises undue influence. 

(2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only if 

the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) 

and (B) of the Foreign Assistance Act of 1961, as amended. 
1501

(3) The President may exercise the authority in section 

620K(e) of the Foreign Assistance Act of 1961, as added by the 

Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446) 

with respect to this subsection. 

(4) Whenever the certification pursuant to paragraph (2) is 

exercised, the Secretary of State shall submit a report to the 

Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 

620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, 

as amended: Provided, That the report shall also detail the 

amount, purposes and delivery mechanisms for any assistance 

provided pursuant to the abovementioned certification and a 

full accounting of any direct support of such government. 

(5) None of the funds appropriated under titles III through 

VI of this Act may be obligated for assistance for the Palestine 

Liberation Organization. 

MIDDLE EAST AND NORTH AFRICA

SEC. 7041. (a) EGYPT.— (1) CERTIFICATION AND REPORT.—Funds appropriated by this 

Act that are available for assistance for Egypt may be made 

available notwithstanding any other provision of law restricting assistance for Egypt, except for this subsection and section 

620M of the Foreign Assistance Act of 1961, and may only be 

made available for assistance for the Government of Egypt if 

the Secretary of State certifies and reports to the Committees 

on Appropriations that such government is— 

(A) sustaining the strategic relationship with the United 

States; and 

(B) meeting its obligations under the 1979 Egypt-Israel 

Peace Treaty. 

(2) ECONOMIC SUPPORT FUND.— (A) FUNDING.—Of the funds appropriated by this Act 

under the heading ‘‘Economic Support Fund’’, up to 

$112,500,000 may be made available for assistance for 

Egypt, of which not less than $35,000,000 should be made 

available for higher education programs including not less 

than $10,000,000 for scholarships for Egyptian students 

with high financial need to attend not-for-profit institutions of higher education: Provided, That such funds may 

be made available for democracy programs and for development programs in the Sinai: Provided further, That such 

funds may not be made available for cash transfer assistance or budget support unless the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Egypt is taking consistent 

and effective steps to stabilize the economy and implement 

market-based economic reforms. 

(B) WITHHOLDING.—The Secretary of State shall withhold from obligation funds appropriated by this Act under 

the heading ‘‘Economic Support Fund’’ for assistance for 

Egypt, an amount of such funds that the Secretary deter-
1502

mines to be equivalent to that expended by the United 

States Government for bail, and by nongovernmental organizations for legal and court fees, associated with democracy-related trials in Egypt until the Secretary certifies 

and reports to the Committees on Appropriations that the 

Government of Egypt has dismissed the convictions issued 

by the Cairo Criminal Court on June 4, 2013, in ‘‘Public 

Prosecution Case No. 1110 for the Year 2012’’. 

(3) FOREIGN MILITARY FINANCING PROGRAM.—

(A) CERTIFICATION.—Of the funds appropriated by this 

Act under the heading ‘‘Foreign Military Financing Program’’, $1,300,000,000, to remain available until September 30, 2018, may be made available for assistance for 

Egypt: Provided, That 15 percent of such funds shall be 

withheld from obligation until the Secretary of State certifies and reports to the Committees on Appropriations 

that the Government of Egypt is taking effective steps to— 

(i) advance democracy and human rights in Egypt, 

including to govern democratically and protect religious minorities and the rights of women, which are in 

addition to steps taken during the previous calendar 

year for such purposes; 

(ii) implement reforms that protect freedoms of expression, association, and peaceful assembly, including 

the ability of civil society organizations and the media 

to function without interference; 

(iii) release political prisoners and provide detainees 

with due process of law; 

(iv) hold Egyptian security forces accountable, including officers credibly alleged to have violated 

human rights; and 

(v) provide regular access for United States officials 

to monitor such assistance in areas where the assistance is used: 

Provided further, That such funds may be transferred to 

an interest bearing account in the Federal Reserve Bank 

of New York, following consultation with the Committees 

on Appropriations: Provided further, That the certification 

requirement of this paragraph shall not apply to funds appropriated by this Act under such heading for counterterrorism, border security, and nonproliferation programs for 

Egypt.

(B) WAIVER.—The Secretary of State may waive the certification requirement in subparagraph (A) if the Secretary 

determines and reports to the Committees on Appropriations that to do so is important to the national security interest of the United States, and submits a report to such 

Committees containing a detailed justification for the use 

of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met. 

(4) OVERSIGHT AND CONSULTATION REQUIREMENTS.—

(A) The Secretary of State shall take all practicable 

steps to ensure that mechanisms are in place for moni-
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toring, oversight, and control of funds made available by 

this subsection for assistance for Egypt. 

(B) Not later than 90 days after enactment of this Act, 

the Secretary shall submit a report to the Committees on 

Appropriations on any plan to restructure military assistance for Egypt, which should include an assessment of the 

potential benefits of such restructuring on the capabilities 

of the Egyptian military, and a description of any planned 

modifications regarding the procurement of military equipment.

(b) IRAN.—

(1) FUNDING.—Funds appropriated by this Act under the 

headings ‘‘Diplomatic and Consular Programs’’, ‘‘Economic Support Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 

and Related Programs’’ shall be used by the Secretary of 

State—

(A) to support the United States policy to prevent Iran 

from achieving the capability to produce or otherwise obtain a nuclear weapon; 

(B) to support an expeditious response to any violation 

of the Joint Comprehensive Plan of Action or United Nations Security Council Resolution 2231; 

(C) to support the implementation and enforcement of 

sanctions against Iran for support of terrorism, human 

rights abuses, and ballistic missile and weapons proliferation; and 

(D) for democracy programs for Iran, to be administered 

by the Assistant Secretary for Near Eastern Affairs, Department of State, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. 

(2) CONTINUATION OF PROHIBITION.—The terms and conditions of paragraph (2) of section 7041(c) in division I of Public 

Law 112–74 shall continue in effect during fiscal year 2017. 

(3) REPORTS.—

(A) The Secretary of State shall submit to the Committees on Appropriations the semi-annual report required by 

section 2 of the Iran Nuclear Agreement Review Act of 

2015 (42 U.S.C. 2160e(d)(4)). 

(B) Not later than 180 days after the date of enactment 

of this Act, the Secretary of State, in consultation with the 

Secretary of the Treasury, shall submit to the appropriate 

congressional committees a report on the status of the implementation and enforcement of bilateral United States 

and multilateral sanctions against Iran and actions taken 

by the United States and the international community to 

enforce such sanctions against Iran: Provided, That the report shall also include any entities involved in providing 

significant support for the development of a ballistic missile by the Government of Iran after October 1, 2015, including shipping and financing, and note whether such entities are currently under United States sanctions: Provided further, That such report shall be submitted in an 
1504

unclassified form, but may contain a classified annex if 

necessary.

(C) The Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate 

congressional committees the report on Iran contained in 

section 7041(b)(3)(C) of S. 3117, the Department of State, 

Foreign Operations, and Related Programs Appropriations 

Act, 2017 (as introduced in the Senate on June 29, 2016), 

in the manner described. 

(c) IRAQ.— (1) PURPOSES.—Funds appropriated by this Act shall be 

made available for assistance for Iraq to promote governance, 

security, and internal and regional stability, including in the 

Kurdistan Region of Iraq and other areas impacted by the conflict in Syria, and among religious and ethnic minority populations in Iraq. 

(2) EXPLOSIVE ORDNANCE DISPOSAL PROGRAMS.—Funds appropriated by this Act under the heading ‘‘Nonproliferation, 

Anti-terrorism, Demining and Related Programs’’ shall be 

made available for explosive ordnance disposal programs in 

areas liberated from extremist organizations in Iraq. 

(3) KURDISTAN REGIONAL GOVERNMENT.— (A) Funds appropriated by this Act under the headings 

‘‘International Narcotics Control and Law Enforcement’’ 

and ‘‘Foreign Military Financing Program’’ that are available for assistance for Iraq shall be made available to enhance the capacity of Kurdistan Regional Government security services and for security programs in the Kurdistan 

Region of Iraq to address requirements arising from the violence in Syria and Iraq: Provided, That the Secretary of 

State shall consult with the Committees on Appropriations 

prior to obligating such funds. 

(B) Funds appropriated by this Act under the headings 

‘‘International Disaster Assistance’’ and ‘‘Migration and 

Refugee Assistance’’ should be made available for assistance for the Kurdistan Region of Iraq to address the needs 

of internally displaced persons (IDPs) and refugees: Provided, That funds appropriated by this Act under the 

heading ‘‘Economic Support Fund’’ shall be made available 

for programs to mitigate the impact of such IDPs and refugees in such Region, including for assistance for communities hosting such persons. 

(4) BASING RIGHTS AGREEMENT.—None of the funds appropriated or otherwise made available by this Act may be used 

by the Government of the United States to enter into a permanent basing rights agreement between the United States and 

Iraq.

(d) ISRAEL.—Title II of the Security Assistance Appropriations 

Act, 2017 (division B of Public Law 114–254), under the heading 

‘‘Foreign Military Financing Program’’, is amended by inserting 

after ‘‘Middle East’’ and before the colon the following, ‘‘, of which 

$75,000,000 shall be made available for grants only for Israel in fiscal year 2017’’: Provided, That amounts that were previously designated by the Congress for Overseas Contingency Operations/ 
1505

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985 are 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

such Act. 

(e) JORDAN.—

(1) FUNDING LEVELS.—Of the funds appropriated by this Act under titles III and IV, not less than $1,279,950,000 shall be 

made available for assistance for Jordan, of which not less 

than $475,000,000 shall be for budget support for the Government of Jordan. 

(2) RESPONSE TO THE SYRIAN CRISIS.—Funds appropriated by 

this Act shall be made available for programs to implement the 

Jordan Compact Action Plan and the Jordan Response Plan for 

the Syria Crisis 2016–2018, including assistance for host communities in Jordan. 

(f) LEBANON.— (1) LIMITATION.—None of the funds appropriated by this Act 

may be made available for the Lebanese Internal Security 

Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF 

or the LAF is controlled by a foreign terrorist organization, as 

designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). 

(2) CONSULTATION REQUIREMENT.—Funds appropriated by 

this Act under the headings ‘‘International Narcotics Control 

and Law Enforcement’’ and ‘‘Foreign Military Financing Program’’ that are available for assistance for Lebanon may be 

made available for programs and equipment for the ISF and 

the LAF to address security and stability requirements in 

areas affected by the conflict in Syria, following consultation 

with the appropriate congressional committees. 

(3) ECONOMIC SUPPORT FUND.—Funds appropriated by this 

Act under the heading ‘‘Economic Support Fund’’ that are 

available for assistance for Lebanon may be made available 

notwithstanding section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 

2346 note). 

(4) FOREIGN MILITARY FINANCING PROGRAM.—In addition to 

the activities described in paragraph (2), funds appropriated by 

this Act under the heading ‘‘Foreign Military Financing Program’’ for assistance for Lebanon may be made available only 

to professionalize the LAF and to strengthen border security 

and combat terrorism, including training and equipping the 

LAF to secure Lebanon’s borders, interdicting arms shipments, 

preventing the use of Lebanon as a safe haven for terrorist 

groups, and to implement United Nations Security Council 

Resolution 1701: Provided, That funds may not be obligated for 

assistance for the LAF until the Secretary of State submits to 

the Committees on Appropriations a spend plan, including actions to be taken to ensure equipment provided to the LAF is 

only used for the intended purposes, except such plan may not 

be considered as meeting the notification requirements under 

section 7015 of this Act or under section 634A of the Foreign 

Assistance Act of 1961, and shall be submitted not later than 
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September 1, 2017: Provided further, That any notification submitted pursuant to such sections shall include any funds specifically intended for lethal military equipment. 

(g) LIBYA.— (1) FUNDING.— (A) Funds appropriated by titles III and IV of this Act 

shall be made available for assistance for Libya for programs to strengthen governing institutions and civil society, improve border security, and promote democracy and 

stability in Libya, and for activities to address the humanitarian needs of the people of Libya. 

(B) Funds appropriated by this Act under the heading 

‘‘Nonproliferation, Anti-terrorism, Demining and Related 

Programs’’ shall be made available for explosive ordnance 

disposal programs in areas liberated from extremist organizations in Libya. 

(C) The Secretary of State shall promptly inform the appropriate congressional committees of each instance in 

which assistance provided pursuant to this subsection has 

been diverted or destroyed, to include the type and amount 

of assistance, a description of the incident and parties involved, and an explanation of the response of the Department of State. 

(2) LIMITATIONS.— (A) COOPERATION ON THE SEPTEMBER 2012 ATTACK ON

UNITED STATES PERSONNEL AND FACILITIES.—None of the 

funds appropriated by this Act may be made available for 

assistance for the central Government of Libya unless the 

Secretary of State certifies and reports to the Committees 

on Appropriations that such government is cooperating 

with United States Government efforts to investigate and 

bring to justice those responsible for the attack on United 

States personnel and facilities in Benghazi, Libya in September 2012: Provided, That the limitation in this paragraph shall not apply to funds made available for the purpose of protecting United States Government personnel or 

facilities.

(B) INFRASTRUCTURE PROJECTS.—The limitation on the 

uses of funds in section 7041(f)(2) of the Department of 

State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76) shall 

apply to funds appropriated by this Act that are made 

available for assistance for Libya. 

(3) CERTIFICATION REQUIREMENT.—Prior to the initial obligation of funds made available by this Act for assistance for 

Libya, the Secretary of State shall certify and report to the 

Committees on Appropriations that all practicable steps have 

been taken to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this 

subsection for assistance for Libya. 

(h) MOROCCO.—

(1) AVAILABILITY AND CONSULTATION REQUIREMENT.—Funds

appropriated under title III of this Act shall be made available 

for assistance for the Western Sahara: Provided, That not later 
1507

than 90 days after enactment of this Act and prior to the obligation of such funds, the Secretary of State, in consultation 

with the USAID Administrator, shall consult with the Committees on Appropriations on the proposed uses of such funds. 

(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ that are available for assistance for Morocco 

may only be used for the purposes requested in the Congressional Budget Justification, Foreign Operations, Fiscal Year 

2017.

(i) REFUGEE ASSISTANCE IN NORTH AFRICA.—Not later than 45 

days after enactment of this Act, the Secretary of State, after consultation with the United Nations High Commissioner for Refugees 

and the Executive Director of the World Food Programme, shall 

submit a report to the Committees on Appropriations describing 

steps taken to strengthen monitoring of the delivery of humanitarian assistance provided for refugees in North Africa, including 

any steps taken to ensure that all vulnerable refugees are receiving 

such assistance. 

(j) SYRIA.— (1) NON-LETHAL ASSISTANCE.—Funds appropriated by this 

Act under the headings ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, and ‘‘Peacekeeping Operations’’ shall be made available, to the extent 

practicable and notwithstanding any other provision of law, for 

non-lethal assistance for programs to address the needs of civilians affected by conflict in Syria, and for programs that seek 

to—

(A) establish governance in Syria that is representative, 

inclusive, and accountable; 

(B) empower women through political and economic programs, and address the psychosocial needs of women and 

their families in Syria and neighboring countries; 

(C) develop and implement political processes that are 

democratic, transparent, and strengthen the rule of law; 

(D) further the legitimacy and viability of the Syrian opposition through cross-border programs; 

(E) develop and sustain civil society and independent 

media in Syria; 

(F) promote stability and economic development in Syria; 

(G) document, investigate, and prosecute human rights 

violations in Syria, including through transitional justice 

programs and support for nongovernmental organizations; 

(H) expand the role of women in negotiations to end the 

violence and in any political transition in Syria; 

(I) assist Syrian refugees whose education has been interrupted by the ongoing conflict to complete higher education requirements at universities and other academic institutions in the region, and through distance learning; 

(J) assist vulnerable populations in Syria and in neighboring countries; 

(K) protect and preserve the cultural identity of the people of Syria as a counterbalance to extremism, particularly 

those living in neighboring countries and among youth; 
1508

(L) protect and preserve cultural heritage sites in Syria, 

particularly those damaged and destroyed by extremists; 

and

(M) counter extremism in Syria. 

(2) EXPLOSIVE ORDNANCE DISPOSAL PROGRAMS.—Funds appropriated by this Act under the heading ‘‘Nonproliferation, 

Anti-terrorism, Demining and Related Programs’’ shall be 

made available for explosive ordnance disposal programs in 

areas liberated from extremist organizations in Syria. 

(3) SYRIAN ORGANIZATIONS.—Funds appropriated by this Act 

that are made available for assistance for Syria pursuant to 

the authority of this subsection shall be made available, on an 

open and competitive basis, to continue a program to strengthen the capability of Syrian civil society organizations to address the immediate and long-term needs of the Syrian people 

inside Syria in a manner that supports the sustainability of 

such organizations in implementing Syrian-led humanitarian 

and development programs and the comprehensive strategy required in section 7041(i)(3) of the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2014 

(division K of Public Law 113–76): Provided, That funds made 

available by this paragraph shall be the responsibility of the 

Assistant Secretary for Democracy, Human Rights, and Labor, 

Department of State. 

(4) STRATEGY UPDATE.—Funds appropriated by this Act that 

are made available for assistance for Syria pursuant to the authority of this subsection may only be made available after the 

Secretary of State, in consultation with the heads of relevant 

United States Government agencies, submits, in classified form 

if necessary, an update to the comprehensive strategy required 

in section 7041(i)(3) of Public Law 113–76. 

(5) MONITORING AND OVERSIGHT.—Prior to the obligation of 

funds appropriated by this Act and made available for assistance for Syria, the Secretary of State shall take all practicable 

steps to ensure that mechanisms are in place for monitoring, 

oversight, and control of such assistance inside Syria: Provided, That the Secretary shall promptly inform the appropriate congressional committees of each instance in which assistance provided pursuant to this subsection has been diverted or destroyed, to include the type and amount of assistance, a description of the incident and parties involved, and an 

explanation of the response of the Department of State. 

(6) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to this subsection may only be made available 

following consultation with the appropriate congressional committees, and shall be subject to the regular notification procedures of the Committees on Appropriations. 

(k) TUNISIA.—Of the funds appropriated under titles III and IV 

of this Act, not less than $165,400,000 shall be made available for 

assistance for Tunisia. 

(l) WEST BANK AND GAZA.—

(1) REPORT ON ASSISTANCE.—Prior to the initial obligation of 

funds made available by this Act under the heading ‘‘Economic 

Support Fund’’ for assistance for the West Bank and Gaza, the 
1509

Secretary of State shall report to the Committees on Appropriations that the purpose of such assistance is to— 

(A) advance Middle East peace; 

(B) improve security in the region; 

(C) continue support for transparent and accountable 

government institutions; 

(D) promote a private sector economy; or 

(E) address urgent humanitarian needs. 

(2) LIMITATIONS.—

(A)(i) None of the funds appropriated under the heading 

‘‘Economic Support Fund’’ in this Act may be made available for assistance for the Palestinian Authority, if after 

the date of enactment of this Act— 

(I) the Palestinians obtain the same standing as 

member states or full membership as a state in the 

United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the 

Palestinians; or 

(II) the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or 

actively support such an investigation, that subjects 

Israeli nationals to an investigation for alleged crimes 

against Palestinians. 

(ii) The Secretary of State may waive the restriction in 

clause (i) of this subparagraph resulting from the application of subclause (I) of such clause if the Secretary certifies 

to the Committees on Appropriations that to do so is in the 

national security interest of the United States, and submits a report to such Committees detailing how the waiver 

and the continuation of assistance would assist in furthering Middle East peace. 

(B)(i) The President may waive the provisions of section 

1003 of the Foreign Relations Authorization Act, Fiscal 

Years 1988 and 1989 (Public Law 100–204) if the President determines and certifies in writing to the Speaker of 

the House of Representatives, the President pro tempore of 

the Senate, and the appropriate congressional committees 

that the Palestinians have not, after the date of enactment 

of this Act— 

(I) obtained in the United Nations or any specialized 

agency thereof the same standing as member states or 

full membership as a state outside an agreement negotiated between Israel and the Palestinians; and 

(II) taken any action with respect to the ICC that is 

intended to influence a determination by the ICC to 

initiate a judicially authorized investigation, or to actively support such an investigation, that subjects 

Israeli nationals to an investigation for alleged crimes 

against Palestinians. 

(ii) Not less than 90 days after the President is unable 

to make the certification pursuant to clause (i) of this subparagraph, the President may waive section 1003 of Public 

Law 100–204 if the President determines and certifies in 

writing to the Speaker of the House of Representatives, 
1510

the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have entered 

into direct and meaningful negotiations with Israel: Provided, That any waiver of the provisions of section 1003 of 

Public Law 100–204 under clause (i) of this subparagraph 

or under previous provisions of law must expire before the 

waiver under the preceding sentence may be exercised. 

(iii) Any waiver pursuant to this subparagraph shall be 

effective for no more than a period of 6 months at a time 

and shall not apply beyond 12 months after the enactment 

of this Act. 

(3) REDUCTION.—The Secretary of State shall reduce the 

amount of assistance made available by this Act under the 

heading ‘‘Economic Support Fund’’ for the Palestinian Authority by an amount the Secretary determines is equivalent to the 

amount expended by the Palestinian Authority, the Palestine 

Liberation Organization, and any successor or affiliated organizations with such entities as payments for acts of terrorism by 

individuals who are imprisoned after being fairly tried and 

convicted for acts of terrorism and by individuals who died 

committing acts of terrorism during the previous calendar 

year: Provided, That the Secretary shall report to the Committees on Appropriations on the amount reduced for fiscal year 

2017 prior to the obligation of funds for the Palestinian Authority.

(4) SECURITY REPORT.—The reporting requirements contained in section 1404 of the Supplemental Appropriations Act, 

2008 (Public Law 110–252) shall apply to funds made available 

by this Act, including a description of modifications, if any, to 

the security strategy of the Palestinian Authority. 

(5) INCITEMENT REPORT.—Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report 

to the Committees on Appropriations detailing steps taken by 

the Palestinian Authority to counter incitement of violence 

against Israelis and to promote peace and coexistence with 

Israel.

AFRICA

SEC. 7042. (a) AFRICAN GREAT LAKES REGION ASSISTANCE RE- STRICTION.—Funds appropriated by this Act under the heading 

‘‘International Military Education and Training’’ for the central 

government of a country in the African Great Lakes region may be 

made available only for Expanded International Military Education 

and Training and professional military education until the Secretary of State determines and reports to the Committees on Appropriations that such government is not facilitating or otherwise 

participating in destabilizing activities in a neighboring country, 

including aiding and abetting armed groups. 

(b) BOKO HARAM.—Funds appropriated by this Act that are made 

available for assistance for Cameroon, Chad, Niger, and Nigeria— 

(1) shall be made available for assistance for women and 

girls who are targeted by the terrorist organization Boko 

Haram, consistent with the provisions of section 7059 of this 

Act, and for individuals displaced by Boko Haram violence; and 
1511

(2) may be made available for counterterrorism programs to 

combat Boko Haram. 

(c) CENTRAL AFRICAN REPUBLIC.—Funds made available by this 

Act for assistance for the Central African Republic shall be made 

available for reconciliation and peacebuilding programs, including 

activities to promote inter-faith dialogue at the national and local 

levels, and for programs to prevent crimes against humanity. 

(d) ETHIOPIA.— (1) FORCED EVICTIONS.—

(A) Funds appropriated by this Act for assistance for 

Ethiopia may not be made available for any activity that 

supports forced evictions. 

(B) The Secretary of the Treasury should instruct the 

United States executive director of each international financial institution to use the voice and vote of the United 

States to support projects in Ethiopia only if such projects 

are developed and carried out in accordance with the requirements of section 7029(b)(2) of this Act. 

(2) CONSULTATION REQUIREMENT.—Programs and activities 

to improve livelihoods shall include prior consultation with, 

and the participation of, affected communities, including in the 

South Omo and Gambella regions. 

(3) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ for assistance for Ethiopia may only be 

made available for border security and counterterrorism programs, support for international peacekeeping efforts, and assistance for professional military education. 

(e) LAKE CHAD BASIN COUNTRIES.—Funds appropriated by this 

Act for democracy and other development programs for Cameroon, 

Chad, Niger, and Nigeria should be made available, following consultation with the Committees on Appropriations, to protect freedoms of expression, association and religion, including support for 

journalists, civil society, and opposition political parties, and should 

be used to assist the governments of such countries to strengthen 

accountability and the rule of law, including within the security 

forces.

(f) LORD’S RESISTANCE ARMY.—Funds appropriated by this Act 

shall be made available for programs and activities in areas affected by the Lord’s Resistance Army (LRA) consistent with the 

goals of the Lord’s Resistance Army Disarmament and Northern 

Uganda Recovery Act (Public Law 111–172), including to improve 

physical access, telecommunications infrastructure, and earlywarning mechanisms and to support the disarmament, demobilization, and reintegration of former LRA combatants, especially child 

soldiers.

(g) MALAWI.—Of the funds appropriated by this Act under the 

heading ‘‘Development Assistance’’, not less than $56,000,000 shall 

be made available for assistance for Malawi, of which up to 

$10,000,000 shall be made available for higher education programs. 

(h) POWER AFRICA INITIATIVE.—Funds appropriated by this Act 

that are made available for the Power Africa initiative shall be subject to the regular notification procedures of the Committees on Appropriations.
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(i) SOUTH SUDAN.— (1) STRATEGY REQUIREMENT.—Not later than 45 days after 

enactment of this Act and prior to the initial obligation of 

funds made available by this Act for assistance for the central 

Government of South Sudan, the Secretary of State, in consultation with the USAID Administrator, shall submit to the 

appropriate congressional committees a United States diplomatic and assistance strategy for South Sudan, consistent with 

the requirements under this section in the explanatory statement described in section 4 (in the matter preceding division 

A of this Consolidated Act): Provided, That such strategy shall 

include a description of how the cessation of hostilities and the 

delivery of humanitarian assistance and essential services will 

be prioritized: Provided further, That the Secretary of State 

shall consult with such committees prior to submitting such 

strategy.

(2) CERTIFICATION.—None of the funds appropriated by this 

Act that are available for assistance for the central Government of South Sudan may be made available until the Secretary of State certifies and reports to the Committees on Appropriations that such government is taking effective steps 

to—

(A) end hostilities and pursue good faith negotiations for 

a political settlement of the conflict; 

(B) provide access for humanitarian organizations; 

(C) end the recruitment and use of child soldiers; 

(D) protect freedoms of expression, association, and assembly;

(E) reduce corruption related to the extraction and sale 

of oil and gas; 

(F) establish democratic institutions; 

(G) establish accountable military and police forces 

under civilian authority; and 

(H) investigate and prosecute individuals credibly alleged to have committed gross violations of human rights, 

including at the Terrain compound in Juba, South Sudan 

on July 11, 2016. 

(3) EXCLUSIONS.—The limitation of paragraph (2) shall not 

apply to— 

(A) humanitarian assistance; 

(B) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and 

(C) assistance to support implementation of outstanding 

issues of the Comprehensive Peace Agreement and mutual 

arrangements related to such Agreement. 

(4) CONSULTATION.—Prior to the initial obligation of funds 

made available for the central Government of South Sudan 

pursuant to paragraphs (3)(B) and (C), the Secretary of State 

shall consult with the Committees on Appropriations on the intended uses of such funds, steps taken by such government to 

advance or implement a peace agreement, and progress made 

by the Government of South Sudan in meeting the requirements in paragraph (2). 

(j) SUDAN.—
1513

(1) LIMITATION.—Notwithstanding any other provision of 

law, none of the funds appropriated by this Act may be made 

available for assistance for the Government of Sudan. 

(2) LIMITATION ON LOANS.—None of the funds appropriated 

by this Act may be made available for the cost, as defined in 

section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of 

Sudan, including the cost of selling, reducing, or canceling 

amounts owed to the United States, and modifying 

concessional loans, guarantees, and credit agreements. 

(3) EXCLUSIONS.—The limitations of paragraphs (1) and (2) 

shall not apply to— 

(A) humanitarian assistance; 

(B) assistance for democracy programs; 

(C) assistance for the Darfur region, Southern Kordofan 

State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and 

(D) assistance to support implementation of outstanding 

issues of the Comprehensive Peace Agreement, mutual arrangements related to post-referendum issues associated 

with such Agreement, or any other internationally recognized viable peace agreement in Sudan. 

(k) ZIMBABWE.—

(1) INSTRUCTION.—The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by 

the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to 

promote democracy, unless the Secretary of State certifies and 

reports to the Committees on Appropriations that the rule of 

law has been restored, including respect for ownership and 

title to property, and freedoms of expression, association, and 

assembly.

(2) LIMITATIONS.—None of the funds appropriated by this Act 

shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the 

Secretary of State certifies and reports as required in paragraph (1), and funds may be made available for macroeconomic 

growth assistance if the Secretary reports to the Committees 

on Appropriations that such government is implementing 

transparent fiscal policies, including public disclosure of revenues from the extraction of natural resources. 

EAST ASIA AND THE PACIFIC

SEC. 7043. (a) ASIA REBALANCING INITIATIVE.—Except for paragraphs (1)(C), (4), (5)(B) and (C), and 6(B), section 7043(a) of the 

Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2015 (division J of Public Law 113–235) shall 

continue in effect during fiscal year 2017: Provided, That section 

7043(a)(8) of such Act shall be applied to funds appropriated by 

this Act by adding ‘‘East Asia,’’ before ‘‘Southeast Asia’’. 

(b) BURMA.—

(1) BILATERAL ECONOMIC ASSISTANCE.—
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(A) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ for assistance for Burma may be 

made available notwithstanding any other provision of 

law, except for this subsection, and following consultation 

with the appropriate congressional committees. 

(B) Funds appropriated under title III of this Act for assistance for Burma— 

(i) shall be made available to strengthen civil society 

organizations in Burma and for programs to strengthen independent media; 

(ii) shall be made available for community-based organizations operating in Thailand to provide food, 

medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition 

to assistance for Burmese refugees from funds appropriated by this Act under the heading ‘‘Migration and 

Refugee Assistance’’; 

(iii) shall be made available for programs to promote 

ethnic and religious tolerance, including in Rakhine 

and Kachin states; 

(iv) shall be made available to promote rural economic development in Burma, including through 

microfinance and sustainable power generation programs;

(v) shall be made available to increase opportunities 

for foreign direct investment by strengthening the rule 

of law, transparency, and accountability; 

(vi) may not be made available to any individual or 

organization if the Secretary of State has credible information that such individual or organization has 

committed a gross violation of human rights, including 

against Rohingya and other minority groups, or that 

advocates violence against ethnic or religious groups 

and individuals in Burma; 

(vii) may not be made available to any organization 

or entity controlled by the military of Burma; and 

(viii) may be made available for programs administered by the Office of Transition Initiatives, United 

States Agency for International Development, for ethnic groups and civil society in Burma to help sustain 

ceasefire agreements and further prospects for reconciliation and peace, which may include support to 

representatives of ethnic armed groups for this purpose.

(2) INTERNATIONAL SECURITY ASSISTANCE.—None of the funds 

appropriated by this Act under the headings ‘‘International 

Military Education and Training’’ and ‘‘Foreign Military Financing Program’’ may be made available for assistance for 

Burma: Provided, That the Department of State may continue 

consultations with the armed forces of Burma only on human 

rights and disaster response in a manner consistent with the 

prior fiscal year, and following consultation with the appropriate congressional committees. 
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(3) MULTILATERAL ASSISTANCE.—The Secretary of the Treasury should instruct the United States executive director of 

each international financial institution to use the voice and 

vote of the United States to support projects in Burma only if 

such projects are developed and carried out in accordance with 

the requirements of section 7029(b)(2) of this Act. 

(4) PROGRAMS, POSITION, AND RESPONSIBILITIES.— (A) Any new program or activity in Burma initiated in 

fiscal year 2017 shall be subject to prior consultation with 

the appropriate congressional committees. 

(B) Section 7043(b)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations 

Act, 2015 (division J of Public Law 113–235) shall continue 

in effect during fiscal year 2017. 

(C) The United States Chief of Mission in Burma, in consultation with the Assistant Secretary for Democracy, 

Human Rights, and Labor, Department of State, shall be 

responsible for democracy and human rights programs in 

Burma.

(c) CAMBODIA.— (1) HUMAN RIGHTS CONDITIONS.—Of the funds appropriated 

in title IV of this Act that are made available for assistance for 

the central Government of Cambodia, 25 percent shall be withheld from obligation until the Secretary of State certifies and 

reports to the Committees on Appropriations that such government—

(A) is taking effective steps to strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea; 

(B) has ceased efforts to intimidate civil society and the 

political opposition in Cambodia, is credibly investigating 

the murder of social and political activists, and is taking 

actions to address the concerns detailed in the September 

14, 2016 United Nations Human Rights Situation in Cambodia—Joint Statement; and 

(C) is establishing conditions for the holding of free and 

fair elections in Cambodia in 2017 and 2018 through a 

non-partisan election commission; fair election processes; 

credible post-election dispute resolution mechanisms; open 

and inclusive participation, to include the return of exiled 

former opposition leaders; and respect for freedoms of assembly and speech. 

(2) KHMER ROUGE TRIBUNAL.—Of the funds appropriated by 

this Act that are made available for assistance for Cambodia 

under the heading ‘‘Economic Support Fund’’, not more than 

$1,500,000 may be made available for a contribution to the Extraordinary Chambers in the Court of Cambodia (ECCC): Provided, That such funds may only be made available if the Secretary of State certifies and reports to the Committees on Appropriations that such contribution is in the national interest 

of the United States and will support the prosecution and punishment of individuals responsible for genocide in Cambodia in 

a credible manner: Provided further, That if the Secretary of 

State is unable to make the certification required by the pre-
1516

vious proviso, such funds shall be made available for research 

and education programs associated with the Khmer Rouge 

genocide in Cambodia, which are in addition to funds otherwise made available under paragraph (3): Provided further, That such funds shall be subject to prior consultation with, and 

the regular notification procedures of, such Committees: Provided further, That the Secretary of State shall seek reimbursements from the Principal Donors Group for the Documentation Center of Cambodia for costs incurred in support of 

the ECCC. 

(3) RESEARCH AND EDUCATION.—Funds made available by 

this Act for democracy programs in Cambodia shall be made 

available for research and education programs associated with 

the Khmer Rouge genocide in Cambodia. 

(d) NORTH KOREA.— (1) BROADCASTS.—Funds appropriated by this Act under the 

heading ‘‘International Broadcasting Operations’’ shall be made 

available to maintain broadcasting hours into North Korea at 

levels not less than the prior fiscal year. 

(2) REFUGEES.—Funds appropriated by this Act under the 

heading ‘‘Migration and Refugee Assistance’’ should be made 

available for assistance for refugees from North Korea, including protection activities in the People’s Republic of China and 

other countries in Asia. 

(3) DATABASE AND REPORT.—Funds appropriated by this Act 

under title III shall be made available to maintain a database 

of prisons and gulags in North Korea, in accordance with section 7032(i) of the Department of State, Foreign Operations, 

and Related Programs Appropriations Act, 2014 (division K of 

Public Law 113–76). 

(4) LIMITATION ON USE OF FUNDS.—None of the funds made 

available by this Act under the heading ‘‘Economic Support 

Fund’’ may be made available for assistance for the Government of North Korea. 

(e) PEOPLE’S REPUBLIC OF CHINA.—

(1) LIMITATION ON USE OF FUNDS.—None of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’ in this Act may be obligated or expended for processing 

licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the 

People’s Republic of China (PRC) unless, at least 15 days in 

advance, the Committees on Appropriations are notified of 

such proposed action. 

(2) PEOPLE’S LIBERATION ARMY.—The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 

shall apply to foreign assistance projects or activities of the 

People’s Liberation Army (PLA) of the PRC, to include such 

projects or activities by any entity that is owned or controlled 

by, or an affiliate of, the PLA: Provided, That none of the funds 

appropriated or otherwise made available pursuant to this Act 

may be used to finance any grant, contract, or cooperative 

agreement with the PLA, or any entity that the Secretary of 

State has reason to believe is owned or controlled by, or an affiliate of, the PLA. 
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(3) COUNTER INFLUENCE PROGRAMS.—Funds appropriated by 

this Act for public diplomacy under title I and for assistance 

under titles III and IV shall be made available to counter the 

influence of the PRC, in accordance with the strategy required 

by section 7043(e)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76), following consultation with the 

Committees on Appropriations. 

(4) AUTHORITY AND NOTIFICATION REQUIREMENT.—

(A) The uses of funds made available by this Act for the 

promotion of democracy in the PRC, except for funds made 

available under subsection (g), shall be the responsibility 

of the Assistant Secretary for Democracy, Human Rights, 

and Labor, Department of State. 

(B) Funds appropriated by this Act that are made available for trilateral programs conducted with the PRC shall 

be subject to the regular notification procedures of the 

Committees on Appropriations. 

(f) PHILIPPINES.—Prior to the initial obligation of funds appropriated by this Act for assistance for the Philippines, but not later 

than 180 days after enactment of this Act, the Secretary of State 

shall submit a report to the Committees on Appropriations, which 

shall include the information required under this section in the explanatory statement described in section 4 (in the matter preceding 

division A of this Consolidated Act). 

(g) TIBET.— (1) FINANCING OF PROJECTS IN TIBET.—The Secretary of the 

Treasury should instruct the United States executive director 

of each international financial institution to use the voice and 

vote of the United States to support financing of projects in 

Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the 

transfer of ownership of Tibetan land and natural resources to 

non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan 

culture and traditions, and are subject to effective monitoring. 

(2) PROGRAMS FOR TIBETAN COMMUNITIES.—

(A) Notwithstanding any other provision of law, funds 

appropriated by this Act under the heading ‘‘Economic 

Support Fund’’ shall be made available to nongovernmental organizations to support activities which preserve 

cultural traditions and promote sustainable development, 

education, and environmental conservation in Tibetan 

communities in the Tibetan Autonomous Region and in 

other Tibetan communities in China. 

(B) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ shall be made available for programs to promote and preserve Tibetan culture, development, and the resilience of Tibetan communities in India 

and Nepal, and to assist in the education and development 

of the next generation of Tibetan leaders from such communities: Provided, That such funds are in addition to 

amounts made available in subparagraph (A) for programs 

inside Tibet. 
1518

(h) VIETNAM.— (1) DIOXIN REMEDIATION.—Notwithstanding any other provision of law, of the funds appropriated by this Act under the 

heading ‘‘Economic Support Fund’’, not less than $20,000,000 

shall be made available for activities related to the remediation 

of dioxin contaminated sites in Vietnam and may be made 

available for assistance for the Government of Vietnam, including the military, for such purposes. 

(2) HEALTH AND DISABILITY PROGRAMS.—Of the funds appropriated by this Act under the heading ‘‘Development Assistance’’, not less than $10,000,000 shall be made available for 

health and disability programs in areas sprayed with Agent 

Orange and otherwise contaminated with dioxin, to assist individuals with severe upper or lower body mobility impairment 

and/or cognitive or developmental disabilities. 

SOUTH AND CENTRAL ASIA

SEC. 7044. (a) AFGHANISTAN.— (1) STRATEGY AND PERSONNEL.— (A) STRATEGY.—Not later than 90 days after enactment 

of this Act and prior to the initial obligation of funds made 

available for assistance for Afghanistan by this Act under 

the headings ‘‘Economic Support Fund’’ and ‘‘International 

Narcotics Control and Law Enforcement’’, the Secretary of 

State, in consultation with the Secretary of Defense, shall 

submit to the appropriate congressional committees a revised strategy for United States engagement in Afghanistan: Provided, That such strategy shall include detailed 

information on the roles and responsibilities of the Department of State, the United States Agency for International 

Development, and other non-defense United States Government agencies in Afghanistan, including the anticipated number of government and contractor personnel to 

be assigned in Afghanistan in fiscal years 2018 and 2019: 

Provided further, That such strategy shall also include detailed information on development programs to be supported by funds made available by this Act and prior Acts 

making appropriations for the Department of State, foreign operations, and related programs, including a description of specific safeguards to ensure that any such funds 

supporting projects in areas under the control of the 

Taliban or other extremist organizations do not further the 

legitimacy of such organizations: Provided further, That 

such strategy shall also include detailed information, in 

classified form if necessary, on specific steps to be taken 

to encourage a negotiated political resolution of the conflict 

in Afghanistan. 

(B) PERSONNEL REPORT.—Not later than 30 days after 

enactment of this Act and every 120 days thereafter until 

September 30, 2018, the Secretary of State shall submit a 

report, in classified form if necessary, to the appropriate 

congressional committees detailing by agency the number 

of personnel present in Afghanistan under Chief of Mission 

authority per section 3927 of title 22, United States Code, 
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at the end of the 120 day period preceding the submission 

of such report: Provided, That such report shall also include the number of locally employed staff and contractors 

supporting United States Embassy operations in Afghanistan during the reporting period. 

(2) ASSISTANCE AND CONDITIONS.—

(A) FUNDING AND LIMITATIONS.—Funds appropriated by 

this Act under the headings ‘‘Economic Support Fund’’ and 

‘‘International Narcotics Control and Law Enforcement’’ 

may be made available for assistance for Afghanistan: Provided, That such funds may not be obligated for any 

project or activity that— 

(i) includes the participation of any Afghan individual or organization, including government entity, 

that the Secretary of State determines to be involved 

in corrupt practices, illicit narcotics production or trafficking, or a violation of human rights; 

(ii) cannot be sustained, as appropriate, by the Government of Afghanistan or another Afghan entity; 

(iii) is not regularly accessible for the purposes of 

conducting effective oversight in accordance with applicable Federal statutes and regulations; 

(iv) initiates any new, major infrastructure development; or 

(v) legitimizes the Taliban or other extremist organizations in areas not under the control of the Government of Afghanistan. 

(B) CERTIFICATION AND REPORT.—Prior to the initial obligation of funds made available by this Act under the headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’ for assistance for the 

central Government of Afghanistan, the Secretary of State 

shall certify and report to the Committees on Appropriations, after consultation with the Government of Afghanistan, that— 

(i) goals and benchmarks for the specific uses of 

such funds have been established by the Governments 

of the United States and Afghanistan; 

(ii) conditions are in place that increase the transparency and accountability of the Government of Afghanistan for funds obligated under the New Development Partnership; 

(iii) the Government of Afghanistan is implementing 

laws and policies to govern democratically and protect 

the rights of individuals, civil society, and the media; 

(iv) the Government of Afghanistan is taking consistent steps to protect and advance the rights of 

women and girls in Afghanistan; 

(v) the Government of Afghanistan is effectively implementing a whole-of-government, anti-corruption 

strategy that has been endorsed by the High Council 

on Rule of Law and Anti-Corruption, as agreed to at 

the Brussels Conference on Afghanistan in October 
1520

2016, and is prosecuting individuals alleged to be involved in corrupt or illegal activities in Afghanistan; 

(vi) monitoring and oversight frameworks for programs implemented with such funds are in accordance 

with all applicable audit policies of the Department of 

State and USAID, including in areas under the control 

of the Taliban or other extremist organizations; 

(vii) the necessary policies and procedures are in 

place to ensure Government of Afghanistan compliance with section 7013 of this Act, ‘‘Prohibition on 

Taxation of United States Assistance’’; and 

(viii) the Government of Afghanistan is publicly reporting its national budget, including revenues and expenditures.

(C) WAIVER.—The Secretary of State may waive the certification requirement of subparagraph (B) if the Secretary 

determines that to do so is important to the national security interest of the United States and the Secretary submits a report to the Committees on Appropriations, in classified form if necessary, on the justification for the waiver 

and the reasons why any of the requirements of subparagraph (B) cannot be met. 

(D) PROGRAMS.—Funds appropriated by this Act that are 

made available for assistance for Afghanistan shall be 

made available in the following manner— 

(i) for programs that protect and strengthen the 

rights of women and girls and promote the political 

and economic empowerment of women, including their 

meaningful inclusion in political processes: Provided, That such assistance to promote economic empowerment of women shall be made available as grants to 

Afghan and international organizations, to the maximum extent practicable; 

(ii) for programs in South and Central Asia to expand linkages between Afghanistan and countries in 

the region, subject to the regular notification procedures of the Committees on Appropriations; and 

(iii) to assist the Government of Afghanistan to increase revenue collection and expenditure. 

(E) TAXATION.—None of the funds appropriated by this 

Act for assistance for Afghanistan may be made available 

for direct government-to-government assistance unless the 

Secretary of State certifies and reports to the Committees 

on Appropriations that United States companies and organizations that are implementing United States foreign assistance programs in Afghanistan in a manner consistent 

with United States laws and regulations are not subjected 

by such government to taxes or other fees in contravention 

of diplomatic and other agreements between the Governments of the United States and Afghanistan, or to retaliation for the nonpayment of taxes or fees imposed in the 

past: Provided, That not later than 90 days after enactment of this Act, the Secretary of State shall submit to the 

Committees on Appropriations an assessment of the dollar 
1521

value of improper taxes or fees levied by such government 

against such companies and organizations in fiscal years 

2014, 2015, and 2016. 

(3) GOALS AND BENCHMARKS.—Not later than 90 days after 

enactment of this Act, the Secretary of State shall submit to 

the appropriate congressional committees a report describing 

the goals and benchmarks required in paragraph (2)(B)(i): Provided, That not later than 6 months after the submission of 

such report and every 6 months thereafter until September 30, 

2018, the Secretary of State shall submit a report to such committees on the status of achieving such goals and benchmarks: 

Provided further, That the Secretary of State should suspend 

assistance for the Government of Afghanistan if any report required by this paragraph indicates that such government is 

failing to make measurable progress in meeting such goals and 

benchmarks.

(4) AUTHORITIES.— (A) Funds appropriated by this Act under title III 

through VI that are made available for assistance for Afghanistan may be made available— 

(i) notwithstanding section 7012 of this Act or any 

similar provision of law and section 660 of the Foreign 

Assistance Act of 1961; 

(ii) for reconciliation programs and disarmament, 

demobilization, and reintegration activities for former 

combatants who have renounced violence against the 

Government of Afghanistan, in accordance with section 7046(a)(2)(B)(ii) of the Department of State, Foreign Operations, and Related Programs Appropriations 

Act, 2012 (division I of Public Law 112–74); and 

(iii) for an endowment to empower women and girls. 

(B) Section 7046(a)(2)(A) of division I of Public Law 112– 

74 shall apply to funds appropriated by this Act for assistance for Afghanistan. 

(C) Section 1102(c) of the Supplemental Appropriations 

Act, 2009 (title XI of Public Law 111–32) shall continue in 

effect during fiscal year 2017. 

(5) BASING RIGHTS AGREEMENT.—None of the funds made 

available by this Act may be used by the United States Government to enter into a permanent basing rights agreement between the United States and Afghanistan. 

(b) NEPAL.—

(1) ASSISTANCE.—Not less than $112,500,000 of the funds appropriated by this Act under the headings ‘‘Global Health Programs’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics 

Control and Law Enforcement’’, and ‘‘Nonproliferation, Antiterrorism, Demining and Related Programs’’ shall be made 

available for assistance for Nepal, including for earthquake recovery and reconstruction programs. 

(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ shall only be made available for humanitarian and disaster relief and reconstruction activities in 

Nepal, and in support of international peacekeeping oper-
1522

ations: Provided, That such funds may only be made available 

for any additional uses if the Secretary of State certifies and 

reports to the Committees on Appropriations that the Government of Nepal is investigating and prosecuting violations of 

human rights and the laws of war, and the Nepal Army is cooperating fully with civilian judicial authorities in such cases. 

(c) PAKISTAN.— (1) CERTIFICATION REQUIREMENT.—None of the funds appropriated or otherwise made available by this Act under the 

headings ‘‘Economic Support Fund’’, ‘‘International Narcotics 

Control and Law Enforcement’’, and ‘‘Foreign Military Financing Program’’ for assistance for the Government of Pakistan 

may be made available unless the Secretary of State certifies 

and reports to the Committees on Appropriations that the Government of Pakistan is— 

(A) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta 

Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, 

Al-Qaeda, and other domestic and foreign terrorist organizations, including taking effective steps to end support for 

such groups and prevent them from basing and operating 

in Pakistan and carrying out cross border attacks into 

neighboring countries; 

(B) not supporting terrorist activities against United 

States or coalition forces in Afghanistan, and Pakistan’s 

military and intelligence agencies are not intervening 

extra-judicially into political and judicial processes in Pakistan;

(C) not financing or otherwise supporting schools supported by, affiliated with, or run by the Taliban or any 

designated foreign terrorist organization; 

(D) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the 

manufacture of IEDs; 

(E) preventing the proliferation of nuclear-related material and expertise; 

(F) issuing visas in a timely manner for United States 

visitors engaged in counterterrorism efforts and assistance 

programs in Pakistan; and 

(G) providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani 

civilians affected by the conflict. 

(2) WAIVER AND REPORTS.—

(A) The Secretary of State may waive the certification 

requirement of paragraph (1) with respect to funds appropriated or otherwise made available by this Act under the 

headings ‘‘Economic Support Fund’’ and ‘‘International 

Narcotics Control and Law Enforcement’’ for assistance for 

the Government of Pakistan if the Secretary determines 

that to do so is important to the national security interest 

of the United States. 

(B) The Secretary of State may waive the certification 

requirement of paragraph (1) with respect to 95 percent of 

the funds appropriated or otherwise made available by this 
1523

Act under the heading ‘‘Foreign Military Financing Program’’ for assistance for the Government of Pakistan if the 

Secretary determines that to do so is important to the national security interest of the United States: Provided, That funds withheld by application of this subparagraph 

shall be withheld from obligation until the Secretary submits to the Committees on Appropriations the certification 

required by paragraph (1). 

(C) In exercising the authority of this paragraph, the 

Secretary of State shall submit a report to the Committees 

on Appropriations, in classified form if necessary, on the 

justification for any waivers in subparagraphs (A) and (B) 

and the reasons why any of the requirements of paragraph 

(1) cannot be met. 

(3) ASSISTANCE.— (A) Funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’ for assistance for 

Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan. 

(B) Funds appropriated by this Act under the headings 

‘‘Economic Support Fund’’ and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ that are available for assistance for Pakistan shall be made available to 

interdict precursor materials from Pakistan to Afghanistan 

that are used to manufacture IEDs, including calcium ammonium nitrate; to support programs to train border and 

customs officials in Pakistan and Afghanistan; and for agricultural extension programs that encourage alternative 

fertilizer use among Pakistani farmers. 

(C) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are made available for assistance for infrastructure projects in Pakistan shall be implemented in a manner consistent with section 507(6) of 

the Trade Act of 1974 (19 U.S.C. 2467(6)). 

(D) Funds appropriated by this Act under titles III and 

IV for assistance for Pakistan may be made available notwithstanding any other provision of law, except for section 

620M of the Foreign Assistance Act of 1961. 

(E) Of the funds appropriated under titles III and IV of 

this Act that are made available for assistance for Pakistan, $33,000,000 shall be withheld from obligation until 

the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from 

prison and cleared of all charges relating to the assistance 

provided to the United States in locating Osama bin 

Laden.

(4) SCHOLARSHIPS FOR WOMEN.—The authority and directives 

of section 7044(d)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235) shall apply to funds appropriated by this Act that are made available for assistance for 

Pakistan: Provided, That prior to the obligation of funds for 

such purposes, the USAID Administrator shall consult with 

the Committees on Appropriations. 
1524

(5) REPORTS.—

(A)(i) The spend plan required by section 7076 of this 

Act for assistance for Pakistan shall include achievable 

and sustainable goals, benchmarks for measuring progress, 

and expected results regarding combating poverty and furthering development in Pakistan, countering terrorism and 

extremism, and establishing conditions conducive to the 

rule of law and transparent and accountable governance: 

Provided, That not later than 6 months after submission 

of such spend plan, and each 6 months thereafter until 

September 30, 2018, the Secretary of State shall submit a 

report to the Committees on Appropriations on the status 

of achieving the goals and benchmarks in such plan. 

(ii) The Secretary of State should suspend assistance for 

the Government of Pakistan if any report required by 

clause (i) indicates that Pakistan is failing to make measurable progress in meeting such goals or benchmarks. 

(B) Not later than 90 days after enactment of this Act, 

the Secretary of State shall submit a report to the Committees on Appropriations detailing the costs and objectives associated with significant infrastructure projects 

supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such 

objectives.

(6) OVERSIGHT.—The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this 

subsection for assistance for Pakistan. 

(d) SRI LANKA.—

(1) BILATERAL ECONOMIC ASSISTANCE.—Funds appropriated 

by this Act under the heading ‘‘Economic Support Fund’’ shall 

be made available for assistance for Sri Lanka for democracy 

and economic development programs, particularly in areas recovering from ethnic and religious conflict: Provided, That such 

funds shall be made available for programs to assist in the 

identification and resolution of cases of missing persons. 

(2) CERTIFICATION.—Funds appropriated by this Act for assistance for the central Government of Sri Lanka may be made 

available only if the Secretary of State certifies and reports to 

the Committees on Appropriations that the Government of Sri 

Lanka is taking steps to— 

(A) repeal laws that do not comply with international 

standards for arrest and detention, and to ensure that any 

successor legislation meets such standards; 

(B) increase accountability and transparency in governance;

(C) support a credible justice mechanism in compliance 

with United Nations Human Rights Council Resolution (A/ 

HCR/30/L.29) of October, 2015; and 

(D) return land in former conflict zones to former owners 

or to compensate those whose land was confiscated without 

due process, which are in addition to steps taken during 

the previous calendar year. 
1525

(3) INTERNATIONAL SECURITY ASSISTANCE.—Funds appropriated under title IV of this Act that are available for assistance for Sri Lanka shall be subject to the following conditions—

(A) not to exceed $500,000 under the heading ‘‘Foreign 

Military Financing Program’’ may only be made available 

for programs to support humanitarian and disaster response efforts; to redeploy out of former conflict zones; and 

to restructure and reduce the size of the Sri Lankan armed 

forces; and 

(B) funds under the heading ‘‘Peacekeeping Operations’’ 

may only be made available for training and equipment related to international peacekeeping operations. 

(e) REGIONAL PROGRAMS.— (1) CROSS BORDER PROGRAMS.—Funds appropriated by this 

Act under the heading ‘‘Economic Support Fund’’ for assistance 

for Afghanistan and Pakistan may be provided, notwithstanding any other provision of law that restricts assistance to 

foreign countries, for cross border stabilization and development programs between Afghanistan and Pakistan, or between 

either country and the Central Asian countries. 

(2) SECURITY AND JUSTICE PROGRAMS.—Funds appropriated 

by this Act under the headings ‘‘Economic Support Fund’’, 

‘‘International Narcotics Control and Law Enforcement’’, and 

‘‘Assistance for Europe, Eurasia and Central Asia’’ that are 

available for assistance for countries in South and Central Asia 

shall be made available to enhance the recruitment, retention, 

and professionalism of women in the judiciary, police, and 

other security forces. 

LATIN AMERICA AND THE CARIBBEAN

SEC. 7045. (a) CENTRAL AMERICA.— (1) STRATEGY REVIEW AND UPDATE.—The Secretary of State, 

in consultation with the heads of other relevant United States 

Government agencies, shall review the United States Strategy 

for Engagement in Central America (the Strategy) and submit 

an updated Strategy to the appropriate congressional committees not later than 90 days after enactment of this Act: Provided, That such Strategy shall address the key factors in 

countries in Central America that contribute to the migration 

of undocumented Central Americans to the United States: Provided further, That such Strategy should support regional security and economic initiatives, including the Plan of the Alliance 

for Prosperity in the Northern Triangle in Central America 

(the Plan), to the extent the Secretary of State determines such 

initiatives are consistent with the national interest of the 

United States. 

(2) FUNDING.—Subject to the requirements of this subsection, 

of the funds appropriated under titles III and IV of this Act, 

$655,000,000 should be made available for assistance for countries in Central America to implement the United States Strategy for Engagement in Central America: Provided further,

That such funds shall be made available to the maximum extent practicable on a cost-matching basis. 
1526

(3) PRE-OBLIGATION REQUIREMENTS.—Prior to the obligation 

of funds made available pursuant to paragraph (2) and following the submission of the Strategy as required in paragraph 

(1), the Secretary of State shall submit to the Committees on 

Appropriations a multi-year spend plan as described under this 

section in the explanatory statement described in section 4 (in 

the matter preceding division A of this Consolidated Act), including a description of how such funds shall prioritize addressing the key factors in countries in Central America that 

contribute to the migration of undocumented Central Americans to the United States. 

(4) ASSISTANCE FOR THE CENTRAL GOVERNMENTS OF EL SAL- VADOR, GUATEMALA, AND HONDURAS.—Of the funds made available pursuant to paragraph (2) that are available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, the following amounts shall be withheld 

from obligation and may only be made available as follows: 

(A) 25 percent may only be obligated after the Secretary 

of State certifies and reports to the appropriate congressional committees that such government is taking effective 

steps, which are in addition to those steps taken since the 

certification and report submitted during the prior year, if 

applicable, to— 

(i) inform its citizens of the dangers of the journey 

to the southwest border of the United States; 

(ii) combat human smuggling and trafficking; 

(iii) improve border security, including to prevent illegal migration, human smuggling and trafficking, and 

trafficking of illicit drugs and other contraband; and 

(iv) cooperate with United States Government agencies and other governments in the region to facilitate 

the return, repatriation, and reintegration of illegal 

migrants arriving at the southwest border of the 

United States who do not qualify for asylum, consistent with international law. 

(B) An additional 50 percent may only be obligated after 

the Secretary of State certifies and reports to the appropriate congressional committees that such government is 

taking effective steps, which are in addition to those steps 

taken since the certification and report submitted during 

the prior year, if applicable, to— 

(i) work cooperatively with an autonomous, publicly 

accountable entity to provide oversight of the Plan; 

(ii) combat corruption, including investigating and 

prosecuting current and former government officials 

credibly alleged to be corrupt; 

(iii) implement reforms, policies, and programs to 

improve transparency and strengthen public institutions, including increasing the capacity and independence of the judiciary and the Office of the Attorney 

General;

(iv) implement a policy to ensure that local communities, civil society organizations (including indigenous 

and other marginalized groups), and local govern-
1527

ments are consulted in the design, and participate in 

the implementation and evaluation of, activities of the 

Plan that affect such communities, organizations, and 

governments;

(v) counter the activities of criminal gangs, drug 

traffickers, and organized crime; 

(vi) investigate and prosecute in the civilian justice 

system government personnel, including military and 

police personnel, who are credibly alleged to have violated human rights, and ensure that such personnel 

are cooperating in such cases; 

(vii) cooperate with commissions against corruption 

and impunity and with regional human rights entities; 

(viii) support programs to reduce poverty, expand 

education and vocational training for at-risk youth, 

create jobs, and promote equitable economic growth 

particularly in areas contributing to large numbers of 

migrants;

(ix) implement a plan that includes goals, benchmarks and timelines to create a professional, accountable civilian police force and end the role of the military in internal policing, and make such plan available 

to the Department of State; 

(x) protect the right of political opposition parties, 

journalists, trade unionists, human rights defenders, 

and other civil society activists to operate without interference;

(xi) increase government revenues, including by implementing tax reforms and strengthening customs 

agencies; and 

(xii) resolve commercial disputes, including the confiscation of real property, between United States entities and such government. 

(5) SUSPENSION OF ASSISTANCE AND PERIODIC REVIEW.— (A) The Secretary of State shall periodically review the 

progress of each of the central governments of El Salvador, 

Guatemala, and Honduras in meeting the requirements of 

paragraphs (4)(A) and (4)(B): Provided, That if the Secretary determines that sufficient progress has not been 

made by a central government, the Secretary shall suspend, in whole or in part, assistance for such government 

for programs supporting such requirement, and shall notify the appropriate congressional committees in writing of 

such action: Provided further, That the Secretary may resume funding for such programs only after the Secretary 

certifies to such committees that corrective measures have 

been taken. 

(B) The Secretary of State shall, following a change of 

national government in El Salvador, Guatemala, or Honduras, determine and report to the appropriate congressional committees that any new government has committed to take the steps to meet the requirements of paragraphs (4)(A) and (4)(B): Provided, That if the Secretary is 

unable to make such a determination in a timely manner, 
1528

assistance made available under this subsection for such 

central government shall be suspended, in whole or in 

part, until such time as such determination and report can 

be made. 

(6) TRANSFER OF FUNDS.—The Department of State and 

USAID may, following consultation with the Committees on 

Appropriations, transfer funds made available by this Act 

under the heading ‘‘Development Assistance’’ to the InterAmerican Development Bank and the Inter-American Foundation to support the Strategy. 

(b) COLOMBIA.—

(1) ASSISTANCE.—Of the funds appropriated by this Act 

under titles III and IV, not less than $391,253,000 shall be 

made available for assistance for Colombia, including to support the efforts of the Government of Colombia to— 

(A) conduct a unified campaign against narcotics trafficking, organizations designated as foreign terrorist organizations pursuant to section 219 of the Immigration and 

Nationality Act (8 U.S.C. 1189), and other criminal or illegal armed groups: Provided, That aircraft supported by 

funds made available by this Act and prior Acts making 

appropriations for the Department of State, foreign operations, and related programs may be used to transport personnel and supplies involved in drug eradication and interdiction, including security for such activities, and to provide transport in support of alternative development programs and investigations by civilian judicial authorities; 

(B) enhance security and stability in Colombia and the 

region;

(C) strengthen and expand governance, the rule of law, 

and access to justice throughout Colombia; 

(D) promote economic and social development, including 

by improving access to areas impacted by conflict through 

demining programs; and 

(E) implement a peace agreement between the Government of Colombia and illegal armed groups, in accordance 

with constitutional and legal requirements in Colombia: 

Provided, That such funds shall be subject to prior consultation 

with, and the regular notification procedures of, the Committees on Appropriations. 

(2) LIMITATION.—None of the funds appropriated by this Act 

or prior Acts making appropriations for the Department of 

State, foreign operations, and related programs that are made 

available for assistance for Colombia may be made available 

for payment of reparations to conflict victims or compensation 

to demobilized combatants associated with a peace agreement 

between the Government of Colombia and illegal armed 

groups.

(3) PRE-OBLIGATION REQUIREMENTS.—Prior to the initial obligation of funds made available pursuant to paragraph (1), the 

Secretary of State, in consultation with the USAID Administrator, shall submit to the Committees on Appropriations a 

multi-year spend plan as described under section 7045 in the 
1529

explanatory statement described in section 4 (in the matter 

preceding division A of this Consolidated Act). 

(4) REFUGEES.—Funds made available by this Act under the 

heading ‘‘Economic Support Fund’’ for assistance for Colombia 

shall be apportioned directly to USAID, except that not less 

than $7,000,000 of such funds shall be transferred to, and 

merged with, funds appropriated by this Act under the heading 

‘‘Migration and Refugee Assistance’’ for assistance for Colombian refugees in neighboring countries. 

(5) COUNTERNARCOTICS.—Of the funds made available by 

this Act under the heading ‘‘International Narcotics Control 

and Law Enforcement’’ for assistance for Colombia, 20 percent 

may be obligated only in accordance with the conditions set 

forth under section 7045 in the explanatory statement described in section 4 (in the matter preceding division A of this 

Consolidated Act). 

(6) HUMAN RIGHTS.—Of the funds made available by this Act 

under the heading ‘‘Foreign Military Financing Program’’ for 

assistance for Colombia, 20 percent may be obligated only in 

accordance with the conditions set forth under section 7045 in 

the explanatory statement described in section 4 (in the matter 

preceding division A of this Consolidated Act). 

(7) EXCEPTIONS.—The limitations of paragraphs (5) and (6) 

shall not apply to funds made available for aviation instruction 

and maintenance, and maritime and riverine security programs.

(c) HAITI.— (1) FUNDING.—Of the funds appropriated by this Act under 

the headings ‘‘Development Assistance’’ and ‘‘Economic Support 

Fund’’, not more than $45,000,000 may be made available for 

assistance for Haiti: Provided, That the funding limitation of 

this paragraph may be exceeded for food security and global 

health programs. 

(2) CERTIFICATION.—Funds appropriated by this Act under 

the headings ‘‘Development Assistance’’ and ‘‘Economic Support 

Fund’’ that are made available for assistance for Haiti may not 

be made available for assistance for the central Government of 

Haiti unless the Secretary of State certifies and reports to the 

Committees on Appropriations that such government is taking 

effective steps, which are in addition to steps taken since the 

certification and report submitted during the prior year, if applicable, to— 

(A) strengthen the rule of law in Haiti, including by— 

(i) selecting judges in a transparent manner based 

on merit; 

(ii) reducing pre-trial detention; 

(iii) respecting the independence of the judiciary; 

and

(iv) improving governance by implementing reforms 

to increase transparency and accountability, including 

through the penal and criminal codes; 

(B) combat corruption, including by implementing the 

anti-corruption law enacted in 2014 and prosecuting corrupt officials; 
1530

(C) increase government revenues, including by implementing tax reforms, and increase expenditures on public 

services; and 

(D) resolve commercial disputes between United States 

entities and the Government of Haiti. 

(3) HAITIAN COAST GUARD.—The Government of Haiti shall 

be eligible to purchase defense articles and services under the 

Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast 

Guard.

EUROPE AND EURASIA

SEC. 7046. (a) ASSISTANCE FOR UKRAINE.—Of the funds appropriated by this Act under titles III and IV, not less than 

$410,465,000 shall be made available for assistance for Ukraine. 

(b) LIMITATION.—None of the funds appropriated by this Act may 

be made available for assistance for a government of an Independent State of the former Soviet Union if such government directs any action in violation of the territorial integrity or national 

sovereignty of any other Independent State of the former Soviet 

Union, such as those violations included in the Helsinki Final Act: 

Provided, That except as otherwise provided in section 7070(a) of 

this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do 

so is in the national security interest of the United States: Provided further, That prior to executing the authority contained in 

the previous proviso the Secretary of State shall consult with the 

Committees on Appropriations on how such assistance supports the 

national security interest of the United States. 

(c) SECTION 907 OF THE FREEDOM SUPPORT ACT.—Section 907 of 

the FREEDOM Support Act shall not apply to— 

(1) activities to support democracy or assistance under title 

V of the FREEDOM Support Act and section 1424 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 

U.S.C. 2333) or non-proliferation assistance; 

(2) any assistance provided by the Trade and Development 

Agency under section 661 of the Foreign Assistance Act of 1961 

(22 U.S.C. 2421); 

(3) any activity carried out by a member of the United States 

and Foreign Commercial Service while acting within his or her 

official capacity; 

(4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation 

under title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2191 et seq.); 

(5) any financing provided under the Export-Import Bank 

Act of 1945; or 

(6) humanitarian assistance. 

WAR CRIMES TRIBUNALS

SEC. 7047. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other 

violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assist-
1531

ance Act of 1961 of up to $30,000,000 of commodities and services 

for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security 

Council or such other tribunals or commissions as the Council may 

establish or authorize to deal with such violations, without regard 

to the ceiling limitation contained in paragraph (2) thereof: Provided, That the determination required under this section shall be 

in lieu of any determinations otherwise required under section 

552(c): Provided further, That funds made available pursuant to 

this section shall be made available subject to the regular notification procedures of the Committees on Appropriations. 

UNITED NATIONS

SEC. 7048. (a) TRANSPARENCY AND ACCOUNTABILITY.— (1) Of the funds appropriated under title I and under the 

heading ‘‘International Organizations and Programs’’ in title V 

of this Act that are available for contributions to the United 

Nations (including the Department of Peacekeeping Operations), any United Nations agency, or the Organization of 

American States, 15 percent may not be obligated for such organization, department, or agency until the Secretary of State 

reports to the Committees on Appropriations that the organization, department, or agency is— 

(A) posting on a publicly available Web site, consistent 

with privacy regulations and due process, regular financial 

and programmatic audits of such organization, department, or agency, and providing the United States Government with necessary access to such financial and performance audits; and 

(B) effectively implementing and enforcing policies and 

procedures which reflect best practices for the protection of 

whistleblowers from retaliation, including best practices 

for—

(i) protection against retaliation for internal and 

lawful public disclosures; 

(ii) legal burdens of proof; 

(iii) statutes of limitation for reporting retaliation; 

(iv) access to independent adjudicative bodies, including external arbitration; and 

(v) results that eliminate the effects of proven retaliation.

(2) The restrictions imposed by or pursuant to paragraph (1) 

may be waived on a case-by-case basis if the Secretary of State 

determines and reports to the Committees on Appropriations 

that such waiver is necessary to avert or respond to a humanitarian crisis. 

(b) RESTRICTIONS ON UNITED NATIONS DELEGATIONS AND ORGANIZATIONS.—

(1) None of the funds made available by this Act may be 

used to pay expenses for any United States delegation to any 

specialized agency, body, or commission of the United Nations 

if such agency, body, or commission is chaired or presided over 

by a country, the government of which the Secretary of State 

has determined, for purposes of section 6(j)(1) of the Export 
1532

Administration Act of 1979 as continued in effect pursuant to 

the International Emergency Economic Powers Act (50 U.S.C. 

App. 2405(j)(1)), supports international terrorism. 

(2) None of the funds made available by this Act may be 

used by the Secretary of State as a contribution to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government 

of which the Secretary of State has determined, for purposes 

of section 620A of the Foreign Assistance Act of 1961, section 

40 of the Arms Export Control Act, section 6(j)(1) of the Export 

Administration Act of 1979, or any other provision of law, is 

a government that has repeatedly provided support for acts of 

international terrorism. 

(3) The Secretary of State may waive the restriction in this 

subsection if the Secretary determines and reports to the Committees on Appropriations that to do so is in the national interest of the United States, including a description of the national 

interest served. 

(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.—None of the 

funds appropriated by this Act may be made available in support 

of the United Nations Human Rights Council unless the Secretary 

of State determines and reports to the Committees on Appropriations that participation in the Council is important to the national 

interest of the United States and that the Council is taking significant steps to remove Israel as a permanent agenda item: Provided,

That such report shall include a description of the national interest 

served and the steps taken to remove Israel as a permanent agenda item: Provided further, That the Secretary of State shall report 

to the Committees on Appropriations not later than September 30, 

2017, on the resolutions considered in the United Nations Human 

Rights Council during the previous 12 months, and on steps taken 

to remove Israel as a permanent agenda item. 

(d) UNITED NATIONS RELIEF AND WORKS AGENCY.—Prior to the 

initial obligation of funds for the United Nations Relief and Works 

Agency (UNRWA), and not later than 45 days after enactment of 

this Act, the Secretary of State shall submit a report in writing to 

the Committees on Appropriations on whether UNRWA is— 

(1) utilizing Operations Support Officers in the West Bank, 

Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use; 

(2) acting promptly to address any staff or beneficiary violation of its own policies (including the policies on neutrality and 

impartiality of employees) and the legal requirements under 

section 301(c) of the Foreign Assistance Act of 1961; 

(3) implementing procedures to maintain the neutrality of its 

facilities, including implementing a no-weapons policy, and 

conducting regular inspections of its installations, to ensure 

they are only used for humanitarian or other appropriate purposes;

(4) taking necessary and appropriate measures to ensure it 

is operating in compliance with the conditions of section 301(c) 

of the Foreign Assistance Act of 1961 and continuing regular 
1533

reporting to the Department of State on actions it has taken 

to ensure conformance with such conditions; 

(5) taking steps to ensure the content of all educational materials currently taught in UNRWA-administered schools and 

summer camps is consistent with the values of human rights, 

dignity, and tolerance and does not induce incitement; 

(6) not engaging in operations with financial institutions or 

related entities in violation of relevant United States law, and 

is taking steps to improve the financial transparency of the organization; and 

(7) in compliance with the United Nations Board of Auditors’ 

biennial audit requirements and is implementing in a timely 

fashion the Board’s recommendations. 

(e) PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS.— None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 

1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country’s delegation at international conferences held under the auspices of multilateral or international organizations.

(f) UNITED NATIONS CAPITAL PROJECTS.—None of the funds made 

available by this Act may be used for the design, renovation, or 

construction of the United Nations Headquarters in New York: Provided, That any operating plan submitted pursuant to this Act for 

funds made available under the heading ‘‘Contributions to International Organizations’’ shall include information on capital 

projects, as described under this section in the explanatory statement described in section 4 (in the matter preceding division A of 

this Consolidated Act). 

(g) WITHHOLDING REPORT.—Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the 

Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2017 for contributions to any organization, department, agency, or program within 

the United Nations system or any international program that are 

withheld from obligation or expenditure due to any provision of 

law: Provided, That the Secretary of State shall update such report 

each time additional funds are withheld by operation of any provision of law: Provided further, That the reprogramming of any withheld funds identified in such report, including updates thereof, 

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

(h) SEXUAL EXPLOITATION AND ABUSE IN PEACEKEEPING OPERATIONS.—

(1) Funds appropriated by this Act shall be made available 

to implement section 301 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114–323): Provided,

That the elements and objectives of subsection (c) of such section shall include the adoption of a United Nations policy requiring the mandatory repatriation from a United Nations 

peacekeeping operation of any personnel credibly alleged to 
1534

have engaged in sexual exploitation or abuse, and a prohibition 

on the participation in such peacekeeping operations of personnel from any country the government of which is unwilling 

or unable to carry out its criminal or disciplinary responsibilities with respect to personnel credibly alleged to have engaged 

in sexual exploitation or abuse. 

(2) The Secretary of State should withhold assistance to any 

unit of the security forces of a foreign country if the Secretary 

has credible information that such unit has engaged in sexual 

exploitation or abuse, including while serving in a United Nations peacekeeping operation, until the Secretary determines 

that the government of such country is taking effective steps 

to bring the responsible members of such unit to justice and 

to prevent future incidents: Provided, That the Secretary shall 

promptly notify the government of each country subject to any 

withholding of assistance pursuant to this paragraph, and 

shall notify the appropriate congressional committees of such 

withholding not later than 10 days after a determination to 

withhold such assistance is made: Provided further, That the 

Secretary shall, to the maximum extent practicable, assist such 

government in bringing the responsible members of such unit 

to justice. 

(i) ADDITIONAL AVAILABILITY.—Funds appropriated under title I 

of this Act which are returned or not made available due to the implementation of subsection (a) or the second proviso under the 

heading ‘‘Contributions for International Peacekeeping Activities’’ 

of such title shall remain available for obligation until September 

30, 2018. 

(j) REPORT ON ARREARS.—Not later than 30 days after enactment 

of this Act, and updated every 90 days thereafter until September 

30, 2018, the Secretary of State shall submit a report to the appropriate congressional committees detailing— 

(1) a description of the treaty or other obligation of the 

United States to pay assessed contributions at specified rates 

for the United Nations and other international organizations 

by organization or entity; 

(2) a description of relevant United States laws regarding 

such assessed rates and contributions; 

(3) a description of, and justification for, any deviation from 

payment of such assessed rates and contributions, to include 

the cumulative amount of arrears owed, or anticipated to be 

owed, by the United States to any organization or entity as a 

result of such deviation; 

(4) a specific plan for payment of such arrears; 

(5) an analysis of when the amount of arrears owed by the 

United States may trigger Article 19 of the United Nations 

Charter or similar provision in a treaty, convention or charter 

governing participation in an international organization, resulting in the loss of a vote by the United States in the United 

Nations General Assembly or other governing body of an international organization; and 

(6) an analysis of the impact to the national interest of the 

United States in international organizations, including the 
1535

United Nations, as a result of arrears owed, if any, including 

with respect to the loss of influence within such organizations. 

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 7049. (a) AUTHORITY.—Funds made available by titles III 

and IV of this Act to carry out the provisions of chapter 1 of part 

I and chapters 4 and 6 of part II of the Foreign Assistance Act of 

1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the 

rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond 

to disasters, address gender-based violence, and foster improved police relations with the communities they serve. 

(b) NOTIFICATION.—Assistance provided under subsection (a) 

shall be subject to the regular notification procedures of the Committees on Appropriations. 

DISABILITY PROGRAMS

SEC. 7050. (a) ASSISTANCE.—Funds appropriated by this Act 

under the heading ‘‘Economic Support Fund’’ shall be made available for programs and activities administered by the United States 

Agency for International Development to address the needs and 

protect and promote the rights of people with disabilities in developing countries, including initiatives that focus on independent living, economic self-sufficiency, advocacy, education, employment, 

transportation, sports, and integration of individuals with disabilities, including for the cost of translation. 

(b) MANAGEMENT, OVERSIGHT, AND TECHNICAL SUPPORT.—Of the 

funds made available pursuant to this section, 5 percent may be 

used for USAID for management, oversight, and technical support. 

INTERNATIONAL CONFERENCES

SEC. 7051. None of the funds made available in this Act may be 

used to send or otherwise pay for the attendance of more than 50 

employees of agencies or departments of the United States Government who are stationed in the United States, at any single international conference occurring outside the United States, unless the 

Secretary of State reports to the Committees on Appropriations at 

least 5 days in advance that such attendance is important to the 

national interest: Provided, That for purposes of this section the 

term ‘‘international conference’’ shall mean a conference attended 

by representatives of the United States Government and of foreign 

governments, international organizations, or nongovernmental organizations.

AIRCRAFT TRANSFER, COORDINATION, AND USE

SEC. 7052. (a) TRANSFER AUTHORITY.—Notwithstanding any 

other provision of law or regulation, aircraft procured with funds 

appropriated by this Act and prior Acts making appropriations for 

the Department of State, foreign operations, and related programs 
1536

under the headings ‘‘Diplomatic and Consular Programs’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean 

Counterdrug Initiative’’, and ‘‘Andean Counterdrug Programs’’ may 

be used for any other program and in any region, including for the 

transportation of active and standby Civilian Response Corps personnel and equipment during a deployment: Provided, That the responsibility for policy decisions and justification for the use of such 

transfer authority shall be the responsibility of the Secretary of 

State and the Deputy Secretary of State and this responsibility 

shall not be delegated. 

(b) PROPERTY DISPOSAL.—The authority provided in subsection 

(a) shall apply only after the Secretary of State determines and reports to the Committees on Appropriations that the equipment is 

no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall 

be subject to prior consultation with, and the regular notification 

procedures of, the Committees on Appropriations. 

(c) AIRCRAFT COORDINATION.—

(1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International 

Development with funds made available in this Act or prior 

Acts making appropriations for the Department of State, foreign operations, and related programs shall be coordinated 

under the authority of the appropriate Chief of Mission: Provided, That such aircraft may be used to transport, on a reimbursable or non-reimbursable basis, Federal and non-Federal 

personnel supporting Department of State and USAID programs and activities: Provided further, That official travel for 

other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a 

space available basis: Provided further, That funds received by 

the Department of State for the use of aircraft owned, leased, 

or chartered by the Department of State may be credited to the 

Working Capital Fund of the Department and shall be available for expenses related to the purchase, lease, maintenance, 

chartering, or operation of such aircraft. 

(2) The requirement and authorities of this subsection shall 

only apply to aircraft, the primary purpose of which is the 

transportation of personnel. 

(d) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum 

extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act shall be borne by the recipient country. 

PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN

GOVERNMENTS

SEC. 7053. The terms and conditions of section 7055 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2011 (division F of Public Law 111–117) shall 

apply to this Act: Provided, That the date ‘‘September 30, 2009’’ in 

subsection (f)(2)(B) of such section shall be deemed to be ‘‘September 30, 2016’’. 
1537

LANDMINES AND CLUSTER MUNITIONS

SEC. 7054. (a) LANDMINES.—Notwithstanding any other provision 

of law, demining equipment available to the United States Agency 

for International Development and the Department of State and 

used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant 

basis in foreign countries, subject to such terms and conditions as 

the Secretary of State may prescribe. 

(b) CLUSTER MUNITIONS.—No military assistance shall be furnished for cluster munitions, no defense export license for cluster 

munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— 

(1) the submunitions of the cluster munitions, after arming, 

do not result in more than 1 percent unexploded ordnance 

across the range of intended operational environments, and the 

agreement applicable to the assistance, transfer, or sale of such 

cluster munitions or cluster munitions technology specifies that 

the cluster munitions will only be used against clearly defined 

military targets and will not be used where civilians are known 

to be present or in areas normally inhabited by civilians; or 

(2) such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster 

munitions.

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 7055. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes within the 

United States not authorized before the date of the enactment of 

this Act by Congress: Provided, That not to exceed $25,000 may be 

made available to carry out the provisions of section 316 of the 

International Security and Development Cooperation Act of 1980 

(Public Law 96–533). 

CONTINUOUS SUPERVISION AND GENERAL DIRECTION OF ECONOMIC

AND MILITARY ASSISTANCE

SEC. 7056. (a) Under the direction of the President, the Secretary 

of State shall be responsible for the continuous supervision and 

general direction of economic assistance, law enforcement and justice sector assistance, military assistance, and military education 

and training programs, including but not limited to determining 

whether there shall be a military assistance (including civic action) 

or a military education and training program for a country and the 

value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the 

United States is best served thereby. 

(b) Consistent with section 481(b) of the Foreign Assistance Act 

of 1961, the Secretary of State shall be responsible for coordinating 

all assistance provided by the United States Government to support international efforts to combat illicit narcotics production or 

trafficking: Provided, That the provision of assistance by the Department of Defense which is comparable to assistance that may be 

made available by this Act under the heading ‘‘International Narcotics Control and Law Enforcement’’ shall be provided in a man-
1538

ner consistent with the requirements of section 333(b) of title 10, 

United States Code, as added by section 1241 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328). 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

MANAGEMENT

SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of the funds made 

available in title III of this Act pursuant to or to carry out the provisions of part I of the Foreign Assistance Act of 1961, including 

funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, may be used by the United States Agency 

for International Development to hire and employ individuals in 

the United States and overseas on a limited appointment basis 

pursuant to the authority of sections 308 and 309 of the Foreign 

Service Act of 1980. 

(b) RESTRICTIONS.— (1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 

175.

(2) The authority to hire individuals contained in subsection 

(a) shall expire on September 30, 2018. 

(c) CONDITIONS.—The authority of subsection (a) should only be 

used to the extent that an equivalent number of positions that are 

filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated 

to carry out part I of the Foreign Assistance Act of 1961, including 

funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, are eliminated. 

(d) PROGRAM ACCOUNT CHARGED.—The account charged for the 

cost of an individual hired and employed under the authority of 

this section shall be the account to which the responsibilities of 

such individual primarily relate: Provided, That funds made available to carry out this section may be transferred to, and merged 

with, funds appropriated by this Act in title II under the heading 

‘‘Operating Expenses’’. 

(e) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired 

and employed by USAID, with funds made available in this Act or 

prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of 

section 309 of the Foreign Service Act of 1980, may be extended for 

a period of up to 4 years notwithstanding the limitation set forth 

in such section. 

(f) DISASTER SURGE CAPACITY.—Funds appropriated under title 

III of this Act to carry out part I of the Foreign Assistance Act of 

1961, including funds appropriated under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’, may be used, in addition to 

funds otherwise available for such purposes, for the cost (including 

the support costs) of individuals detailed to or employed by USAID 

whose primary responsibility is to carry out programs in response 

to natural disasters, or man-made disasters subject to the regular 

notification procedures of the Committees on Appropriations. 

(g) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by 

this Act to carry out chapter 1 of part I, chapter 4 of part II, and 

section 667 of the Foreign Assistance Act of 1961, and title II of 
1539

the Food for Peace Act (Public Law 83–480), may be used by 

USAID to employ up to 40 personal services contractors in the 

United States, notwithstanding any other provision of law, for the 

purpose of providing direct, interim support for new or expanded 

overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That 

not more than 15 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appropriated to 

carry out title II of the Food for Peace Act (Public Law 83–480), 

may be made available only for personal services contractors assigned to the Office of Food for Peace. 

(h) SMALL BUSINESS.—In entering into multiple award indefinitequantity contracts with funds appropriated by this Act, USAID 

may provide an exception to the fair opportunity process for placing 

task orders under such contracts when the order is placed with any 

category of small or small disadvantaged business. 

(i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Individuals hired pursuant to the authority provided by section 7059(o) of 

the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2011 (division F of Public Law 111–117) 

may be assigned to or support programs in Afghanistan or Pakistan with funds made available in this Act and prior Acts making 

appropriations for the Department of State, foreign operations, and 

related programs. 

GLOBAL HEALTH ACTIVITIES

SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III and 

IV of this Act that are made available for bilateral assistance for 

child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, 

HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under the heading ‘‘Global Health 

Programs’’ and the United States Leadership Against HIV/AIDS, 

Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 

7601 et seq.), as amended: Provided, That of the funds appro- priated under title III of this Act, not less than $575,000,000 

should be made available for family planning/reproductive health, 

including in areas where population growth threatens biodiversity 

or endangered species. 

(b) GLOBAL FUND.—Of the funds appropriated by this Act that 

are available for a contribution to the Global Fund to Fight AIDS, 

Tuberculosis and Malaria (Global Fund), 10 percent should be 

withheld from obligation until the Secretary of State determines 

and reports to the Committees on Appropriations that the Global 

Fund is— 

(1) maintaining and implementing a policy of transparency, 

including the authority of the Global Fund Office of the Inspector General (OIG) to publish OIG reports on a public Web site; 

(2) providing sufficient resources to maintain an independent 

OIG that— 

(A) reports directly to the Board of the Global Fund; 

(B) maintains a mandate to conduct thorough investigations and programmatic audits, free from undue interference; and 
1540

(C) compiles regular, publicly published audits and investigations of financial, programmatic, and reporting aspects of the Global Fund, its grantees, recipients, sub-recipients, and Local Fund Agents; 

(3) effectively implementing and enforcing policies and procedures which reflect best practices for the protection of whistleblowers from retaliation, including best practices for— 

(A) protection against retaliation for internal and lawful 

public disclosures; 

(B) legal burdens of proof; 

(C) statutes of limitation for reporting retaliation; 

(D) access to independent adjudicative bodies, including 

external arbitration; and 

(E) results that eliminate the effects of proven retaliation; and 

(4) implementing the recommendations contained in the Consolidated Transformation Plan approved by the Board of the 

Global Fund on November 21, 2011: 

Provided, That such withholding shall not be in addition to funds 

that are withheld from the Global Fund in fiscal year 2017 pursuant to the application of any other provision contained in this or 

any other Act. 

(c) CONTAGIOUS INFECTIOUS DISEASE OUTBREAKS.—

(1) EMERGENCY RESERVE FUND.—Of the funds appropriated 

by this Act under the heading ‘‘Global Health Programs’’, 

$70,000,000 shall be made available for an Emergency Reserve 

Fund to address emerging health threats, and shall remain 

available until expended: Provided, That such funds shall be in 

addition to funds otherwise available for such purposes, and 

may be transferred to, and merged with, funds appropriated by 

this Act under the heading ‘‘International Disaster Assistance’’ 

for the purposes of this paragraph: Provided further, That such 

funds may only be made available if the Secretary of State determines and reports to the Committees on Appropriations that 

it is in the national interest to respond to an emerging health 

threat that poses severe threats to human health. 

(2) EXTRAORDINARY MEASURES.—If the Secretary of State determines and reports to the Committees on Appropriations that 

an international infectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in the national interest to respond to a Public Health Emergency of 

International Concern, funds appropriated by this Act under 

the headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘International Disaster Assistance’’, ‘‘Complex Crises 

Fund’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘Migration and 

Refugee Assistance’’, and ‘‘Millennium Challenge Corporation’’ 

may be made available to combat such infectious disease or 

public health emergency, and may be transferred to, and 

merged with, funds appropriated under such headings for the 

purposes of this paragraph. 

(3) OVERSIGHT OF FUNDS.—Funds made available by this 

subsection shall be subject to prior consultation with, and the 
1541

regular notification procedures of, the Committees on Appropriations.

GENDER EQUALITY

SEC. 7059. (a) GENDER EQUALITY.—Funds appropriated by this 

Act shall be made available to promote gender equality in United 

States Government diplomatic and development efforts by raising 

the status, increasing the participation, and protecting the rights 

of women and girls worldwide. 

(b) WOMEN’S LEADERSHIP.—Of the funds appropriated by title III of this Act, not less than $50,000,000 shall be made available to increase leadership opportunities for women in countries where 

women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women’s political status, expanding women’s participation in political parties and elections, 

and increasing women’s opportunities for leadership positions in 

the public and private sectors at the local, provincial, and national 

levels.

(c) GENDER-BASED VIOLENCE.— (1)(A) Of the funds appropriated by titles III and IV of this Act, not less than $150,000,000 shall be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict 

and non-conflict settings. 

(B) Funds appropriated by titles III and IV of this Act that 

are available to train foreign police, judicial, and military personnel, including for international peacekeeping operations, 

shall address, where appropriate, prevention and response to 

gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces. 

(2) Department of State and United States Agency for International Development gender programs shall incorporate coordinated efforts to combat a variety of forms of gender-based 

violence, including child marriage, rape, female genital cutting 

and mutilation, and domestic violence, among other forms of 

gender-based violence in conflict and non-conflict settings. 

(d) WOMEN, PEACE, AND SECURITY.—Funds appropriated by this 

Act under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, and 

‘‘International Narcotics Control and Law Enforcement’’ should be 

made available to support a multi-year strategy to expand, and improve coordination of, United States Government efforts to empower women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries 

affected by conflict or in political transition, and to ensure the equitable provision of relief and recovery assistance to women and girls. 

(e) WOMEN AND GIRLS AT RISK FROM EXTREMISM.—

(1) ASSISTANCE.—Of the funds appropriated by this Act 

under the heading ‘‘Economic Support Fund’’, not less than 

$15,000,000 shall be made available to support women and 

girls who are at risk from extremism and conflict, and for activities to— 

(A) empower women and girls to counter extremism; 
1542

(B) address the needs of women and girls adversely impacted by extremism and conflict; 

(C) document crimes committed by extremists against 

women and girls, and support investigations and prosecutions of such crimes, as appropriate; 

(D) increase the participation and influence of women in 

formal and informal political processes and institutions at 

the local level and within traditional governing structures; 

(E) support reconciliation programs between impacted 

minority, religious, and ethnic groups and the broader 

community;

(F) develop and implement legal reforms and protections 

for women and girls at the national and local government 

levels; and 

(G) create and sustain networks for women and girls to 

collectively safeguard their rights on a regional basis. 

(2) STRATEGY REQUIREMENT.—Not later than 90 days after 

enactment of this Act, the Secretary of State, in consultation 

with the USAID Administrator, shall submit a comprehensive, 

inter-agency strategy to support women and girls who are at 

risk from extremism and conflict, including a description of 

monitoring and evaluation protocols. 

(3) CLARIFICATION AND NOTIFICATION.—Funds made available pursuant to paragraph (1)— 

(A) are in addition to amounts otherwise available by 

this Act for such purposes; and 

(B) shall be made available following consultation with, 

and subject to the regular notification procedures of, the 

Committees on Appropriations. 

SECTOR ALLOCATIONS

SEC. 7060. (a) BASIC EDUCATION AND HIGHER EDUCATION.— (1) BASIC EDUCATION.— (A) Of the funds appropriated under title III of this Act, not less than $800,000,000 shall be made available for assistance for basic education, and such funds may be made 

available notwithstanding any other provision of law that 

restricts assistance to foreign countries: Provided, That 

such funds should be used to implement the objectives of 

basic education programs for each Country Development 

Cooperation Strategy or similar strategy regarding basic 

education established by the United States Agency for 

International Development: Provided further, That such 

funds may also be used for secondary education activities: 

Provided further, That the USAID Administrator, following 

consultation with the Committees on Appropriations, may 

reprogram such funds between countries. 

(B) Not later than 30 days after enactment of this Act, 

the USAID Administrator shall report to the Committees 

on Appropriations on the status of cumulative unobligated 

balances and obligated, but unexpended, balances in each 

country where USAID provides basic education assistance 

and such report shall also include details on the types of 

contracts and grants provided and the goals and objectives 
1543

of such assistance: Provided, That the USAID Administrator shall update such report on a quarterly basis until 

September 30, 2018: Provided further, That if the USAID 

Administrator determines that any unobligated balances of 

funds specifically designated for assistance for basic education in prior Acts making appropriations for the Department of State, foreign operations, and related programs 

are in excess of the absorptive capacity of recipient countries, such funds may be made available for other programs authorized under chapter 1 of part I of the Foreign 

Assistance Act of 1961, notwithstanding such funding designation: Provided further, That the authority of the previous proviso shall be subject to prior consultation with, 

and the regular notification procedures of, the Committees 

on Appropriations. 

(C) Of the funds appropriated under title III of this Act 

for assistance for basic education programs, not less than 

$75,000,000 shall be made available for a contribution to 

multilateral partnerships that support education. 

(2) HIGHER EDUCATION.—Of the funds appropriated by title III of this Act, not less than $235,000,000 shall be made available for assistance for higher education, including not less than 

$35,000,000 for new and ongoing partnerships for human and 

institutional capacity building between higher education institutions in the United States and developing countries: Provided, That such funds may be made available notwithstanding 

any other provision of law that restricts assistance to foreign 

countries, and shall be subject to the regular notification procedures of the Committees on Appropriations. 

(b) DEVELOPMENT PROGRAMS.—Of the funds appropriated by this 

Act under the heading ‘‘Development Assistance’’, not less than 

$26,000,000 shall be made available for the American Schools and 

Hospitals Abroad program, and not less than $12,000,000 shall be 

made available for cooperative development programs of USAID. 

(c) ENVIRONMENT PROGRAMS.—

(1) AUTHORITY AND NOTIFICATION REQUIREMENT.—

(A) Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part 

II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, except for the 

provisions of this subsection, to support environment programs.

(B) No funds are appropriated or otherwise made available by this Act for a contribution, grant, or other payment 

to the Green Climate Fund. 

(C) Funds made available pursuant to this subsection 

shall be subject to the regular notification procedures of 

the Committees on Appropriations. 

(2) CONSERVATION PROGRAMS AND LIMITATIONS.—

(A) Of the funds appropriated under title III of this Act, 

not less than $265,000,000 shall be made available for biodiversity conservation programs. 

(B) Not less than $90,664,000 of the funds appropriated 

under titles III and IV of this Act shall be made available 
1544

to combat the transnational threat of wildlife poaching and 

trafficking.

(C) None of the funds appropriated under title IV of this 

Act may be made available for training or other assistance 

for any military unit or personnel that the Secretary of 

State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the Committees on Appropriations that to 

do so is in the national security interest of the United 

States.

(D) Funds appropriated by this Act for biodiversity programs shall not be used to support the expansion of industrial scale logging or any other industrial scale extractive 

activity into areas that were primary/intact tropical forests 

as of December 30, 2013, and the Secretary of the Treasury shall instruct the United States executive directors of 

each international financial institutions (IFI) to vote 

against any financing of any such activity. 

(3) LARGE DAMS.—The Secretary of the Treasury shall instruct the United States executive director of each IFI that it 

is the policy of the United States to vote in relation to any 

loan, grant, strategy, or policy of such institution to support 

the construction of any large dam consistent with the criteria 

set forth in Senate Report 114–79, while also considering 

whether the project involves important foreign policy objectives.

(4) SUSTAINABLE LANDSCAPES.—Of the funds appropriated under title III of this Act, not less than $123,500,000 shall be 

made available for sustainable landscapes programs. 

(d) FOOD SECURITY AND AGRICULTURAL DEVELOPMENT.—Of the 

funds appropriated by title III of this Act, not less than 

$1,000,600,000 should be made available for food security and agricultural development programs, of which not less than $50,000,000 

shall be made available for the Feed the Future Innovation Labs: 

Provided, That such funds may be made available for a United 

States contribution to the endowment of the Global Crop Diversity 

Trust.

(e) MICROENTERPRISE AND MICROFINANCE.—Of the funds appropriated by this Act, not less than $265,000,000 should be made 

available for microenterprise and microfinance development programs for the poor, especially women. 

(f) PROGRAMS TO COMBAT TRAFFICKING IN PERSONS AND MODERN

SLAVERY.—

(1) TRAFFICKING IN PERSONS.—Of the funds appropriated by 

this Act under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eurasia and 

Central Asia’’, and ‘‘International Narcotics Control and Law 

Enforcement’’, not less than $64,800,000 shall be made available for activities to combat trafficking in persons internationally, of which not less than $40,000,000 shall be from funds 

made available under the heading ‘‘International Narcotics 

Control and Law Enforcement’’: Provided, That funds made 

available pursuant to this paragraph shall be made available 

to support a multifaceted approach to combat human traf-
1545

ficking in Guatemala: Provided further, That not later than 

120 days after enactment of this Act, the Secretary of State 

shall submit a report to the Committees on Appropriations on 

the requirements enumerated under this section in House Report 114–693. 

(2) MODERN SLAVERY.—Funds appropriated by this Act 

under the heading ‘‘International Narcotics Control and Law 

Enforcement’’ shall be made available for the purposes authorized by section 1298 of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328): Provided, That 

such funds are in addition to funds made available pursuant 

to paragraph (1), and shall be made available on an open and 

competitive basis: Provided further, That funds made available 

pursuant to this paragraph shall be made available subject to 

the regular notification procedures of the Committees on Appropriations.

(3) COORDINATION.—The Secretary of State and the USAID 

Administrator, as appropriate, shall establish and implement 

guidelines to ensure that programs funded by paragraphs (1) 

and (2) to combat trafficking in persons and modern slavery 

are coordinated and complementary, and not duplicative. 

(g) RECONCILIATION PROGRAMS.—Of the funds appropriated by 

this Act under the headings ‘‘Economic Support Fund’’, ‘‘Assistance 

for Europe, Eurasia and Central Asia’’, and ‘‘Development Assistance’’, not less than $26,000,000 shall be made available to support 

people-to-people reconciliation programs which bring together individuals of different ethnic, religious, and political backgrounds from 

areas of civil strife and war: Provided, That the USAID Administrator shall consult with the Committees on Appropriations, prior 

to the initial obligation of funds, on the uses of such funds, and 

such funds shall be subject to the regular notification procedures 

of the Committees on Appropriations: Provided further, That to the 

maximum extent practicable, such funds shall be matched by 

sources other than the United States Government. 

(h) WATER AND SANITATION.—Of the funds appropriated by this Act, not less than $400,000,000 shall be made available for water 

supply and sanitation projects pursuant to the Senator Paul Simon 

Water for the Poor Act of 2005 (Public Law 109–121), of which not 

less than $145,000,000 shall be for programs in sub-Saharan Africa, and of which not less than $14,000,000 shall be made available 

for programs to design and build safe, public latrines in Africa and 

Asia.

OVERSEAS PRIVATE INVESTMENT CORPORATION

SEC. 7061. (a) TRANSFER OF FUNDS.—Whenever the President determines that it is in furtherance of the purposes of the Foreign Assistance Act of 1961, up to a total of $20,000,000 of the funds appropriated under title III of this Act may be transferred to, and 

merged with, funds appropriated by this Act for the Overseas Private Investment Corporation Program Account, to be subject to the 

terms and conditions of that account: Provided, That such funds 

shall not be available for administrative expenses of the Overseas 

Private Investment Corporation: Provided further, That designated 

funding levels in this Act shall not be transferred pursuant to this 
1546

section: Provided further, That the exercise of such authority shall 

be subject to the regular notification procedures of the Committees 

on Appropriations. 

(b) AUTHORITY.—Notwithstanding section 235(a)(2) of the Foreign 

Assistance Act of 1961, the authority of subsections (a) through (c) 

of section 234 of such Act shall remain in effect until September 

30, 2017. 

ARMS TRADE TREATY

SEC. 7062. None of the funds appropriated by this Act may be 

obligated or expended to implement the Arms Trade Treaty until 

the Senate approves a resolution of ratification for the Treaty. 

INSPECTORS GENERAL

SEC. 7063. (a) PROHIBITION ON USE OF FUNDS.—None of the 

funds appropriated by this Act may be used to deny an Inspector 

General funded under this Act timely access to any records, documents, or other materials available to the department or agency of 

the United States Government over which such Inspector General 

has responsibilities under the Inspector General Act of 1978 (5 

U.S.C. App.), or to prevent or impede the access of such Inspector 

General to such records, documents, or other materials, under any 

provision of law, except a provision of law that expressly refers to 

such Inspector General and expressly limits the right of access of 

such Inspector General. 

(b) TIMELY ACCESS.—A department or agency of the United 

States Government covered by this section shall provide its Inspector General access to all records, documents, and other materials 

in a timely manner. 

(c) COMPLIANCE.—Each Inspector General covered by this section 

shall ensure compliance with statutory limitations on disclosure 

relevant to the information provided by the department or agency 

over which that Inspector General has responsibilities under the 

Inspector General Act of 1978 (5 U.S.C. App.). 

(d) REPORT REQUIREMENT.—Each Inspector General covered by 

this section shall report to the Committees on Appropriations within 5 calendar days of any failure by any department or agency of 

the United States Government to provide its Inspector General access to all requested records, documents, and other materials. 

REPORTING REQUIREMENTS CONCERNING INDIVIDUALS DETAINED AT

NAVAL STATION, GUANTA ́ NAMO BAY, CUBA

SEC. 7064. Not later than 5 days after the conclusion of an agreement with a country, including a state with a compact of free association with the United States, to receive by transfer or release individuals detained at United States Naval Station, Guanta ́namo

Bay, Cuba, the Secretary of State shall notify the Committees on 

Appropriations in writing of the terms of the agreement, including 

whether funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and 

related programs will be made available for assistance for such 

country pursuant to such agreement. 
1547

MULTI-YEAR PLEDGES

SEC. 7065. None of the funds appropriated by this Act may be 

used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this Act 

unless such pledge was— 

(1) previously justified, including the projected future year 

costs, in a congressional budget justification; 

(2) included in an Act making appropriations for the Department of State, foreign operations, and related programs or previously authorized by an Act of Congress; 

(3) notified in accordance with the regular notification procedures of the Committees on Appropriations, including the projected future year costs; or 

(4) the subject of prior consultation with the Committees on 

Appropriations and such consultation was conducted at least 7 

days in advance of the pledge. 

PROHIBITION ON USE OF TORTURE

SEC. 7066. (a) LIMITATION.—None of the funds made available in 

this Act may be used to support or justify the use of torture, cruel, 

or inhumane treatment by any official or contract employee of the 

United States Government. 

(b) ASSISTANCE TO ELIMINATE TORTURE.—Funds appropriated 

under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and following consultation with the Committees on Appropriations, for assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds appropriated by this Act. 

EXTRADITION

SEC. 7067. (a) LIMITATION.—None of the funds appropriated in 

this Act may be used to provide assistance (other than funds provided under the headings ‘‘International Disaster Assistance’’, 

‘‘Complex Crises Fund’’, ‘‘International Narcotics Control and Law 

Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘United States 

Emergency Refugee and Migration Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Assistance’’) 

for the central government of a country which has notified the Department of State of its refusal to extradite to the United States 

any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole 

or for killing a law enforcement officer, as specified in a United 

States extradition request. 

(b) CLARIFICATION.—Subsection (a) shall only apply to the central 

government of a country with which the United States maintains 

diplomatic relations and with which the United States has an extradition treaty and the government of that country is in violation 

of the terms and conditions of the treaty. 

(c) WAIVER.—The Secretary of State may waive the restriction in 

subsection (a) on a case-by-case basis if the Secretary certifies to 

the Committees on Appropriations that such waiver is important to 

the national interests of the United States. 
1548

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 7068. Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt, and the 

North Atlantic Treaty Organization (NATO), and major non-NATO 

allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial 

suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign 

policy or national security reasons for those defense articles being 

provided by commercial lease rather than by government-to-government sale under such Act. 

COUNTRY TRANSITION PLAN

SEC. 7069. Any bilateral country assistance strategy developed 

after the date of enactment of this Act for the provision of assistance for a foreign country in this fiscal year shall include a transition plan identifying end goals and options for winding down, within a targeted period of years, such bilateral assistance: Provided,

That such transition plan shall be developed by the Secretary of 

State, in consultation with the Administrator of the United States 

Agency for International Development, the heads of other relevant 

Federal agencies, and officials of such foreign government and representatives of civil society, as appropriate. 

COUNTERING RUSSIAN INFLUENCE AND AGGRESSION

SEC. 7070. (a) LIMITATION.—None of the funds appropriated by 

this Act may be made available for assistance for the central Government of the Russian Federation. 

(b) ANNEXATION OF CRIMEA.—

(1) None of the funds appropriated by this Act may be made 

available for assistance for the central government of a country 

that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended 

to support or be supportive of the Russian Federation annexation of Crimea: Provided, That except as otherwise provided 

in subsection (a), the Secretary may waive the restriction on 

assistance required by this paragraph if the Secretary determines and reports to such Committees that to do so is in the 

national interest of the United States, and includes a justification for such interest. 

(2) None of the funds appropriated by this Act may be made 

available for— 

(A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea;

(B) the facilitation, financing, or guarantee of United 

States Government investments in Crimea, if such activity 

includes the participation of Russian Government officials, 

or other Russian owned or controlled financial entities; or 
1549

(C) assistance for Crimea, if such assistance includes the 

participation of Russian Government officials, or other 

Russian owned or controlled financial entities. 

(3) The Secretary of the Treasury shall instruct the United 

States executive directors of each international financial institution to vote against any assistance by such institution (including any loan, credit, or guarantee) for any program that 

violates the sovereignty or territorial integrity of Ukraine. 

(4) The requirements and limitations of this subsection shall 

cease to be in effect if the Secretary of State determines and 

reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea. 

(c) OCCUPATION OF THE GEORGIAN TERRITORIES OF ABKHAZIA AND

TSKHINVALI REGION/SOUTH OSSETIA.— (1) None of the funds appropriated by this Act may be made 

available for assistance for the central government of a country 

that the Secretary of State determines and reports to the Committees on Appropriations has recognized the independence of, 

or has established diplomatic relations with, the Russian occupied Georgian territories of Abkhazia and Tskhinvali Region/ 

South Ossetia: Provided, That the Secretary shall publish on 

the Department of State Web site a list of any such central 

governments in a timely manner: Provided further, That the 

Secretary may waive the restriction on assistance required by 

this paragraph if the Secretary determines and reports to the 

Committees on Appropriations that to do so is in the national 

interest of the United States, and includes a justification for 

such interest. 

(2) None of the funds appropriated by this Act may be made 

available to support the Russian occupation of the Georgian 

territories of Abkhazia and Tskhinvali Region/South Ossetia. 

(3) The Secretary of the Treasury shall instruct the United 

States executive directors of each international financial institution to vote against any assistance by such institution (including any loan, credit, or guarantee) for any program that 

violates the sovereignty and territorial integrity of Georgia. 

(4) Not later than 90 days after enactment of this Act, the 

Secretary of State shall submit to the appropriate congressional committees a report on actions taken by the Russian 

Federation to further consolidate the occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South 

Ossetia, including the estimated annual costs of such occupation.

(d) ASSISTANCE TO COUNTER INFLUENCE AND AGGRESSION.—

(1) Of the funds appropriated by this Act under the headings 

‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘International Narcotics Control and Law Enforcement’’, and ‘‘Foreign Military Financing Program’’, not less than $100,000,000 

shall be made available for assistance to counter Russian influence and aggression in countries in Europe and Eurasia: Provided, That such funds shall be referred to as the Countering 

Russian Influence Fund (the Fund), and be made available to 

civil society organizations and other entities in such countries 

for rule of law, media, cyber, and other programs that 
1550

strengthen democratic institutions and processes, and counter 

Russian influence and aggression: Provided further, That not 

later than 45 days after enactment of this Act, the Secretary 

of State, in consultation with the USAID Administrator, shall 

submit a spend plan to the Committees on Appropriations detailing the proposed uses of the Fund on a country-by-country 

basis: Provided further, That such funds shall be in addition to 

amounts made available for bilateral assistance for such countries.

(2) Funds appropriated by this Act and made available for 

assistance for the Eastern Partnership countries shall be made 

available to advance the implementation of Association Agreements and trade agreements with the European Union, and to 

reduce their vulnerability to external economic and political 

pressure from the Russian Federation. 

(e) DEMOCRACY PROGRAMS.—Funds appropriated by this Act 

shall be made available to support democracy programs in the Russian Federation, including to promote Internet freedom, and shall 

also be made available to support the democracy and rule of law 

strategy required by section 7071(d) of the Department of State, 

Foreign Operations, and Related Programs Appropriations Act, 

2014 (division K of Public Law 113–76). 

(f) REPORTS.—Not later than 45 days after enactment of this Act, 

the Secretary of State shall update the reports required by section 

7071(b)(2), (c), and (e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K 

of Public Law 113–76). 

INTERNATIONAL MONETARY FUND

SEC. 7071. (a) EXTENSIONS.—The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department of State, 

Foreign Operations, and Related Programs Appropriations Act, 

2010 (division F of Public Law 111–117) shall apply to this Act. 

(b) REPAYMENT.—The Secretary of the Treasury shall instruct 

the United States Executive Director of the International Monetary 

Fund (IMF) to seek to ensure that any loan will be repaid to the 

IMF before other private creditors. 

SPECIAL DEFENSE ACQUISITION FUND

SEC. 7072. Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the purposes of the Special Defense Acquisition Fund (the Fund), to remain available for obligation until September 30, 2019: Provided,

That the provision of defense articles and defense services to foreign countries or international organizations from the Fund shall 

be subject to the concurrence of the Secretary of State. 

STABILITY AND DEVELOPMENT IN REGIONS IMPACTED BY EXTREMISM

AND CONFLICT

SEC. 7073. (a) COUNTERING FOREIGN FIGHTERS AND EXTREMIST

ORGANIZATIONS, AND STRENGTHENING THE STATE SYSTEM.—

(1) Not later than 30 days after enactment of this Act and 

prior to the initial obligation of funds made available by this 
1551

Act for the purposes of this subsection, the Secretary of State, 

in consultation with the Administrator of the United States 

Agency for International Development and the heads of relevant United States Government agencies, shall submit to the 

appropriate congressional committees a joint strategy to 

counter and defeat violent extremism and foreign fighters 

abroad, which shall include components to— 

(A) counter the recruitment, radicalization, movement, 

and financing of such extremists and foreign fighters; 

(B) secure borders of countries impacted by extremism; 

(C) assist countries impacted by extremism to implement 

and establish criminal laws and policies to counter extremists and foreign fighters; and 

(D) promote and strengthen democratic institutions and 

practices in countries impacted by extremism: 

Provided, That such strategy shall include a detailed description of proposed monitoring, oversight, and vetting procedures. 

(2) Funds appropriated under titles III and IV of this Act 

shall be made available for programs and activities to implement the strategy required in paragraph (1) in a manner consistent with all applicable laws, regulations, and policies regarding the use of foreign assistance funds: Provided, That the 

Secretary of State shall promptly inform the appropriate congressional committees of each instance in which assistance provided pursuant to this subsection has been diverted or destroyed, to include the type and amount of assistance, a description of the incident and parties involved, and an explanation of the response of the Department of State or USAID, 

as appropriate: Provided further, That the Secretary of State 

shall ensure such programs are coordinated with and complement the efforts of other United States Government agencies and international partners: Provided further, That the Secretary shall also ensure that information gained through the 

conduct of such programs is shared in a timely manner with 

relevant United States Government agencies and other international partners, as appropriate. 

(3) Funds made available pursuant to this subsection are 

subject to the regular notification procedures of the Committees on Appropriations. 

(b) COUNTRIES IMPACTED BY SIGNIFICANT REFUGEE POPULATIONS

OR INTERNALLY DISPLACED PERSONS.—Funds appropriated by this 

Act under the headings ‘‘Development Assistance’’ and ‘‘Economic 

Support Fund’’ shall be made available for programs in countries 

affected by significant populations of internally displaced persons 

or refugees to— 

(1) expand and improve host government social services and 

basic infrastructure to accommodate the needs of such populations and persons; 

(2) alleviate the social and economic strains placed on host 

communities, including through programs to promote livelihoods, vocational training, and formal and informal education; 

(3) improve coordination of such assistance in a more effective and sustainable manner; and 
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(4) leverage increased assistance from donors other than the 

United States Government for central governments and local 

communities in such countries: 

Provided, That the Secretary of State shall periodically inform the 

Committees on Appropriations of the amount and specific uses of 

funds made available for the purposes of this subsection. 

ENTERPRISE FUNDS

SEC. 7074. (a) NOTIFICATION REQUIREMENT.—None of the funds 

made available under titles III through VI of this Act may be made 

available for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance. 

(b) DISTRIBUTION OF ASSETS PLAN.—Prior to the distribution of 

any assets resulting from any liquidation, dissolution, or winding 

up of an Enterprise Fund, in whole or in part, the President shall 

submit to the appropriate congressional committees a plan for the 

distribution of the assets of the Enterprise Fund. 

(c) TRANSITION OR OPERATING PLAN.—Prior to a transition to and 

operation of any private equity fund or other parallel investment 

fund under an existing Enterprise Fund, the President shall submit such transition or operating plan to the appropriate congressional committees. 

USE OF FUNDS IN CONTRAVENTION OF THIS ACT

SEC. 7075. If the President makes a determination not to comply 

with any provision of this Act on constitutional grounds, the head 

of the relevant Federal agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the 

basis for such determination and any resulting changes to program 

and policy. 

BUDGET DOCUMENTS

SEC. 7076. (a) OPERATING AND REORGANIZATION PLANS.— (1) Not later than 45 days after the date of enactment of this 

Act, each department, agency, or organization funded in titles 

I, II, and VI of this Act, and the Department of the Treasury 

and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the United States 

African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in 

fiscal year 2017, that provides details of the uses of such funds 

at the program, project, and activity level: Provided, That such 

plans shall include, as applicable, a comparison between the 

congressional budget justification funding levels, the most recent congressional directives or approved funding levels, and 

the funding levels proposed by the department or agency; and 

a clear, concise, and informative description/justification: Provided further, That if such department, agency, or organization 

receives an additional amount under the same heading in title 

VIII of this Act, operating plans required by this subsection 

shall include consolidated information on all such funds: Pro-
1553

vided further, That operating plans that include changes in 

levels of funding for programs, projects, and activities specified 

in the congressional budget justification, in this Act, or 

amounts specifically designated in the respective tables included in the explanatory statement described in section 4 (in 

the matter preceding division A of this Consolidated Act), as 

applicable, shall be subject to the notification and reprogramming requirements of section 7015 of this Act. 

(2) Concurrent with the submission of an operating plan pursuant to paragraph (1), each covered department, agency, or 

organization shall submit to the Committees on Appropriations 

a report detailing any planned reorganization of such department, agency, or organization, including any action planned 

pursuant to the March 31, 2017 Executive Order 13781 on a 

Comprehensive Plan for Reorganizing the Executive Branch, 

including—

(A) a detailed organization chart, including a brief description of each operating unit; 

(B) the number of employees for each operating unit; 

(C) the current policy for supporting the operations of 

the National Security Council (NSC) through the detail of 

agency staff, including staff projected to be detailed to the 

NSC during fiscal year 2018, if applicable; and 

(D) a detailed explanation of the policies and procedures 

currently or expected to be used to comply with Executive 

Order 13781, including an assessment of how national security interests will be served by any proposed reorganizations.

(b) SPEND PLANS.—

(1) Prior to the initial obligation of funds, the Secretary of 

State or Administrator of the United States Agency for International Development, as appropriate, shall submit to the 

Committees on Appropriations a spend plan for funds made 

available by this Act, for— 

(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan, 

and the West Bank and Gaza; 

(B) Power Africa and the regional security initiatives 

listed under this section in House Report 114–693: Provided, That the spend plan for such initiatives shall include the amount of assistance planned for each country 

by account, to the maximum extent practicable; and 

(C) democracy programs, programs to support section 

7073(a) of this Act, and sectors enumerated in subsections 

(a), (c)(2), (d), (e), (f), (g), and (h) of section 7060 of this 

Act.

(2) Not later than 45 days after enactment of this Act, the 

Secretary of the Treasury shall submit to the Committees on 

Appropriations a detailed spend plan for funds made available 

by this Act under the heading ‘‘Department of the Treasury, 

International Affairs Technical Assistance’’ in title III. 

(c) SPENDING REPORT.—Not later than 45 days after enactment 

of this Act, the USAID Administrator shall submit to the Committees on Appropriations a detailed report on spending of funds made 
1554

available during fiscal year 2016 under the heading ‘‘Development 

Credit Authority’’. 

(d) NOTIFICATIONS.—The spend plans referenced in subsection (b) 

shall not be considered as meeting the notification requirements in 

this Act or under section 634A of the Foreign Assistance Act of 

1961.

(e) CONGRESSIONAL BUDGET JUSTIFICATION.— (1) The congressional budget justification for Department of 

State operations and foreign operations shall be provided to 

the Committees on Appropriations concurrent with the date of 

submission of the President’s budget for fiscal year 2018: Provided, That the appendices for such justification shall be provided to the Committees on Appropriations not later than 10 

calendar days thereafter. 

(2) The Secretary of State and the USAID Administrator 

shall include in the congressional budget justification a detailed justification for multi-year availability for any funds requested under the headings ‘‘Diplomatic and Consular Programs’’ and ‘‘Operating Expenses’’. 

REPORTS AND RECORDS MANAGEMENT

SEC. 7077. (a) PUBLIC POSTING OF REPORTS.— (1) REQUIREMENT.—Any agency receiving funds made available by this Act shall, subject to paragraphs (2) and (3), post 

on the publicly available Web site of such agency any report 

required by this Act to be submitted to the Committees on Appropriations, upon a determination by the head of such agency 

that to do so is in the national interest. 

(2) EXCEPTIONS.—Paragraph (1) shall not apply to a report 

if—

(A) the public posting of such report would compromise 

national security, including the conduct of diplomacy; or 

(B) the report contains proprietary, privileged, or sensitive information. 

(3) TIMING AND INTENTION.—The head of the agency posting 

such report shall, unless otherwise provided for in this Act, do 

so only after such report has been made available to the Committees on Appropriations for not less than 45 days: Provided, That any report required by this Act to be submitted to the 

Committees on Appropriations shall include information from 

the submitting agency on whether such report will be publicly 

posted.

(b) REQUESTS FOR DOCUMENTS.—None of the funds appropriated 

or made available pursuant to titles III through VI of this Act shall 

be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, 

file, or record necessary to the auditing requirements of the Department of State and the United States Agency for International 

Development.

(c) RECORDS MANAGEMENT.—

(1) LIMITATION.—None of the funds appropriated by this Act 

under the headings ‘‘Diplomatic and Consular Programs’’ and 

‘‘Capital Investment Fund’’ in title I, and ‘‘Operating Expenses’’ 

and ‘‘Capital Investment Fund’’ in title II that are made avail-
1555

able to the Department of State and USAID may be made 

available to support the use or establishment of email accounts 

or email servers created outside the .gov domain or not fitted 

for automated records management as part of a Federal government records management program in contravention of the 

Presidential and Federal Records Act Amendments of 2014 

(Public Law 113–187). 

(2) DIRECTIVES.—The Secretary of State and USAID Administrator shall— 

(A) update the policies, directives, and oversight necessary to comply with Federal statutes, regulations, and 

presidential executive orders and memoranda concerning 

the preservation of all records made or received in the conduct of official business, including record emails, instant 

messaging, and other online tools; 

(B) use funds appropriated by this Act under the headings ‘‘Diplomatic and Consular Programs’’ and ‘‘Capital Investment Fund’’ in title I, and ‘‘Operating Expenses’’ and 

‘‘Capital Investment Fund’’ in title II, as appropriate, to 

improve Federal records management pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33) 

and other applicable Federal records management statutes, regulations, or policies for the Department of State 

and USAID; 

(C) direct departing employees that all Federal records 

generated by such employees, including senior officials, belong to the Federal Government; and 

(D) significantly improve the response time for identifying and retrieving Federal records, including requests 

made pursuant to the Freedom of Information Act. 

(3) REPORT.—Not later than 45 days after enactment of this 

Act, the Secretary of State and USAID Administrator shall 

each submit a report to the Committees on Appropriations and 

to the National Archives and Records Administration detailing, 

as appropriate and where applicable— 

(A) any updates or modifications made to the policy of 

each agency regarding the use or the establishment of 

email accounts or email servers created outside the .gov 

domain or not fitted for automated records management as 

part of a Federal government records management program since the submission to the Committees on Appropriations on January 20, 2016, of the report required by 

section 7077(c)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 

(division K of Public Law 114–113); 

(B) the extent to which each agency is in compliance 

with applicable Federal records management statutes, regulations, and policies, including meeting Directive goal 1.2 

of the Managing Government Records Directive (M–12–18) 

by December 31, 2016; and 

(C) any steps taken since the submission of the report 

referenced in subparagraph (A) to— 

(i) comply with paragraph (1)(B) of this subsection; 
1556

(ii) ensure that all employees at every level have 

been instructed in procedures and processes to ensure 

that the documentation of their official duties is captured, preserved, managed, protected, and accessible 

in official Government systems of the Department of 

State and USAID; 

(iii) implement recommendations 1 and 4 made by 

the Office of the Inspector General (OIG), Department 

of State, in the January 2016 Evaluation of the Department of State’s FOIA Process for Requests Involving the Office of the Secretary (ESP-16-01); 

(iv) reduce the backlog of Freedom of Information 

Act (FOIA) and Congressional oversight requests, and 

measurably improve the response time for answering 

such requests; and 

(v) strengthen cyber security measures to mitigate 

vulnerabilities, including those resulting from the use 

of personal email accounts or servers outside the .gov 

domain and implement the recommendations of the 

OIG in the May 2016 Evaluation of Email Records 

Management and Cybersecurity Requirements (ESP– 

16–03).

(4) IMPLEMENTATION AND OPERATING PLAN.—The reports required by paragraph (3) shall be submitted by the Secretary of 

State or USAID Administrator simultaneously with the operating plans required by section 7076 of this Act for funds appropriated under the headings listed in paragraph (1), and 

shall include an operating plan and timeline, as applicable, 

for—

(A) implementing the recommendations of the OIG reports referenced in clauses (iii) and (v); and 

(B) measurably reducing the FOIA and Congressional 

oversight requests backlog. 

(5) REPORT ASSESSMENT.—Not later than 180 days after the 

submission of the reports required by paragraph (3), the Comptroller General of the United States, in consultation with National Archives and Records Administration, as appropriate, 

shall conduct an assessment of such reports, and shall consult 

with the Committees on Appropriations on the scope and requirements of such assessment. 

GLOBAL INTERNET FREEDOM

SEC. 7078. (a) FUNDING.—Of the funds available for obligation 

during fiscal year 2017 under the headings ‘‘International Broadcasting Operations’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, 

and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not less 

than $50,500,000 shall be made available for programs to promote 

Internet freedom globally: Provided, That such programs shall be 

prioritized for countries whose governments restrict freedom of expression on the Internet, and that are important to the national interests of the United States: Provided further, That funds made 

available pursuant to this section shall be matched, to the maximum extent practicable, by sources other than the United States 

Government, including from the private sector. 
1557

(b) REQUIREMENTS.—

(1) Funds appropriated by this Act under the headings ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for 

Europe, Eurasia and Central Asia’’ that are made available 

pursuant to subsection (a) shall be— 

(A) coordinated with other democracy programs funded 

by this Act under such headings, and shall be incorporated 

into country assistance and democracy promotion strategies, as appropriate; 

(B) made available to the Bureau of Democracy, Human 

Rights, and Labor, Department of State, for programs to 

implement the May 2011, International Strategy for 

Cyberspace; the Department of State International Cyberspace Policy Strategy required by section 402 of the Cybersecurity Act of 2015 (division N of Public Law 114–113); 

and the comprehensive strategy to promote Internet freedom and access to information in Iran, as required by section 414 of the Iran Threat Reduction and Syria Human 

Rights Act of 2012 (22 U.S.C. 8754); 

(C) made available for programs that support the efforts 

of civil society to counter the development of repressive 

Internet-related laws and regulations, including countering 

threats to Internet freedom at international organizations; 

to combat violence against bloggers and other users; and 

to enhance digital security training and capacity building 

for democracy activists; 

(D) made available for research of key threats to Internet freedom; the continued development of technologies 

that provide or enhance access to the Internet, including 

circumvention tools that bypass Internet blocking, filtering, and other censorship techniques used by authoritarian governments; and maintenance of the technological 

advantage of the United States Government over such censorship techniques: Provided, That the Secretary of State, 

in consultation with the Chief Executive Officer (CEO) of 

the Broadcasting Board of Governors (BBG), shall coordinate any such research and development programs with 

other relevant United States Government departments and 

agencies in order to share information, technologies, and 

best practices, and to assess the effectiveness of such technologies; and 

(E) the responsibility of the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. 

(2) Funds appropriated by this Act under the heading ‘‘International Broadcasting Operations’’ that are made available 

pursuant to subsection (a) shall be— 

(A) made available only for tools and techniques to securely develop and distribute BBG digital content; facilitate audience access to such content on Web sites that are 

censored; coordinate the distribution of BBG digital content to targeted regional audiences; and to promote and 

distribute such tools and techniques, including digital security techniques; 
1558

(B) coordinated with programs funded by this Act under 

the heading ‘‘International Broadcasting Operations’’, and 

shall be incorporated into country broadcasting strategies, 

as appropriate; 

(C) coordinated by the BBG CEO to provide Internet circumvention tools and techniques for audiences in countries 

that are strategic priorities for the BBG and in a manner 

consistent with the BBG Internet freedom strategy; and 

(D) made available for the research and development of 

new tools or techniques authorized in paragraph (A) only 

after the BBG CEO, in consultation with the Secretary of 

State and other relevant United States Government departments and agencies, evaluates the risks and benefits 

of such new tools or techniques, and establishes safeguards 

to minimize the use of such new tools or techniques for illicit purposes. 

(c) COORDINATION AND SPEND PLANS.—After consultation among 

the relevant agency heads to coordinate and de-conflict planned activities, but not later than 90 days after enactment of this Act, the 

Secretary of State and the BBG CEO shall submit to the Committees on Appropriations spend plans for funds made available by 

this Act for programs to promote Internet freedom globally, which 

shall include a description of safeguards established by relevant 

agencies to ensure that such programs are not used for illicit purposes: Provided, That the Department of State spend plan shall include funding for all such programs for all relevant Department of 

State and USAID offices and bureaus: Provided further, That prior 

to the obligation of such funds, such offices and bureaus shall consult with the Assistant Secretary for Democracy, Human Rights, 

and Labor, Department of State, to ensure that such programs support the Department of State Internet freedom strategy. 

IMPACT ON JOBS IN THE UNITED STATES

SEC. 7079. None of the funds appropriated or otherwise made 

available under titles III through VI of this Act may be obligated 

or expended to provide— 

(1) any financial incentive to a business enterprise currently 

located in the United States for the purpose of inducing such 

an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; 

(2) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers’ 

rights, as defined in section 507(4) of the Trade Act of 1974, 

of workers in the recipient country, including any designated 

zone or area in that country: Provided, That the application of 

section 507(4)(D) and (E) of such Act should be commensurate 

with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in 

such country, micro and small-scale enterprise, and 

smallholder agriculture; 
1559

(3) any assistance to an entity outside the United States if 

such assistance is for the purpose of directly relocating or 

transferring jobs from the United States to other countries and 

adversely impacts the labor force in the United States; or 

(4) for the enforcement of any rule, regulation, policy, or 

guidelines implemented pursuant to— 

(A) the third proviso of subsection 7079(b) of the Consolidated Appropriations Act, 2010; 

(B) the modification proposed by the Overseas Private 

Investment Corporation in November 2013 to the Corporation’s Environmental and Social Policy Statement relating 

to coal; or 

(C) the Supplemental Guidelines for High Carbon Intensity Projects approved by the Export-Import Bank of the 

United States on December 12, 2013, 

when enforcement of such rule, regulation, policy, or guidelines 

would prohibit, or have the effect of prohibiting, any coal-fired 

or other power-generation project the purpose of which is to: (i) 

provide affordable electricity in International Development Association (IDA)-eligible countries and IDA-blend countries; and 

(ii) increase exports of goods and services from the United 

States or prevent the loss of jobs from the United States. 

FRAGILE STATES AND EXTREMISM

SEC. 7080. (a) FUNDING.—Funds appropriated by this Act under 

the heading ‘‘Economic Support Fund’’ that are made available for 

assistance for Syria, Iraq, and Somalia shall be made available to 

carry out the purposes of this section, subject to prior consultation 

with, and the regular notification procedures of, the Committees on 

Appropriations.

(b) COMPREHENSIVE PLAN.—Funds made available pursuant to 

subsection (a) shall be transferred to, and merged with, funds appropriated by this Act under the heading ‘‘United States Institute 

of Peace’’ for the purposes of developing a comprehensive plan (the 

Plan) to prevent the underlying causes of extremism in fragile 

states in the Sahel, Horn of Africa, and the Near East: Provided,

That such funds are in addition to amounts otherwise available to 

the United States Institute of Peace (USIP) under title I of this 

Act: Provided further, That USIP shall consult with the Committees on Appropriations prior to developing such Plan: Provided further, That USIP shall also consult with relevant United States 

Government agencies, foreign governments, and civil society, as appropriate, in developing the Plan. 

(c) DEMONSTRATION PROJECT.—Funds made available by subsection (a) shall be made available to implement the Plan required 

by subsection (b) through a demonstration project, consistent with 

the requirements described in section 7073(d)(2) of S. 3117 (as introduced in the Senate on June 29, 2016): Provided, That such 

funds shall be made available to the maximum extent practicable 

on a cost-matching basis from sources other than the United States 

Government.
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CONSULAR AND BORDER SECURITY PROGRAMS

SEC. 7081. (a) SEPARATE FUND.—There is established in the 

Treasury a separate fund to be known as the ‘‘Consular and Border 

Security Programs’’ account into which the following fees shall be 

deposited for the purposes of the consular and border security programs.

(b) MACHINE-READABLE VISA FEE.—Section 103(d) of Public Law 

107–173 (8 U.S.C. 1713) is amended by striking ‘‘credited as an offsetting collection to any appropriation for the Department of State’’ 

and inserting ‘‘deposited in the Consular and Border Security Programs account’’. 

(c) PASSPORT AND IMMIGRANT VISA SECURITY SURCHARGES.—The

fourth paragraph under the heading ‘‘Diplomatic and Consular Programs’’ in title IV of division B of Public Law 108–447 (8 U.S.C. 

1714) is amended by striking ‘‘credited to this account’’ and inserting ‘‘deposited in the Consular and Border Security Programs account’’.

(d) DIVERSITY IMMIGRANT LOTTERY FEE.—Section 636 of title VI, 

division C of Public Law 104–208 (8 U.S.C. 1153 note) is amended 

by striking ‘‘as an offsetting collection to any Department of State 

appropriation’’ and inserting ‘‘in the Consular and Border Security 

Programs account’’. 

(e) AFFIDAVIT OF SUPPORT FEE.—Section 232(c) of title II of division A of H.R. 3427 (106th Congress) (incorporated by reference by 

section 1000(a)(7) of division B of Public Law 106–113, as amended 

(8 U.S.C. 1183a note), is further amended by striking ‘‘as an offsetting collection to any Department of State appropriation’’ and inserting ‘‘in the Consular and Border Security Programs account’’. 

(f) WESTERN HEMISPHERE TRAVEL INITIATIVE SURCHARGE.—Subsection (b)(1) of section 1 of the Passport Act of June 4, 1920 (22 

U.S.C. 214(b)(1)) is amended by striking ‘‘as an offsetting collection 

to the appropriate Department of State appropriation’’ and inserting ‘‘in the Consular and Border Security Programs account’’. 

(g) EXPEDITED PASSPORT FEE.—The first proviso under the heading ‘‘Diplomatic and Consular Programs’’ in title V of Public Law 

103–317 (22 U.S.C. 214 note) is amended by inserting ‘‘or in the 

Consular and Border Security Programs account’’ after ‘‘offsetting 

collection’’.

(h) TRANSFER OF FUNDS.—

(1) The unobligated balances of amounts available from fees 

referenced under this section may be transferred to the Consular and Border Security Programs account. 

(2) Funds deposited in or transferred to the Consular and 

Border Security Programs account may be transferred between 

funds appropriated under the heading ‘‘Administration of Foreign Affairs’’. 

(3) The transfer authorities in this section shall be in addition to any other transfer authority available to the Department of State. 

(i) EFFECTIVE DATE.—The amendments made by this section 

shall take effect no later than October 1, 2018, and shall be implemented in a manner that ensures the fees collected, transferred, 

and used in fiscal year 2019 can be readily tracked. 
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UNITED NATIONS POPULATION FUND

SEC. 7082. (a) CONTRIBUTION.—Of the funds made available 

under the heading ‘‘International Organizations and Programs’’ in 

this Act for fiscal year 2017, $32,500,000 shall be made available 

for the United Nations Population Fund (UNFPA). 

(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act for 

UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to the ‘‘Global 

Health Programs’’ account and shall be made available for family 

planning, maternal, and reproductive health activities, subject to 

the regular notification procedures of the Committees on Appropriations.

(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the funds 

made available by this Act may be used by UNFPA for a country 

program in the People’s Republic of China. 

(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may not be made available unless— 

(1) UNFPA maintains funds made available by this Act in an 

account separate from other accounts of UNFPA and does not 

commingle such funds with other sums; and 

(2) UNFPA does not fund abortions. 

(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING

OF FUNDS.— (1) Not later than 4 months after the date of enactment of 

this Act, the Secretary of State shall submit a report to the 

Committees on Appropriations indicating the amount of funds 

that UNFPA is budgeting for the year in which the report is 

submitted for a country program in the People’s Republic of 

China.

(2) If a report under paragraph (1) indicates that UNFPA 

plans to spend funds for a country program in the People’s Republic of China in the year covered by the report, then the 

amount of such funds UNFPA plans to spend in the People’s 

Republic of China shall be deducted from the funds made 

available to UNFPA after March 1 for obligation for the remainder of the fiscal year in which the report is submitted. 

AFGHAN ALLIES

(INCLUDING RESCISSION OF FUNDS)

SEC. 7083. (a) AFGHAN ALLIES.—Section 602(b)(3)(F) of the Afghan Allies Protection Act, 2009 (division F of Public Law 111–8), 

as amended, is further amended by substituting ‘‘11,000’’ for 

‘‘8,500’’ in the matter preceding clause (i). 

(b) RESCISSION OF FUNDS.—Of the funds appropriated in prior 

Acts making appropriations for the Department of State, foreign 

operations, and related programs that remain available for obligation under the heading ‘‘Bilateral Economic Assistance, Funds Appropriated to the President, Economic Support Fund’’, $6,000,000 

are rescinded: Provided, That no amounts may be rescinded from 

amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency 

requirement pursuant to the Concurrent Resolution on the Budget 
1562

or section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. 

TITLE VIII 

OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON 

TERRORISM

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $2,410,386,000, to remain available until September 30, 

2018, of which $1,815,210,000 is for Worldwide Security Protection 

and shall remain available until expended: Provided, That the Secretary of State may transfer up to $5,000,000 of the total funds 

made available under this heading to any other appropriation of 

any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1961: Provided further, That 

any such transfer shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That 

funds appropriated under this heading in this title may be made 

available for Conflict Stabilization Operations and for related reconstruction and stabilization assistance to prevent or respond to 

conflict or civil strife in foreign countries or regions, or to enable 

transition from such strife: Provided further, That such amount is 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, 

$54,900,000, to remain available until September 30, 2018, for the 

Special Inspector General for Afghanistan Reconstruction (SIGAR) 

for reconstruction oversight: Provided, That printing and reproduction costs shall not exceed amounts for such costs during fiscal year 

2016: Provided further, That notwithstanding any other provision 

of law, any employee of SIGAR who completes at least 12 months 

of continuous service after the date of enactment of this Act or who 

is employed on the date on which SIGAR terminates, whichever occurs first, shall acquire competitive status for appointment to any 

position in the competitive service for which the employee possesses the required qualifications: Provided further, That such 

amount is designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
1563

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction, 

and Maintenance’’, $1,238,800,000, to remain available until expended, of which $1,228,000,000 shall be for Worldwide Security 

Upgrades, acquisition, and construction as authorized: Provided,

That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International Organizations’’, $96,240,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International 

Peacekeeping Activities’’, $1,354,660,000, to remain available until 

September 30, 2018: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘International Broadcasting Operations’’, $4,800,000, to remain available until September 30, 2018: 

Provided, That such amount is designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, 

$152,080,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
1564

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, 

$2,323,203,000, to remain available until expended: Provided, That 

such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

For an additional amount for ‘‘International Disaster Assistance’’, 

$990,000,000, to remain available until expended, for famine prevention, relief, and mitigation, including for South Sudan, Somalia, 

Nigeria, and Yemen: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

TRANSITION INITIATIVES

For an additional amount for ‘‘Transition Initiatives’’, 

$37,000,000, to remain available until expended: Provided, That 

such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

COMPLEX CRISES FUND

For an additional amount for ‘‘Complex Crises Fund’’, 

$20,000,000, to remain available until expended: Provided, That 

such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’, 

$2,609,242,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For an additional amount for ‘‘Assistance for Europe, Eurasia 

and Central Asia’’, $453,696,000, to remain available until September 30, 2018: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 
1565

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’ 

to respond to refugee crises, including in Africa, the Near East, 

South and Central Asia, and Europe and Eurasia, $2,146,198,000, 

to remain available until expended, except that such funds shall 

not be made available for the resettlement costs of refugees in the 

United States: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For an additional amount for ‘‘United States Emergency Refugee 

and Migration Assistance Fund’’, $40,000,000, to remain available 

until expended: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control 

and Law Enforcement’’, $412,260,000, to remain available until 

September 30, 2018: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Programs’’, $341,754,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’, 

$473,973,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That funds available for 

obligation under this heading in this Act may be used to pay assessed expenses of international peacekeeping activities in Somalia, 
1566

subject to the regular notification procedures of the Committees on 

Appropriations.

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, $1,325,808,000, to remain available until September 30, 

2018: Provided, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS 

ADDITIONAL APPROPRIATIONS

SEC. 8001. Notwithstanding any other provision of law, funds appropriated in this title are in addition to amounts appropriated or 

otherwise made available in this Act for fiscal year 2017. 

EXTENSION OF AUTHORITIES AND CONDITIONS

SEC. 8002. Unless otherwise provided for in this Act, the additional amounts appropriated by this title to appropriations accounts in this Act shall be available under the authorities and conditions applicable to such appropriations accounts. 

TRANSFER OF FUNDS

SEC. 8003. (a)(1) Funds appropriated by this title in this Act 

under the headings ‘‘Transition Initiatives’’, ‘‘Complex Crises 

Fund’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’ may be transferred to, and merged with, 

funds appropriated by this title under such headings. 

(2) Funds appropriated by this title in this Act under the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, 

‘‘Peacekeeping Operations’’, and ‘‘Foreign Military Financing Program’’ may be transferred to, and merged with, funds appropriated 

by this title under such headings. 

(b) Notwithstanding any other provision of this section, not to exceed $15,000,000 from funds appropriated under the headings 

‘‘International Narcotics Control and Law Enforcement’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military Financing Program’’ by 

this title in this Act may be transferred to, and merged with, funds 

previously made available under the heading ‘‘Global Security Contingency Fund’’. 

(c) The transfer authority provided in subsection (a) may only be 

exercised to address contingencies. 

(d) The transfer authority provided in subsections (a) and (b) 

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided,

That such transfer authority is in addition to any transfer authority otherwise available under any other provision of law, including 
1567

section 610 of the Foreign Assistance Act of 1961 which may be exercised by the Secretary of State for the purposes of this title. 

COUNTERING THE ISLAMIC STATE OF IRAQ AND SYRIA AND COMBATING

TERRORISM IN THE NEAR EAST AND AFRICA

SEC. 8004. (a) RELIEF AND RECOVERY FUND.—Funds appropriated by this Act under the headings ‘‘Economic Support Fund’’, 

‘‘International Narcotics Control and Law Enforcement’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military Financing Program’’ 

that are designated for the Relief and Recovery Fund in the tables 

included in the explanatory statement described in section 4 (in the 

matter preceding division A of this Consolidated Act) shall be made 

available for assistance for areas liberated from, or under the influence of, the Islamic State of Iraq and Syria, other terrorist organizations, or violent extremist organizations in and around the Near 

East and Africa: Provided, That such funds are in addition to 

amounts otherwise made available for such purposes and to 

amounts specifically designated in this Act for assistance for foreign countries: Provided further, That such funds shall be made 

available to the maximum extent practicable on a cost-matching 

basis from sources other than the United States, except that no 

such funds may be made available for the costs of significant infrastructure projects: Provided further, That such funds appropriated 

under the headings ‘‘Economic Support Fund’’ and ‘‘International 

Narcotics Control and Law Enforcement’’ shall be made available 

for programs and activities included under this section in the explanatory statement described in section 4 (in the matter preceding 

division A of this Consolidated Act): Provided further, That the Secretary of State shall include funds made available pursuant to this 

subsection in the update to reports required by section 204 of the 

Security Assistance Appropriations Act, 2017 (division B of Public 

Law 114–254). 

(b) COUNTERTERRORISM PARTNERSHIPS FUND.—Funds appropriated by this Act under the heading ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ shall be made available 

for the Counterterrorism Partnerships Fund: Provided, That funds 

made available pursuant to this subsection shall be made available 

to enhance the capacity of Kurdistan Regional Government security 

services and for security programs in the Kurdistan Region of Iraq 

that further the security interest of the United States. 

(c) OVERSIGHT REQUIREMENT.—Prior to the obligation of funds 

made available pursuant to subsections (a) and (b), the Secretary 

of State shall take all practicable steps to ensure that mechanisms 

are in place for monitoring, oversight, and control of such funds: 

Provided, That the Secretary shall promptly inform the appropriate 

congressional committees of each instance in which assistance provided pursuant to subsections (a) and (b) has been diverted or destroyed, to include the type and amount of assistance, a description 

of the incident and parties involved, and an explanation of the response of the Department of State. 

(d) NOTIFICATION REQUIREMENT.—Funds made available pursuant to this section shall be subject to the regular notification procedures of the Committees on Appropriations. 
1568

FAMINE PREVENTION, RELIEF, AND MITIGATION

(INCLUDING TRANSFER OF FUNDS)

SEC. 8005. (a) TRANSFER AUTHORITY AND NOTIFICATION REQUIRE- MENT.—

(1) Of the funds appropriated by this title in the second 

paragraph under the heading ‘‘International Disaster Assistance’’—

(A) not less than $300,000,000 shall be transferred to, 

and merged with, the Foreign Agricultural Service, ‘‘Food 

for Peace Title II Grants’’ account; and 

(B) not less than $1,500,000 shall be transferred to, and 

merged with, funds appropriated by this title under the 

heading ‘‘Operating Expenses’’ for the United States Agency for International Development. 

(2) Funds appropriated by this title in the second paragraph 

under the heading ‘‘International Disaster Assistance’’ may be 

transferred to, and merged with, funds appropriated by this 

title under the heading ‘‘Migration and Refugee Assistance’’. 

(3) The transfer authority of this subsection is in addition to 

any transfer authority otherwise available under any other 

provision of law, and shall be for famine prevention, relief, and 

mitigation.

(b) REPORTING REQUIREMENTS.—Not later than 30 days after enactment of this Act and every 45 days thereafter until September 

30, 2018, the Director of the Office of Management and Budget, in 

consultation with the Secretary of State and Administrator of the 

United States Agency for International Development, shall submit 

to the Committees on Appropriations a report on the proposed use 

of funds appropriated under the heading ‘‘International Disaster 

Assistance’’ from this Act and prior Acts making appropriations for 

the Department of State, foreign operations, and related programs, 

for famine prevention, relief, and mitigation: Provided, That such 

report shall include the requirements enumerated under this section in the explanatory statement described in section 4 (in the 

matter preceding division A of this Consolidated Act). 

This division may be cited as the ‘‘Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2017’’. 
(1569)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H4047 of Book III. 

[CLERK’S NOTE: Reproduced below is the material relating to division J contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS 

ACT, 2017 

In implementing this agreement, Federal departments, agencies, 

commissions, and other entities are directed to comply with the directives, reporting requirements, and instructions contained in H. 

Rept. 114–693 (House report) accompanying H.R. 5912 (House bill) 

and S. Rept. 114–290 (Senate report) accompanying S. 3117 (Senate bill) as though stated in this explanatory statement, unless specifically directed to the contrary. 

This explanatory statement, while repeating some House and 

Senate report language for emphasis or clarification, does not negate language in such reports unless expressly provided herein. 

Language expressing an opinion or making an observation in the 

House or Senate reports represents the view of the respective committee unless specifically endorsed in this explanatory statement. 

In cases in which the House and Senate reports provide contradictory directives or instructions that are not addressed in this explanatory statement, such directives or instructions are negated. 

The Secretary of State and the Administrator of the United 

States Agency for International Development (USAID), as appropriate, shall submit to the Committees on Appropriations a description of the cost-matching arrangements required by sections 

7045(a)(2), 7080(c), and 8004(a) of this Act on a country and program basis prior to the obligation of funds made available by this 

Act for such purposes. 

In lieu of the tables contained in the House and Senate reports, 

the tables contained in this explanatory statement shall guide departments, agencies, commissions, and other entities when allocating funds. 

The Act modifies section 7019 from the prior fiscal year, and requires that amounts designated in the respective tables referenced 

in this explanatory statement for funds appropriated in titles III 

through V shall be made available in such designated amounts and 

shall be the basis of the report required by section 653(a) of the 

Foreign Assistance Act of 1961 (FAA) (the 653(a) report), where applicable. Section 7019 also includes limited authority to deviate 

from such specified amounts and adds a new subsection that includes exceptions to the application of the requirements of such 

section for amounts designated in tables included in this explana-
1570

tory statement for International Military Education and Training 

and Global Health Programs, and funds for which the initial period 

of availability has expired. 

Proposed deviations from tables in title I in this explanatory 

statement are subject to the regular notification procedures of the 

Committees on Appropriations, unless an exception or deviation 

authority is specifically provided herein. 

For the purposes of this Act, the term ‘‘regular notification procedures of the Committees on Appropriations’’ means such Committees are notified not less than 15 days in advance of the initial obligation of funds. 

In meeting the requirements of section 7076(e) of this Act, the 

Department of State and USAID shall include in congressional 

budget justifications (CBJs) the justifications for multi-year availability for funds requested under Diplomatic and Consular Programs and Operating Expenses. The Department of State, USAID, 

and other agencies are also directed to include in CBJs the information included in the Introduction of the Senate report under 

Congressional Budget Request and Justifications, as applicable. 

The Department of State, USAID, and other agencies funded by 

this Act are directed to notify the Committees on Appropriations of: 

(1) reprogrammings of funds, as required by sections 7015 

and 7019 of this Act, at the most detailed level of the CBJ, this 

Act, or this explanatory statement; 

(2) significant departures in funding from the CBJ or the 

653(a) report to be submitted 30 days after enactment of this 

Act; and 

(3) plans for restructuring the department or agency involving funding or staffing changes. 

CBJ documents, and operating and spend plans, shall not suffice 

for purposes of satisfying special notification requirements contained in this Act. 

As in prior fiscal years, additional funding designated as Overseas Contingency Operations/Global War on Terrorism (OCO/ 

GWOT) pursuant to the Balanced Budget and Emergency Deficit 

Control Act of 1985 (BBEDCA) is contained in title VIII of this Act. 

Such funds are intended to address the extraordinary costs of operations and assistance in countries in conflict and areas of instability and violence, particularly in the Middle East, South Asia, 

and Africa; security, stabilization, and peacekeeping programs; humanitarian activities; and counterterrorism and counterinsurgency 

efforts.

For purposes of this Act, the term ‘‘extremist organization’’ 

means the Islamic State of Iraq and Syria (ISIS); organizations affiliated with ISIS; a foreign organization that is determined to be 

engaged in terrorist activity, as defined in section 212(a)(3)(B) of 

the Immigration and Nationality Act (8 U.S.C. 1182); and other entities designated as foreign terrorist organizations pursuant to section 219 of such Act. The term ‘‘extremist’’ means an individual affiliated with an extremist organization. The term ‘‘extremism’’ 

means the advocacy or use of violence by such organizations or individuals to achieve political or religious goals. 

The Secretary of State shall submit to the Committees on Appropriations the reports required by sections 104(a), 118(a), 312(a), 
1571

313, 404(c), 405(c), 418, and 602(c), of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114–323) as well as the 

strategy required by section 301(a) of such Act. 

TITLE I—DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

The Act provides $8,238,682,000 for Administration of Foreign 

Affairs in this title, and an additional $3,704,806,000 in title VIII 

under this heading is designated for OCO/GWOT pursuant to 

BBEDCA. The Act includes a total of $6,071,348,000 for embassy 

security in this title and title VIII, an increase of $454,501,000 

above the fiscal year 2016 enacted level, as contained in the table 

below:

EMBASSY SECURITY 

[Budget authority in thousands of dollars] 

Program/Activity Budget Authority 

Worldwide Security Protection– ...................................................................................................................... $3,714,689 

Embassy Security, Construction, and Maintenance ....................................................................................... 2,356,659 

Total ....................................................................................................................................................... 6,071,348 

DIPLOMATIC AND CONSULAR PROGRAMS

The Act provides $6,147,254,000 for Diplomatic and Consular Programs in this title, and an additional $2,410,386,000 in title 

VIII under this heading is designated for OCO/GWOT pursuant to 

BBEDCA.

Within the total provided under this heading in this title, up to $1,899,479,000 is for Worldwide Security Protection (WSP) and 

may remain available until expended; and $4,247,775,000 is for operations, of which $637,166,000 may remain available until September 30, 2018. Not later than September 1, 2017, the Secretary 

of State is directed to report to the Committees on Appropriations 

on projected amounts available for operations beyond fiscal year 

2017 by category and bureau. Title VIII of this Act includes funds 

for embassy operations in Afghanistan, Pakistan, and Iraq and 

other areas of unrest. 

Funds appropriated by this Act for activities, bureaus, and offices 

under this heading in this title are allocated according to the following table: 

DIPLOMATIC AND CONSULAR PROGRAMS 

[Budget authority in thousands of dollars] 

Category Budget Authority 

Human Resources ........................................................................................................................................... $2,529,387 

Worldwide Security Protection ............................................................................................................... [463,417]
1572

DIPLOMATIC AND CONSULAR PROGRAMS—Continued 

[Budget authority in thousands of dollars] 

Category Budget Authority 

Overseas Programs ......................................................................................................................................... 1,401,847 

Diplomatic Policy and Support ....................................................................................................................... 757,713 

Security Programs .......................................................................................................................................... 1,458,307 

Worldwide Security Protection ............................................................................................................... [1,436,062]

Total .............................................................................................................................................. 6,147,254 

Bureau/Office

(includes salary and bureau managed funds) 

Bureau of Administration: 

Freedom of Information Act .................................................................................................................. [$33,960]

Ambassadors Fund for Cultural Preservation ................................................................................................ 6,250 

Cultural Antiquities Task Force ...................................................................................................................... 1,000 

Bureau of Democracy, Human Rights, and Labor ......................................................................................... 40,259 

Human Rights Vetting ........................................................................................................................... [9,000]

Office of International Religious Freedom ............................................................................................ [6,500]

of which, religious freedom curriculum development .......................................................................... [500]

Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South 

Central Asia ...................................................................................................................................... [2,000]

Atrocities Prevention Training ............................................................................................................... [500]

Bureau of European and Eurasian Affairs: 

Office of the Special Envoy for Holocaust Issues ................................................................................ [568]

Bureau of Economic and Business Affairs: 

Office of Terrorism Financing and Economic Sanctions Policy ............................................................ [5,625]

Office to Monitor and Combat Trafficking in Persons .................................................................................. 12,500 

Office of the Legal Advisor: 

Document Review Unit .......................................................................................................................... [2,889]

Bureau of Oceans and International Environmental and Scientific Affairs: 

Office of Oceans and Polar Affairs ....................................................................................................... [7,962]

Office of the Secretary: 

Office of the Special Coordinator for Tibetan Issues ........................................................................... [1,000]

Office of the Coordinator for Cyber Issues ........................................................................................... [5,497]

Office of Global Women’s Issues .......................................................................................................... [5,326]

The Act does not include funding for any new, non-security positions, unless specifically noted herein. The Secretary of State may 

fill existing positions that become vacant due to attrition, as needed. If the Secretary intends to create and fill new positions, 15 days 

prior to posting such positions or filling such positions with internal candidates the Secretary shall submit to the Committees on 

Appropriations a reprogramming request which shall include for 

each new position: a justification; a description of the job duties; 

the estimated fiscal years 2017 and 2018 costs; and the funding 

sources to be used for such costs, including funds to be reallocated 

from savings due to the elimination of other positions, contract 

services, and other reductions or cost saving measures. 

Funds allocated for offices and programs under the bureaus listed in the table under this heading that exceed the 2017 CBJ levels 

for such offices and programs are in addition to funds otherwise 

made available for such bureaus. 

The Secretary of State shall ensure that all security-cleared employees comply with training requirements for the classifying, safeguarding, and declassifying of national security information in accordance with Executive Order 13526: Classified National Security 

Information, as appropriate. 
1573

The Secretary of State shall implement, in a timely manner, the 

recommendations of the Office of the Inspector General (OIG) November 2016 ‘‘Management Assistance Report: Incorrect Post Allowance Rate for Embassy Berlin, Germany’’ (AUD–FM–17–06). 

The Secretary of State is directed to identify the embassies or 

consulates that did not regularly utilize the Department of State’s 

model visa denial letter in fiscal year 2016, and include such information in the report required by the House report under the heading Border Security Program, Visa processing and training. 

Not later than 45 days after enactment of this Act, the Secretary 

of State shall submit to the Committees on Appropriations a 

progress report on the Foreign Affairs Security Training Center 

project. Such report shall be updated and submitted to such Committees semi-annually until completion of the project. The report 

shall include the requirements described under this heading in the 

House and Senate reports. 

The Secretary of State is directed to implement directives under 

this heading in the House report and the Introduction to the Senate report concerning atrocity prevention, including continued support for the Atrocities Prevention Board and the Office of the Special Envoy for Holocaust Issues. 

The agreement includes $12,500,000 for the Office to Monitor 

and Combat Trafficking in Persons for support of activities and directives described in the House and Senate reports. 

The agreement includes sufficient funds to support the authorized positions for the Bureau of Intelligence and Research in fiscal 

year 2017. 

The Secretary of State is directed to fill the position of Special 

Envoy to Monitor and Combat Anti-Semitism authorized by Public 

Law 108–332 in a timely manner. 

The Secretary of State is directed to continue the workforce diversity initiatives described under this heading in the House and 

Senate reports. 

The agreement includes sufficient funds to support public diplomacy programs at not less than the fiscal year 2016 level. In addition, the Secretary of State is directed to include projected funding 

levels for public diplomacy in the operating plan required by section 7076(a) of this Act. 

Section 7034(h) of this Act continues a limitation on the use of 

funds for the preservation of religious sites as in prior fiscal years. 

Section 7034(k)(1) of this Act extends for one year the Western 

Hemisphere Travel Initiative surcharge authority, which is the 

same extension of authority included in prior fiscal years. 

Section 7034(k)(4) of this Act continues the Foreign Service overseas pay comparability authority, but, as in prior fiscal years, prohibits implementation of the third phase of the authority. 

The Secretary of State is directed to implement the recommendations in the Senate report regarding prevention of discrimination 

and abuse under this heading and the Operating Expenses heading.

CAPITAL INVESTMENT FUND

The Act provides $12,600,000 for Capital Investment Fund. 
1574

OFFICE OF INSPECTOR GENERAL

The Act provides $87,069,000 for Office of Inspector General in this title, of which $13,060,000 may remain available until September 30, 2018, and an additional $54,900,000 in title VIII under 

this heading is designated for OCO/GWOT pursuant to BBEDCA. 

The Act waives the requirement of section 209(a)(1) of the Foreign 

Service Act of 1980, as included in the Senate bill and in prior fiscal years. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The Act provides $634,143,000 for Educational and Cultural Ex- change Programs, of which not less than $240,000,000 is for the 

Fulbright Program and $111,360,000 is for the Citizen Exchange 

Program, of which not less than $4,125,000 is for the CongressBundestag Youth Exchange. Funds under this heading are allocated according to the following table: 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS 

[Budget authority in thousands of dollars] 

Program/Activity Budget Authority 

Academic Programs: 

Fulbright Program ................................................................................................................................. 240,000 

Global Academic Exchanges ................................................................................................................. 63,176 

Special Academic Exchanges ................................................................................................................ 16,950 

Benjamin Gilman International Scholarship Program ................................................................. [12,500]

Subtotal ............................................................................................................................... 320,126 

Professional and Cultural Exchanges: 

International Visitor Program ................................................................................................................ 97,765 

Citizen Exchange Program .................................................................................................................... 111,360 

Congress-Bundestag Youth Exchange .................................................................................................. [4,125]

Special Professional and Cultural Exchanges ...................................................................................... 5,575 

Subtotal ............................................................................................................................... 214,700 

Young Leaders Initiatives ............................................................................................................................... 28,500 

Program and Performance ............................................................................................................................. 7,383 

Exchanges Support ......................................................................................................................................... 63,434 

Total ............................................................................................................................ 634,143 

The Secretary of State shall include in the operating plan required by section 7076(a)(1) of this Act the information listed under 

this heading in the House and Senate reports. 

The Committees on Appropriations recognize the unique role of 

educational and cultural exchanges for advancing American leadership and ideals abroad. Department of State funded exchanges are 

an important instrument of United States foreign policy and diplomacy efforts, and promote United States security interests. To that 

end, the agreement includes additional funding for certain educational and cultural exchange programs. 

Funds made available for the Citizen Exchange Program that are 

above the fiscal year 2016 program plan are intended for the purposes described under this heading in the House and Senate reports.

The agreement includes funding for Academic Programs and Professional and Cultural Exchanges to support exchanges with coun-
1575

tries of the former Soviet Union, Eastern Europe, and the Nordic 

region at not less than the 2017 CBJ levels. 

The agreement includes sufficient funds to expand support for 

academic exchanges with Mexico and the countries of Central and 

South America. 

The agreement includes not less than $700,000 for the expansion 

of Korean-United States exchanges under the Fulbright Program 

and Global Academic Exchanges. Not later than 90 days after the 

enactment of this Act, the Secretary of State is directed to consult 

with the Committees on Appropriations on the use of such funds. 

The agreement includes funds to continue the Special Academic 

Exchanges and Special Professional and Cultural Exchanges described in the House and Senate reports, including the Benjamin 

Gilman International Scholarship Program and the Tibetan exchanges and fellowships. 

The agreement includes $2,500,000 under this heading and 

$2,500,000 under Economic Support Fund for grants authorized by 

section 211 of the Vietnam Education Foundation Act of 2000, as 

amended. An additional $4,000,000 is expected to be derived from 

debt forgiveness, which will provide a total of $9,000,000 for such 

activities in fiscal year 2017. 

The Secretary of State shall follow the directives under the Summer Work Travel and High School Exchange Programs heading in 

the Senate report. 

REPRESENTATION EXPENSES

The Act provides $8,030,000 for Representation Expenses, subject to section 7020 of this Act. 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

The Act provides $30,344,000 for Protection of Foreign Missions 

and Officials. 

Section 7034(i) of this Act continues the authority for the Secretary of State to transfer expired, unobligated balances from funds 

made available under Diplomatic and Consular Programs to this 

heading.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The Act provides $1,117,859,000 for Embassy Security, Construction, and Maintenance in this title, of which $358,698,000 is for 

Worldwide Security Upgrades (WSU) and $759,161,000 is for other 

construction, operations, and maintenance. An additional 

$1,238,800,000 is provided in title VIII under this heading that is 

designated for OCO/GWOT pursuant to BBEDCA, of which 

$1,228,000,000 is available for WSU. 

The Secretary of State shall follow the directives concerning the 

Art in Embassies Program under this heading in the Senate report. 

The report required should also include the amount expended for 

procurement of art in fiscal year 2016. 

Not later than 45 days after enactment of this Act, the Secretary 

of State shall report to the Committees on Appropriations on plans 

to construct a New Embassy Compound in Vietnam, including options for the purchase of appropriate land for such construction. 
1576

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

The Act provides $7,900,000 for Emergencies in the Diplomatic 

and Consular Service. 

REPATRIATION LOANS PROGRAM ACCOUNT

The Act provides $1,300,000 for Repatriation Loans Program Account.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

The Act provides $31,963,000 for Payment to the American Institute in Taiwan. 

INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA

The Act provides $1,320,000 for International Center, Washington, District of Columbia. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

The Act provides $158,900,000 for Payment to the Foreign Service Retirement and Disability Fund. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The Act provides $1,262,966,000 for Contributions to International Organizations in this title, and an additional $96,240,000 

in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The Act provides $552,904,000 for Contributions for International Peacekeeping Activities, and an additional $1,354,660,000 

in title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. The agreement provides funding for the United 

States share of the United Nations (UN) Support Office in Somalia 

under Peacekeeping Operations in title VIII, instead of under this 

heading.

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

SALARIES AND EXPENSES

The Act provides $48,134,000 for Salaries and Expenses. 

CONSTRUCTION

The Act provides $29,400,000 for Construction. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

The Act provides $12,258,000 for American Sections, International Commissions to support the International Boundary Com-
1577

mission, International Joint Commission, and Border Environment 

Cooperation Commission, at the levels contained in the 2017 CBJ. 

INTERNATIONAL FISHERIES COMMISSIONS

The Act provides $37,502,000 for International Fisheries Commissions. Funds under this heading are allocated according to the 

following table: 

INTERNATIONAL FISHERIES COMMISSIONS 

[Budget authority in thousands of dollars] 

Commission/Activity Budget Authority 

Great Lakes Fishery Commission ................................................................................................................... 24,795 

Lake Champlain Basin .......................................................................................................................... [3,450]

Inter-American Tropical Tuna Commission .................................................................................................... 1,750 

Pacific Salmon Commission ........................................................................................................................... 3,685 

International Pacific Halibut Commission ..................................................................................................... 4,160 

Other Marine Conservation Organizations ..................................................................................................... 3,112 

Total .............................................................................................................................................. 37,502 

The agreement provides funding for the purposes specified under 

this heading in the Senate report. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The Act provides $772,108,000 for International Broadcasting Operations in this title, and an additional $4,800,000 in title VIII 

under this heading is designated for OCO/GWOT pursuant to 

BBEDCA.

Of the funds made available under this heading, up to $32,501,000 may remain available until expended for satellite 

transmissions and Internet freedom programs, of which not less 

than $13,800,000 is for Internet freedom and circumvention programs. In addition, $1,200,000 is included within funds provided 

for Radio Free Asia for the personnel costs associated with Internet 

freedom activities, bringing the total provided for such programs to 

not less than $15,000,000. The Broadcasting Board of Governors 

(BBG) is directed to include amounts planned for Internet freedom 

in fiscal year 2017 as part of the operating plan required by section 

7076(a)(1) of this Act and to describe the planned activities in the 

Internet freedom spend plan required by section 7078(c) of this Act. 

Prior to the submission of the fiscal year 2017 operating plan, 

the BBG is directed to consult with the Committees on Appropriations on the program increases and reductions recommended under 

this heading in the House and Senate reports. 

The agreement includes not less than $6,965,000 for expansion 

of BBG Korean programming, including $3,310,000 for Radio Free 

Asia, $3,405,000 for Voice of America, and $250,000 for the Office 

of Technology, Services, and Innovation. 

Title VIII of this Act provides $4,800,000 for Voice of America 

broadcasts to Afghanistan, Pakistan, Iraq, and Syria. BBG is directed to include a proposal for the use of such funds in the oper-
1578

ating plan required by section 7076(a)(1) of this Act. The operating 

plan shall also include amounts planned for countering Russian influence, countering violent extremism, and for Korean programming.

Funds under this heading in this Act are allocated according to 

the following table: 

INTERNATIONAL BROADCASTING OPERATIONS 

[Budget authority in thousands of dollars] 

Entities/Grantees Budget

Authority

Federal Entities: 

International Broadcasting Bureau (IBB): 

IBB Operations ............................................................................................................................. 59,671 

Internet freedom .................................................................................................................. [13,800]

Office of Technology, Services, and Innovation ........................................................................... 181,399

Voice of America ................................................................................................................................... 234,685 

Afghanistan OCO/GWOT ................................................................................................................ [4,800]

Office of Cuba Broadcasting ................................................................................................................ 28,056 

Subtotal ........................................................................................................................................ 503,811 

Independent Grantee Organizations: 

Radio Free Europe/Radio Liberty ........................................................................................................... 117,388 

Radio Free Asia ..................................................................................................................................... 43,109 

Middle East Broadcasting Networks ..................................................................................................... 112,600 

Subtotal ........................................................................................................................................ 273,097 

Total ..................................................................................................................................... 776,908 

of which, BBG Title I .................................................................................................. [772,108]

of which, BBG Title VIII OCO/GWOT ....................................................................... [4,800]

BROADCASTING CAPITAL IMPROVEMENTS

The Act provides $9,700,000 for Broadcasting Capital Improvements.

RELATED PROGRAMS 

THE ASIA FOUNDATION

The Act provides $17,000,000 for The Asia Foundation. 

UNITED STATES INSTITUTE OF PEACE

The Act provides $37,884,000 for United States Institute of 

Peace.

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

The Act provides $122,000 from interest and earnings from the 

Center for Middle Eastern-Western Dialogue Trust Fund. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

The Act provides $350,000 from interest and earnings from the 

Eisenhower Exchange Fellowship Program Trust Fund. 
1579

ISRAELI ARAB SCHOLARSHIP PROGRAM

The Act provides $47,000 from interest and earnings from the 

Israeli Arab Scholarship Endowment Fund. 

EAST–WEST CENTER

The Act provides $16,700,000 for East-West Center. 

NATIONAL ENDOWMENT FOR DEMOCRACY

The Act provides $170,000,000 for National Endowment for Democracy.

OTHER COMMISSIONS 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

The Act provides $888,000 for Commission for the Preservation 

of America’s Heritage Abroad. 

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS

FREEDOM

SALARIES AND EXPENSES

The Act provides $3,500,000 for United States Commission on 

International Religious Freedom. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

The Act provides $2,579,000 for Commission on Security and Cooperation in Europe. 

CONGRESSIONAL–EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

The Act provides $2,000,000 for Congressional-Executive Commission on the People’s Republic of China. 

UNITED STATES–CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

The Act provides $3,500,000 for United States-China Economic 

and Security Review Commission. 
1580

TITLE II—UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

The Act provides $1,204,609,000 for Operating Expenses in this title, of which $180,691,000 may remain available until September 

30, 2018, and an additional $152,080,000 in title VIII under this 

heading is designated for OCO/GWOT pursuant to BBEDCA. 

The USAID Administrator shall ensure that all security-cleared 

employees comply with training requirements for the classifying, 

safeguarding, and declassifying of national security information in 

accordance with Executive Order 13526: Classified National Security Information, as appropriate. The agreement includes $250,000 under this heading to train 

USAID personnel in genocide and mass atrocity prevention. 

The USAID Administrator is directed to consult with the appropriate congressional committees prior to any decision to begin discussions with a foreign government regarding the closure of a 

USAID Mission. 

The USAID Administrator shall submit the report required 

under this heading in the Senate report regarding Local Sustainable Development Officers and Small Grants Program not later 

than 45 days after the enactment of this Act. 

CAPITAL INVESTMENT FUND

The Act provides $174,985,000 for Capital Investment Fund. 

OFFICE OF INSPECTOR GENERAL

The Act provides $67,600,000 for Office of Inspector General, of which $10,140,000 may remain available until September 30, 2018. 

TITLE III—BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

GLOBAL HEALTH PROGRAMS

The Act provides $8,724,950,000 for Global Health Programs. 

Funds under this heading are allocated according to the following 

table and subject to section 7019 of this Act: 

GLOBAL HEALTH PROGRAMS 

[Budget authority in thousands of dollars] 

Program/Activity Budget

Authority

Maternal and Child Health ............................................................................................................................ 814,500 

Polio ....................................................................................................................................................... [51,500]

The GAVI Alliance .................................................................................................................................. [275,000]

Nutrition (USAID) ............................................................................................................................................ 125,000 

Micronutrients ........................................................................................................................................ [33,000]

of which, Vitamin A .............................................................................................................................. [22,500]

Iodine Deficiency Disorder ..................................................................................................................... [2,500]

Vulnerable Children (USAID) .......................................................................................................................... 23,000 

Blind Children ....................................................................................................................................... [3,500]
1581

GLOBAL HEALTH PROGRAMS—Continued 

[Budget authority in thousands of dollars] 

Program/Activity Budget

Authority

HIV/AIDS (USAID) ............................................................................................................................................ 330,000 

Microbicides ........................................................................................................................................... [45,000]

HIV/AIDS (Department of State) ..................................................................................................................... 5,670,000 

The Global Fund to Fight AIDS, Tuberculosis and Malaria .................................................................. [1,350,000]

UNAIDS ................................................................................................................................................... [45,000]

Family Planning/Reproductive Health (USAID) ............................................................................................... 523,950 

Other Infectious Diseases (USAID) ................................................................................................................. 1,238,500 

Pandemic Influenza and Other Emerging Threats ................................................................................ [142,500]

of which, Emergency Reserve Fund ...................................................................................................... [70,000]

Malaria .................................................................................................................................................. [755,000]

Tuberculosis ........................................................................................................................................... [241,000]

of which, Global TB Drug Facility ......................................................................................................... [15,000]

Neglected Tropical Diseases ................................................................................................................. [100,000]

Total .............................................................................................................................................. 8,724,950 

Children facing adversity.—In lieu of the directive regarding psychiatric care for children in the House report under this heading, 

the USAID Administrator shall address the emotional, cognitive, 

and behavioral struggles of children facing adversity and separation from their families in its programming for children, in both the 

Action Plan for Children in Adversity priority countries and in 

countries supported through the Displaced Children and Orphans 

Fund.

Maternal and Child Health.—Not later than 90 days after the 

enactment of this Act, the USAID Administrator shall submit a report to the Committees on Appropriations detailing USAID efforts 

to expand interventions to end preventable maternal newborn and 

child deaths through the use of innovative financing tools, including pay-for-success and sovereign level guarantees, and evaluating 

the opportunities and challenges of expanding the use of such tools. 

The report should also include the costs and risks of such interventions to date, and anticipated funding commitments for such purposes in subsequent fiscal years. 

DEVELOPMENT ASSISTANCE

The Act provides $2,995,465,000 for Development Assistance. 

Funds for certain programs under this heading are allocated according to the following table and subject to section 7019 of this 

Act:

DEVELOPMENT ASSISTANCE 

[Budget authority in thousands of dollars] 

Global Programs Budget

Authority

Combating child marriage ............................................................................................................................. 11,000 

Global Crop Diversity Trust ............................................................................................................................ 15,000 

Leahy War Victims Fund ................................................................................................................................ 13,500 

Reconciliation programs ................................................................................................................................. 16,000 

Trade capacity building ................................................................................................................................. 10,000 

USAID Advisor for Indigenous Peoples Issues ............................................................................................... 3,500 

Victims of torture ........................................................................................................................................... 11,750 

Wheelchairs .................................................................................................................................................... 5,000 
1582

Higher education.—Funds made available for new partnerships 

between higher education institutions in the United States and developing countries shall be for institutional capacity building and 

awarded on an open and competitive basis, including through a 

new competition during fiscal year 2017. 

USAID Advisor for Indigenous Peoples Issues.—The USAID Administrator is directed to continue to fill the position of Advisor for 

Indigenous Peoples Issues established by Public Law 112–74. The 

agreement includes funds for grants and other activities administered by the Advisor. The USAID Administrator is directed to develop, in consultation with other relevant Federal agencies and indigenous peoples organizations, a USAID Policy on Indigenous Peoples to guide the Agency in effectively addressing the rights and 

needs of indigenous peoples in USAID programs, projects, and activities.

INTERNATIONAL DISASTER ASSISTANCE

The Act provides $498,483,000 for International Disaster Assistance in this title, and an additional $3,313,203,000 in title VIII 

under this heading is designated for OCO/GWOT pursuant to 

BBEDCA.

TRANSITION INITIATIVES

The Act provides $35,600,000 for Transition Initiatives in this 

title, and an additional $37,000,000 in title VIII under this heading 

is designated for OCO/GWOT pursuant to BBEDCA. 

COMPLEX CRISES FUND

The Act provides $10,000,000 for Complex Crises Fund in this 

title, and an additional $20,000,000 in title VIII under this heading 

is designated for OCO/GWOT pursuant to BBEDCA. 

Consistent with previous practice, the USAID Administrator 

shall have responsibility for the use of funds appropriated under 

this heading in this title, in consultation with the Secretary of 

State, and the Secretary of State shall have the responsibility for 

the use of funds appropriated under this heading in title VIII. 

DEVELOPMENT CREDIT AUTHORITY

The Act includes a $50,000,000 limitation on funds that may be 

transferred from other programs in this title to Development Credit 

Authority. In addition, $10,000,000 is provided for administrative 

expenses, which may be transferred to, and merged with, Operating Expenses. A limitation of $1,750,000,000 is included on total 

loan principal. 

ECONOMIC SUPPORT FUND

The Act provides $1,041,761,000 for Economic Support Fund in 

this title, and an additional $2,609,242,000 in title VIII under this 

heading is designated for OCO/GWOT pursuant to BBEDCA. 

Funds for countries in Europe, Eurasia and Central Asia in the 

2017 CBJ under this heading are included under Assistance for Europe, Eurasia and Central Asia. Funds for certain programs under 
1583

this heading are allocated according to the following table and subject to section 7019 of this Act: 

ECONOMIC SUPPORT FUND 

[Budget authority in thousands of dollars] 

Global Programs Budget

Authority

Ambassador-at-Large for Global Women’s Issues ......................................................................................... 10,000 

Disability programs ........................................................................................................................................ 7,500 

Family Planning/Reproductive Health (USAID) ............................................................................................... 51,050 

Fragile states and extremism (section 7080) ............................................................................................... 15,000 

United States Institute of Peace, by transfer ....................................................................................... [1,500]

House Democracy Partnership ........................................................................................................................ 1,900 

Organization of American States ................................................................................................................... 9,000 

Polio ................................................................................................................................................................ 7,500 

Trade capacity building ................................................................................................................................. 10,000 

The agreement provides funding to support the first through 

third organizational pillars of the Organization of American States. 

Within the total provided under this heading, $4,000,000 is for programs to strengthen democracy, $500,000 is for development assistance programs, and $4,500,000 is for programs to promote and protect human rights, of which not less than $500,000 is for the Office 

of the Special Rapporteur for Freedom of Expression. Such funds 

are subject to prior consultation with the Committees on Appropriations.

The Act provides that no funds are appropriated or otherwise 

made available for a contribution, grant, or other payment to the 

Green Climate Fund. 

DEMOCRACY FUND

The Act provides $210,500,000 for Democracy Fund, of which $145,375,000 is for the Department of State Human Rights and Democracy Fund and $65,125,000 is for the USAID Center of Excellence for Democracy, Human Rights, and Governance. 

The Assistant Secretary for Democracy, Human Rights, and 

Labor shall consult with the Committees on Appropriations on the 

uses of funds provided by this Act for the Human Rights and Democracy Fund that are above the fiscal year 2016 level. 

A portion of funds appropriated by this Act under this heading 

may be used by the Bureau for Democracy, Human Rights, and 

Labor, Department of State, and the Bureau for Democracy, Conflict, and Humanitarian Assistance, USAID, for costs associated 

with administering such funds. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

The Act provides $291,638,000 for Assistance for Europe, Eurasia and Central Asia in this title, and an additional $453,696,000 in 

title VIII under this heading is designated for OCO/GWOT pursuant to BBEDCA. 

Funds for countries in Europe, Eurasia and Central Asia in the 

2017 CBJ under Economic Support Fund are included in this account, and funds for such countries in the 2017 CBJ under International Narcotics Control and Law Enforcement are transferred 

to, and merged with, funds made available under this heading for 
1584

the same purposes as funds provided by this Act under that heading.

The agreement supports efforts to increase security, reduce tensions and monitor the situation in Ukraine, including through the 

Organization for Security and Cooperation in Europe Special Monitoring Mission in Ukraine, and includes additional funding to meet 

unanticipated security or monitoring requirements, if necessary. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

The Act provides $912,802,000 for Migration and Refugee Assistance in this title, and an additional $2,146,198,000 in title VIII 

under this heading is designated for OCO/GWOT pursuant to 

BBEDCA.

In lieu of the reporting requirements on the United States Refugee Admissions Program (USRAP) in the Senate report, the Secretary of State is directed to consult with the Committees on Appropriations on planned allocations for activities under this heading during fiscal year 2017, including for the USRAP. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

The Act provides $10,000,000 for United States Emergency Refugee and Migration Assistance Fund in this title, and an additional 

$40,000,000 in title VIII under this heading is designated for OCO/ 

GWOT pursuant to BBEDCA. 

INDEPENDENT AGENCIES

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS)

The Act provides $410,000,000 for Peace Corps. 

MILLENNIUM CHALLENGE CORPORATION

The Act provides $905,000,000 for Millennium Challenge Corporation, including up to $105,000,000 for administrative expenses. 

The Chief Executive Officer shall ensure that all security-cleared 

employees comply with training requirements for the classifying, 

safeguarding and declassifying of national security information in 

accordance with Executive Order 13526: Classified National Security Information, as appropriate. 

INTER–AMERICAN FOUNDATION

The Act provides $22,500,000 for Inter-American Foundation. 

UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

The Act provides $30,000,000 for United States African Development Foundation. 
1585

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

The Act provides $30,000,000 for International Affairs Technical 

Assistance.

TITLE IV—INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The Act provides $889,664,000 for International Narcotics Control and Law Enforcement in this title, and an additional 

$412,260,000 in title VIII under this heading is designated for 

OCO/GWOT pursuant to BBEDCA. The Act requires that not less 

than $72,565,000 be transferred to, and merged with, Assistance 

for Europe, Eurasia and Central Asia for the same purposes as 

funds provided under this heading. 

Funds for certain programs under this heading are allocated according to the following table and subject to section 7019 of this 

Act:

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT 

[Budget authority in thousands of dollars] 

Program/Activity Budget

Authority

Combating modern slavery (section 7060(f)(2)) ........................................................................................... 25,000 

Combating wildlife trafficking ....................................................................................................................... 50,664 

Demand reduction .......................................................................................................................................... 12,500 

International Law Enforcement Academy ....................................................................................................... 27,000 

Funds included to combat wildlife trafficking should be used to 

strengthen law enforcement capacity, further partnerships through 

regional and international cooperation, and provide site-based protection of wildlife, including through the use of aircraft, as appropriate. Not later than 45 days after enactment of this Act and prior 

to the submission of the spend plan required in section 

7076(b)(1)(C), the Secretary of State shall consult with the Committees on Appropriations on the use of aircraft for anti-poaching activities through a demonstration project in one or more countries. 

NONPROLIFERATION, ANTI–TERRORISM, DEMINING AND RELATED

PROGRAMS

The Act provides $500,696,000 for Nonproliferation, Anti-terrorism, Demining and Related Programs in this title, and an additional $341,754,000 in title VIII under this heading is designated 

for OCO/GWOT pursuant to BBEDCA. Funds under this heading 

are allocated according to the following table and subject to section 

7019 of this Act: 
1586

NONPROLIFERATION, ANTI–TERRORISM, DEMINING AND RELATED PROGRAMS 

[Budget authority in thousands of dollars] 

Program/Activity Budget

Authority

Nonproliferation programs .............................................................................................................................. 295,450 

Nonproliferation and Disarmament Fund .............................................................................................. [30,000]

Export Control and Related Border Security ......................................................................................... [62,500]

Global Threat Reduction ........................................................................................................................ [70,000]

International Atomic Energy Agency ..................................................................................................... [94,800]

Anti-terrorism programs ................................................................................................................................. 358,000 

Anti-terrorism Assistance ...................................................................................................................... [180,000]

of which, airport and aviation security ................................................................................................ [10,000]

Terrorist Interdiction Program ............................................................................................................... [33,000]

Counterterrorism financing ................................................................................................................... [12,500]

Counterterrorism Partnerships Fund ..................................................................................................... [127,500]

Conventional weapons destruction ................................................................................................................ 189,000 

Humanitarian Demining ........................................................................................................................ [151,500]

Total .............................................................................................................................................. 842,450 

of which, OCO ..................................................................................................................... [341,754]

The agreement includes funding to support international airport 

and aviation security for the purposes described under this heading 

in the House report. Not later than 90 days after enactment of this 

Act, the Secretary shall submit a spend plan to the Committees on 

Appropriations on the uses of such funds by country and program. 

The Secretary of State shall also review unobligated Anti-terrorism 

Assistance balances from the prior fiscal year and consider incorporating such funds into the plan. The Secretary of State shall consult with the Committees on Appropriations prior to submitting the 

plan.

The Secretary of State shall follow the directives in the House report regarding country levels for Argentina and Mexico, and in the 

Senate report regarding Algeria. 

The Act provides that funds appropriated under this heading 

shall be made available for explosive ordnance disposal in areas 

liberated from extremist organizations in Iraq, Libya, and Syria, 

which should utilize local organizations and individuals to the maximum extent practicable and be awarded on a competitive basis. 

PEACEKEEPING OPERATIONS

The Act provides $135,041,000 for Peacekeeping Operations in this title, and an additional $473,973,000 in title VIII under this 

heading is designated for OCO/GWOT pursuant to BBEDCA. 

Funds under this heading are allocated according to the following 

table and subject to section 7019 of this Act: 

PEACEKEEPING OPERATIONS 

[Budget authority in thousands of dollars] 

Program/Activity Budget

Authority

Africa .............................................................................................................................................................. 428,873 

Central African Republic ....................................................................................................................... [8,000]

Democratic Republic of the Congo ....................................................................................................... [10,000]

Liberia .................................................................................................................................................... [1,000]

Somalia .................................................................................................................................................. [256,132]
1587

PEACEKEEPING OPERATIONS—Continued 

[Budget authority in thousands of dollars] 

Program/Activity Budget

Authority

South Sudan .......................................................................................................................................... [27,491]

Africa Regional ...................................................................................................................................... [126,250]

of which, African Peacekeeping Rapid Response Partnership ............................................................. [100,000]

of which, Partnership for Regional East Africa Counterterrorism ........................................................ [10,000]

of which, Africa Conflict Stabilization and Border Security ................................................................. [8,300]

of which, Africa Military Education Program ........................................................................................ [3,000]

of which, Africa Maritime Security Initiative ........................................................................................ [2,000]

of which, African Union Rapid Deployment Capability ........................................................................ [2,950]

Near East ........................................................................................................................................................ 59,500 

Syria ....................................................................................................................................................... [25,000]

Multinational Force and Observers ....................................................................................................... [34,500]

Political-Military Affairs ................................................................................................................................. 120,641 

Security Governance Initiative ............................................................................................................... [14,041]

Trans-Sahara Counterterrorism Partnership ......................................................................................... [20,100]

Global Peacekeeping Operations Initiative ........................................................................................... [61,000]

Maritime Security Technical Experts Program ...................................................................................... [500]

Relief and Recovery Fund ..................................................................................................................... [25,000]

Total .............................................................................................................................................. 609,014 

of which, OCO ..................................................................................................................... [473,973]

Congressional notifications submitted for funds made available 

under Peacekeeping Operations shall continue to include for each 

program: a description of the type of equipment, training, or other 

assistance to be provided; and the total amount obligated for each 

such program in fiscal years 2016 and 2017 at the time of submission of such notification, on a country-by-country basis to the extent practicable. 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

The Act provides $110,300,000 for International Military Education and Training. 

The Secretary of State shall follow the directives under this 

heading in the House report regarding country levels, and in the 

Senate report regarding assistance for Algeria and Timor-Leste. 

In lieu of the reporting requirements included in the House and 

Senate reports under this heading, the Secretary of State, in consultation with the Secretary of Defense, is directed to submit a report to the appropriate congressional committees on changes made 

in the current fiscal year to enhance International Military Education and Training and Expanded International Military Education and Training effectiveness and recommendations for the following fiscal year. Such report shall describe the goals of such programs, and steps taken to implement the requirements of section 

548(a) of the FAA regarding the information to be maintained in 

the database developed pursuant to such section. Such report shall 

also include efforts by the Departments of State and Defense to include women in International Military Education and Training programs, including further steps that can be taken to increase female 

participation globally over the next three fiscal years. Not later 

than 30 days after enactment of this Act, the Secretary of State is 

directed to consult with the Committees on Appropriations on the 
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contents of such report, which shall be submitted concurrently with 

the report required by section 7034(b)(7) of this Act. 

FOREIGN MILITARY FINANCING PROGRAM

The Act provides $4,785,805,000 for Foreign Military Financing 

Program in this title, and an additional $1,325,808,000 in title VIII 

under this heading is designated for OCO/GWOT pursuant to 

BBEDCA.

TITLE V 

MULTILATERAL ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

The Act provides $339,000,000 for International Organizations 

and Programs. Funds under this heading are allocated according to 

the following table and subject to section 7019 of this Act: 

INTERNATIONAL ORGANIZATIONS AND PROGRAMS 

[Budget authority in thousands of dollars] 

Programs Budget

Authority

International Chemicals and Toxins Programs .............................................................................................. 3,175 

International Civil Aviation Organization ....................................................................................................... 800 

International Conservation Programs ............................................................................................................. 7,000 

International Development Law Organization ................................................................................................ 400 

International Maritime Organization .............................................................................................................. 325 

Montreal Protocol Multilateral Fund ............................................................................................................... 32,000 

Organization of American States Development Assistance Programs .......................................................... 500 

Regional Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships in Asia ........... 50 

UN Capital Development Fund ....................................................................................................................... 500 

UN Children’s Fund ........................................................................................................................................ 137,500 

Combating female genital mutilation programs .................................................................................. [5,000]

UN Democracy Fund ....................................................................................................................................... 3,000 

UN Development Program .............................................................................................................................. 80,000 

UN Environment Program ............................................................................................................................... 7,000 

UN High Commissioner for Human Rights .................................................................................................... 10,500 

UN Human Settlements Program ................................................................................................................... 700 

UN Office for the Coordination of Humanitarian Affairs ............................................................................... 2,500 

UN Population Fund ....................................................................................................................................... 32,500 

UN Special Representative of the Secretary-General for Sexual Violence in Conflict .................................. 1,750 

UN Trust Fund to End Violence Against Women ........................................................................................... 1,000 

UN Voluntary Fund for Technical Cooperation in the Field of Human Rights .............................................. 1,150 

UN Voluntary Fund for Victims of Torture ..................................................................................................... 6,550 

UN Women ...................................................................................................................................................... 8,500 

World Meteorological Organization ................................................................................................................. 1,000 

World Trade Organization Technical Assistance ............................................................................................ 600 

Total ....................................................................................................................................................... 339,000 

Of the funds allocated for the UN High Commissioner for Human 

Rights, a total of not less than $1,500,000 is for programs in Guatemala, Honduras, and El Salvador, and not less than $1,000,000 is 

for programs in Colombia. 
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INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

The Act provides $146,563,000 for Global Environment Facility. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

The Act provides $1,197,128,000 for Contribution to the International Development Association. 

CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION

AND DEVELOPMENT

The Act provides $5,963,421 for Contribution to the International 

Bank for Reconstruction and Development. 

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

The Act provides $21,939,727 for Contribution to the Inter-American Development Bank. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

The Act provides $99,233,000 for Contribution to the Asian Development Fund. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

The Act provides $32,418,000 for Contribution to the African Development Bank. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The Act provides $507,860,808 for Limitation on Callable Capital 

Subscriptions.

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

The Act provides $214,332,000 for Contribution to the African 

Development Fund. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

The Act provides $30,000,000 for Contribution to the International Fund for Agricultural Development. 

GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

The Act provides $23,000,000 for Global Agriculture and Food 

Security Program. 

TITLE VI—EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

INSPECTOR GENERAL

The Act provides $5,700,000 for Inspector General for the ExportImport Bank of the United States. 
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ADMINISTRATIVE EXPENSES

The Act provides $110,000,000 for Administrative Expenses for 

the Export-Import Bank of the United States. 

The agreement supports the use of fees for authorized programs 

and activities. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Act provides $70,000,000 for Noncredit Account of the Overseas Private Investment Corporation. 

PROGRAM ACCOUNT

The Act provides $20,000,000 for Program Account of the Overseas Private Investment Corporation (OPIC). 

OPIC is directed to allocate not less than $500,000 to support a 

memorandum of understanding (MOU) between OPIC and USAID 

to reimburse the USAID OIG for costs related to robust inspection, 

audit, and evaluation activities. Such an MOU is to be signed within 45 days after enactment of this Act and in a mutually agreeable 

manner.

The directive in the House report under this heading shall apply 

to the fiscal year 2018 CBJ. 

TRADE AND DEVELOPMENT AGENCY

The Act provides $75,000,000 for Trade and Development Agency.

The Act includes funds under this heading for necessary expenses for build out, outfitting, physical move, and rent payments 

for office space provided under a long-term replacement lease executed by the General Services Administration (GSA) for the personnel of the Agency. Not later than 30 days after the enactment 

of this Act, the Agency is directed to report to the Committees on 

Appropriations on the status of the agreement with GSA and the 

full scope of funding necessary to effectively transition the Agency 

to new office space. 

TITLE VII—GENERAL PROVISIONS 

The following general provisions are continued in this Act substantively unchanged from the fiscal year 2016 Act (division K of 

Public Law 114-113): 

Section 7001. Allowances and Differentials 

Section 7003. Consulting Services 

Section 7007. Prohibition Against Direct Funding for Certain Countries

Section 7008. Coups d’Etat 

Section 7011. Availability of Funds 

Section 7012. Limitation on Assistance to Countries in Default 

Section 7014. Reservations of Funds 

Section 7016. Notification on Excess Defense Equipment 

Section 7018. Prohibition on Funding for Abortions and Involuntary 

Sterilization
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Section 7020. Representation and Entertainment Expenses 

Section 7021. Prohibition on Assistance to Governments Supporting 

International Terrorism 

Section 7022. Authorization Requirements 

Section 7024. Authorities for the Peace Corps, Inter-American Foundation and United States African Development Foundation 

Section 7025. Commerce, Trade and Surplus Commodities 

Section 7026. Separate Accounts 

Section 7027. Eligibility for Assistance 

Section 7030. Debt-for-Development 

Section 7035. Arab League Boycott of Israel 

Section 7036. Palestinian Statehood 

Section 7037. Restrictions Concerning the Palestinian Authority 

Section 7038. Prohibition on Assistance to the Palestinian Broadcasting Corporation 

Section 7039. Assistance for the West Bank and Gaza 

Section 7040. Limitation on Assistance for the Palestinian Authority 

Section 7047. War Crimes Tribunals 

Section 7049. Community-Based Police Assistance 

Section 7050. Disability Programs 

Section 7051. International Conferences 

Section 7052. Aircraft Transfer, Coordination, and Use 

Section 7053. Parking Fines and Real Property Taxes Owed by Foreign Governments 

Section 7054. Landmines and Cluster Munitions 

Section 7055. Prohibition on Publicity or Propaganda 

Section 7057. United States Agency for International Development 

Management

Section 7061. Overseas Private Investment Corporation 

Section 7062. Arms Trade Treaty 

Section 7064. Reporting Requirements Concerning Individuals Detained at Naval Station Guantanamo Bay, Cuba 

Section 7065. Multi-Year Pledges 

Section 7066. Prohibition on the Use of Torture 

Section 7067. Extradition 

Section 7068. Commercial Leasing of Defense Articles 

Section 7071. International Monetary Fund 

Section 7072. Special Defense Acquisition Fund 

Section 7074. Enterprise Funds 

Section 7075. Use of Funds in Contravention of this Act 

Section 7079. Impact on Jobs in the United States 

Section 7082. United Nations Population Fund 

The following general provisions are new or substantively modified from the fiscal year 2016 Act (division K of Public Law 114– 

113):

Section 7002. Unobligated Balances Report (Modified) 

Section 7004. Diplomatic Facilities (Modified) 

The Act includes modified language from prior fiscal years regarding diplomatic facilities to conform with provisions included in 

the Department of State Authorities Act, Fiscal Year 2017 (Public 

Law 114–323). In addition, subsections (d), (e), and (h) continue, in 

modified form, the consultation and notification requirements re-
1592

garding the acquisition of property or award of construction contracts for overseas diplomatic facilities; the reporting directives 

concerning the new embassy compound projects in London, Mexico 

City, and Beirut; and the allocation of funds to address security 

vulnerabilities at interim and temporary United States diplomatic 

facilities.

Subsection (g) includes a new directive of not less than 

$10,000,000 for physical security upgrades to soft targets used by 

United States diplomatic personnel and their dependents posted 

overseas. In addition to consulting with the Director of Overseas 

Building Operations as required by this subsection, the Assistant 

Secretary for Diplomatic Security shall consult with Chiefs of Missions prior to allocating funds for such purposes. 

Section 7005.Personnel Actions (Modified) 

Section 7006.Department of State Management (New) 

For the purposes of subsection (c), the term ‘‘as appropriate’’ 

shall mean all Department and Federal financial management policies, procedures and regulations applicable to such bureau or office. 

Section 7009.Transfer of Funds Authority (Modified) 

Section 7010. Prohibition on Certain Operational Expenses (Modified)

Section 7013. Prohibition on Taxation of United States Assistance 

(Modified)

Section 7015. Notification Requirements (Modified) 

Concurrent with the submission of the initial congressional notification submitted for funds made available under title IV of this 

Act for assistance for Ethiopia, Libya, Nigeria, Pakistan, Philippines, Somalia, and South Sudan, the Secretary of State shall inform the Committees on Appropriations of the procedures in place 

pursuant to section 620M(d) of the FAA. 

In lieu of the notification requirements in the House report for 

certain trust funds, notifications submitted pursuant to subsection 

(g) shall include the following information: 

(1) the office or bureau at USAID or the Departments of 

State and the Treasury that will oversee programs and expenditures of the trust fund; 

(2) the Web site link to publicly available expenditures of the 

trust fund; 

(3) a copy of the administrative agreement between the 

international financial institution and the United States; and 

(4) whether direct government assistance will be provided by 

the trust fund and specific risk mitigation and anti-corruption 

steps are being taken by the trust fund. 

The Departments of State and the Treasury and USAID shall 

consult with the Committees on Appropriations on the process of, 

and requirements for, incorporation of provisions under title III of 

this Act into administrative agreements with international financial institutions. 
1593

Section 7017. Limitation on Availability of Funds for International 

Organizations and Programs (Modified) 

Section 7019. Allocations (Modified) 

Section 7023. Definition of Program, Project, and Activity (Modified)

Section 7028. Local Competition (Modified) 

Section 7029. International Financial Institutions (Modified) 

Section 7031. Financial Management and Budget Transparency 

(Modified)

Section 7032. Democracy Programs (Modified) 

The Act provides a total of not less than $2,308,517,000 for democracy programs. Such funds are allocated according to the following table and subject to section 7019 of this Act: 

DEMOCRACY PROGRAMS 

[Budget authority in thousands of dollars] 

Region Budget

Authority

Africa .............................................................................................................................................................. 314,271 

Lake Chad Basin countries (section 7042(e)) ...................................................................................... [33,000]

East Asia and the Pacific .............................................................................................................................. 147,130 

Europe and Eurasia ........................................................................................................................................ 218,141 

Near East ........................................................................................................................................................ 280,111 

Iraq ........................................................................................................................................................ [55,000]

Near East Regional Democracy ............................................................................................................. [32,000]

South and Central Asia .................................................................................................................................. 517,426 

Bangladesh ............................................................................................................................................ [8,600]

Western Hemisphere ....................................................................................................................................... 551,245 

Venezuela ............................................................................................................................................... [7,000]

Global programs ............................................................................................................................................. 280,193 

Total .............................................................................................................................................. 2,308,517 

Regional and country totals in the Democracy Programs table are 

derived from bilateral funds and global programs are in addition to 

such funds. 

Section 7033. International Religious Freedom (Modified) 

The Act includes not less than $500,000 for the development and 

implementation of an international religious freedom curriculum 

for Foreign Service Officers. The Secretary of State shall consult 

with the Ambassador-at-Large for International Religious Freedom, 

the Director of the George P. Schultz National Foreign Affairs 

Training Center, the United States Commission on International 

Religious Freedom, and other Federal officials, as appropriate, on 

the content of the training and curriculum, which shall include appropriate collection methods regarding religious persecution that do 

not endanger at-risk populations. Not later than 180 days after the 

date of enactment of this Act, the Secretary of State is directed to 

submit to the Committees on Appropriations a report describing 

the status of the development of such curriculum and training. 

Subsection (d) includes language regarding atrocities prevention. 

Funds made available for atrocities prevention in this Act should 
1594

be made available to support programs to prevent atrocities committed by the armed forces of Burma against ethnic minorities, 

particularly in Rakhine, Shan, Kachin, and Karen States, and 

atrocities committed by the security forces of Ethiopia against the 

Oromo and other ethnic groups. 

In addition, such funds and funds appropriated in the Security 

Assistance Appropriations Act, 2017 (division B of Public Law 114– 

254), shall, where feasible, support the efforts of entities, including 

nongovernmental organizations, to assist in addressing crimes of 

genocide, crimes against humanity, or war crimes in Iraq and 

Syria, including assistance in the conduct of criminal investigations, the development of local investigative and judicial skills, and 

the collection and preservation of evidence and the chain of custody 

of evidence. 

Funds for atrocities prevention are allocated according to the following table and subject to section 7019 of this Act: 

ATROCITIES PREVENTION 

[Budget authority in thousands of dollars] 

Account Budget

Authority

Economic Support Fund ................................................................................................................................. 5,000 

International Narcotics Control and Law Enforcement .................................................................................. 5,000 

Section 7034. Special Provisions (Modified) 

Subsection (b)(8)(A) directs that funds provided under Foreign 

Military Financing Program be made available to increase the efficiency and effectiveness of foreign military sales programs. The 

Secretary of State is also directed to identify in the submission of 

subsequent CBJ documents any resources required by the Department of State to support measures to increase the efficiency and effectiveness of such programs. 

The Secretary of State is directed to continue cooperating with 

the ongoing review being conducted by the Government Accountability Office (GAO) to identify reforms that can be made by the 

Departments of State and Defense to increase the efficiency and effectiveness of the foreign military sales process. The Secretary of 

State, in coordination with the Secretary of Defense, shall include 

in the report required by subsection (b)(8)(B) the steps taken or 

planned to be taken to implement the GAO recommendations, including each Department’s response to each recommendation, how 

such recommendations will be implemented and over what time period, the resources required to do so, and the likely impact that 

such steps will have on sales processes and timelines. The report 

shall also include a description of any other ongoing reviews and 

initiatives and steps taken in response to recommendations. 

In accordance with subsection (b)(8)(C), the Secretary of State, in 

coordination with the Secretary of Defense, shall include a list of 

cases under development for major defense equipment (as defined 

in section 47 of the Arms Export Control Act) that are above the 

thresholds identified in section 36(b) of the Arms Export Control 

Act for which the letter of request is over 180 days old, consultations have not begun with the committees of jurisdiction, and a 
1595

Letter of Offer has not been submitted. Such list shall include: (1) 

the date of the letter of request; (2) the amount of the proposed 

sale; and (3) a description of the defense article or service. The report shall be submitted in unclassified form, but may be accompanied by a classified annex, if necessary. The Secretary of State, 

in coordination with the Secretary of Defense, shall also be prepared to discuss the status of each case, including whether the case 

has been received by the Department of State. 

Subsection (d)(2)(B) provides $3,500,000 for reimbursement of 

costs incurred by civil society related to research and documentation in support of the activities of international tribunals established to try cases of war crimes, genocide, and crimes against humanity. This amount is in addition to any bilateral assistance provided to a country. The Secretary of State shall consult with the 

Committees on Appropriations prior to the obligation of such funds. 

The Secretary of State shall ensure that any future tribunal established for such purposes considers the role of, and costs to, civil 

society in support of tribunal activities. Such costs should be 

factored into the overall expenses of the tribunal, and agreements 

established to ensure timely reimbursement of assistance provided. 

When initiating any new partner vetting program pursuant to 

subsection (e)(2), the Secretary of State and USAID Administrator 

shall ensure implementing partners are provided with information 

on the requirements of such program, including a description of 

vetting processes; how information collected will be stored, protected, and used; and the processes by which concerns raised during vetting may be addressed. The report required in paragraph (1) 

shall include recommendations for standardizing and streamlining 

vetting processes; an analysis of providing exemptions for certain 

activities, including democracy and humanitarian assistance; a description of consultations with governmental and nongovernmental 

stakeholders affected by the pilot program; and responses to concerns raised during such consultations. For purposes of this subsection, ‘‘to mitigate the risk of diversion of foreign assistance’’ 

means to mitigate such risk primarily in a country in conflict and 

to terrorists and other extremists. 

In addition to the directives in subsection (j), and with respect 

to the implementation of section 203(a)(2) of Public Law 110–457, 

the Secretary of State shall consider the following as sufficient to 

determine that a diplomatic mission ‘‘tolerated such actions’’: the 

failure to provide a replacement passport within a reasonable period of time to a T-visa recipient; the existence of multiple concurrent civil suits against members of the diplomatic mission; or a failure to satisfy a civil judgment against an employee of the diplomatic mission. 

Section 7041. Middle East and North Africa 

Egypt. Funds for Egypt are allocated according to the following 

table and subject to section 7019 of this Act: 
1596

EGYPT

[Budget authority in thousands of dollars] 

Account Budget

Authority

Economic Support Fund ................................................................................................................................. 112,500 

Egyptian American Enterprise Fund ...................................................................................................... [29,400]

International Narcotics Control and Law Enforcement .................................................................................. 2,000 

Nonproliferation, Anti-terrorism, Demining and Related Programs ............................................................... 3,000

International Military Education and Training ............................................................................................... 1,800 

Foreign Military Financing Program ............................................................................................................... 1,300,000 

Total .............................................................................................................................................. 1,419,300 

The Act provides not less than $10,000,000 for Egyptian students 

with high financial need to attend not-for-profit institutions of 

higher education. Such institutions must meet standards equivalent to those required for United States institutional accreditation 

by a regional accrediting agency recognized by the United States 

Department of Education. Students should be eligible for scholarships based on need, outstanding academic record, and leadership 

potential to contribute to the long-term political, economic, and social development of Egypt. The curriculum of such institutions 

should encourage critical thinking and be taught in the English 

language.

If the Secretary of State determines and reports to the Committees on Appropriations that the Government of Egypt is prohibiting 

or otherwise interfering with the conduct or operations of programs 

supported by funds made available for assistance for Egypt under 

Economic Support Fund in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, the Secretary may reprogram such funds for activities outside of Egypt, following consultation with such Committees. 

For the purpose of the certification required under subsection 

(a)(3)(A), civil society organizations shall include human rights defenders, and violations of human rights shall include the murder 

of Giulio Regeni, a University of Cambridge doctoral student. 

Section 7034(o)(1) of this Act provides loan guarantee authority 

for Egypt, which may be made available following consultation by 

the Secretary of State with the Committees on Appropriations. As 

part of such consultation, the Secretary shall provide an assessment of the business environment for United States companies, including the identification of institutional, regulatory, and political 

obstacles to investment. 

Not later than 60 days after enactment of this Act, the Secretary 

of State shall submit a report to the Committees on Appropriations, 

in classified form if necessary, describing and evaluating the cooperation of the Government of Egypt on bilateral and multilateral 

nonproliferation efforts. 

Iraq. For the purposes of the reporting requirement contained in 

the Introduction of the Senate report under the Iraq heading, the 

Secretary of State shall submit the report as described, except the 

reference to the Iraqi Constitution shall be article 125. 

Israel. The Act makes available $75,000,000 under Foreign Military Financing Program for Israel from the Security Assistance Appropriations Act, 2017 (division B of Public Law 114–254), which 
1597

is in addition to funds made available under such heading in title 

IV of this Act. The total amount provided under Foreign Military 

Financing Program for assistance for Israel in fiscal year 2017 is 

$3,175,000,000.

Jordan.—The Act provides not less than $1,279,950,000 for assistance for Jordan. Such funds are allocated according to the following table and subject to section 7019 of this Act: 

JORDAN

[Budget authority in thousands of dollars] 

Account Budget

Authority

Economic Support Fund ................................................................................................................................. 812,350 

Nonproliferation, Anti-terrorism, Demining and Related Programs ............................................................... 13,600

International Military Education and Training ............................................................................................... 4,000 

Foreign Military Financing Program ............................................................................................................... 450,000 

Total ....................................................................................................................................................... 1,279,950 

Libya.—No funds were requested for lethal assistance for Libya, 

and none are provided in this Act. In submitting the certification 

required by subsection (g)(3), the Secretary of State is directed to 

include a description of how regular oversight will be provided by 

the Department of State and USAID. 

Morocco.—Funds for Morocco are allocated according to the following table and subject to section 7019 of this Act: 

MOROCCO

[Budget authority in thousands of dollars] 

Account Budget

Authority

Economic Support Fund ................................................................................................................................. 20,000 

International Narcotics Control and Law Enforcement .................................................................................. 5,000 

Nonproliferation, Anti-terrorism, Demining and Related Programs ............................................................... 1,500

International Military Education and Training ............................................................................................... 2,000 

Foreign Military Financing Program ............................................................................................................... 10,000 

Total ....................................................................................................................................................... 38,500 

Refugees in North Africa.—In lieu of the report directive concerning Refugees in Algeria under Migration and Refugee Assistance in the House report, subsection (i) includes a reporting requirement concerning the delivery of humanitarian assistance to 

refugees in North Africa. 

Syria.—For purposes of subsection (j)(1)(K), the protection and 

preservation of the cultural identity of the people of Syria as a 

counterbalance to extremism shall include programs to promote the 

use of traditional art, music, and literature. 

Subsection (j)(3) continues a program initiated in fiscal year 2016 

regarding support for Syrian organizations. The Assistant Secretary for Democracy, Human Rights, and Labor, Department of 

State, shall have responsibility for such program, including the 

management of funds. 

Operational support for civil society organizations, particularly 

those that emerge in conflict situations like Syria, serves to 

strengthen the foundations of democracy and the rule of law. The 
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Secretary of State and USAID Administrator, as appropriate, shall 

provide core support to such organizations in Syria. 

Tunisia.—The Act provides not less than $165,400,000 for assistance for Tunisia. Such funds are allocated according to the following table and subject to section 7019 of this Act: 

TUNISIA

[Budget authority in thousands of dollars] 

Account Budget

Authority

Economic Support Fund ................................................................................................................................. 79,000 

Democracy Programs ............................................................................................................................. [28,300]

International Narcotics Control and Law Enforcement .................................................................................. 13,000 

Nonproliferation, Anti-terrorism, Demining and Related Programs ............................................................... 6,100

International Military Education and Training ............................................................................................... 2,300 

Foreign Military Financing Program ............................................................................................................... 65,000 

Total .............................................................................................................................................. 165,400 

The Act includes $5,000,000 above the budget request under Economic Support Fund for democracy programs for Tunisia to support 

the activities described in the first proviso of section 7041(i) of the 

Senate bill. This amount is in addition to other funds made available for such purposes. The Department of State and USAID, as 

appropriate, shall consult with the Committees on Appropriations 

prior to the obligation of such funds. 

West Bank and Gaza.—The report required in subsection (l)(3) 

shall also include a description of steps taken by the Department 

of State to discourage such payments. 

Other assistance for the Middle East and North Africa.—Funds

for certain programs for the Middle East and North Africa are allocated according to the following table and subject to section 7019 

of this Act: 

OTHER ASSISTANCE FOR THE MIDDLE EAST AND NORTH AFRICA 

[Budget authority in thousands of dollars] 

Account/Program Budget

Authority

Economic Support Fund: 

Lebanon ................................................................................................................................................. 110,000 

Scholarships ................................................................................................................................. [12,000]

Marla Ruzicka Iraqi War Victims Fund ................................................................................................. 7,500 

Middle East Partnership Initiative scholarship program ...................................................................... 12,000

Middle East Regional Cooperation ........................................................................................................ 5,000 

International Narcotics Control and Law Enforcement: 

West Bank security assistance ............................................................................................................. 60,000 

Foreign Military Financing Program: 

Iraq ........................................................................................................................................................ 250,000 

Lebanon Scholarships.—The USAID Administrator is directed to 

ensure that Lebanese students attending public and private secondary schools are eligible to apply for university scholarships. 

Section 7042. Africa 

Partnership for Regional East Africa Counterterrorism.—Funds

for the Partnership for Regional East Africa Counterterrorism are 
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allocated according to the following table and subject to section 

7019 of this Act: 

PARTNERSHIP FOR REGIONAL EAST AFRICA COUNTERTERRORISM 

[Budget authority in thousands of dollars] 

Account Budget

Authority

Economic Support Fund ................................................................................................................................. 2,000 

International Narcotics Control and Law Enforcement .................................................................................. 1,000 

Nonproliferation, Anti-terrorism, Demining and Related Programs ............................................................... 11,150

Peacekeeping Operations ............................................................................................................................... 10,000 

Total ....................................................................................................................................................... 24,150 

Trans-Sahara Counterterrorism Partnership.—Funds for the 

Trans-Sahara Counterterrorism Partnership are allocated according to the following table and subject to section 7019 of this Act: 

TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP 

[Budget authority in thousands of dollars] 

Account Budget

Authority

Development Assistance ................................................................................................................................. 15,275 

Economic Support Fund ................................................................................................................................. 10,000 

International Narcotics Control and Law Enforcement .................................................................................. 6,000 

Nonproliferation, Anti-terrorism, Demining and Related Programs ............................................................... 18,446

Peacekeeping Operations ............................................................................................................................... 20,100 

Total ....................................................................................................................................................... 69,821 

Ethiopia.—The Secretary of State shall update the report on 

Ethiopia required under Economic Support Fund in the Senate report, which should also include: a detailed description of the role 

and conduct of the Ethiopian National Defense Force in internal security, including under the state of emergency declared in October 

2016; the impact of such role and conduct on United States-funded 

security assistance and cooperation programs; and any changes 

made, or intended to be made, to the content of other United States 

programs to respond to instability in that country. The updated report shall be submitted in unclassified form, but may include a 

classified annex. 

South Sudan.—The United States has invested more than 

$4,400,000,000 in the stability and development of South Sudan 

since its independence in 2011. Given the longstanding ties between the United States and the people of South Sudan, the Act 

includes a new requirement that the Secretary of State submit a 

diplomatic and assistance strategy for South Sudan which 

prioritizes the cessation of hostilities and the delivery of humanitarian aid and essential services. The strategy shall also include 

detailed information on how assistance will support civil society 

and accountability for war crimes, the prevention and response to 

gender-based violence, and international organizations for the purpose of implementing a peace agreement. The strategy should outline specific objectives for aid and associated benchmarks, as well 

as a description of how oversight will be conducted. 
1600

No funds were requested for assistance for South Sudan under 

International Military Education and Training and Foreign Military Financing Program, and none are provided by this Act. 

Other assistance for Africa.—Funds for certain programs for Africa are allocated according to the following table and subject to section 7019 of this Act: 

OTHER ASSISTANCE FOR AFRICA 

[Budget authority in thousands of dollars] 

Account/Program Budget

Authority

Development Assistance: 

Malawi higher education ....................................................................................................................... 10,000 

Economic Support Fund: 

Counter Lord’s Resistance Army (section 7042(f)) ............................................................................... 10,000

Democratic Republic of the Congo ....................................................................................................... 75,188 

Djibouti .................................................................................................................................................. 9,000 

Liberia .................................................................................................................................................... 65,429 

West Africa anti-slavery programs ....................................................................................................... 2,000 

Funds for West Africa anti-slavery programs are derived from 

within bilateral country and regional programs. 

Section 7043. East Asia and the Pacific 

Burma.—Funds for Burma are allocated according to the following table and subject to section 7019 of this Act: 

BURMA

[Budget authority in thousands of dollars] 

Account Budget

Authority

Global Health Programs ................................................................................................................................. 29,000 

Economic Support Fund ................................................................................................................................. 82,700 

International Narcotics Control and Law Enforcement .................................................................................. 3,000 

Total ....................................................................................................................................................... 114,700 

The Act provides responsibility for democracy and human rights 

programs in Burma to the United States Chief of Mission in 

Burma, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. Such responsibility shall include final approval for the specific uses of funds regardless of the bureau or agency managing such funds. 

As in prior fiscal years, core support shall be provided to local 

civil society organizations in Burma. 

The restrictions on assistance for entities in subsection 

(b)(1)(B)(vii) shall include the Union of Myanmar Economic Holdings Limited and the Myanmar Economic Corporation. 

The Secretary of State shall submit a report to the Committees 

on Appropriations not later than September 30, 2017 assessing the 

feasibility of using the old chancery building in Rangoon as a center to commemorate the struggle for democracy in Burma. In preparing the report, the Secretary shall consult with appropriate government officials in Burma, relevant civil society organizations, 

and such Committees. 
1601

Not later than 45 days after the enactment of this Act and prior 

to the initial obligation of funds made available for assistance for 

Burma, the Secretary of State shall submit a report detailing steps 

taken by the Government of Burma to address human rights 

abuses committed by the armed forces of Burma against ethnic minorities, including the use of rape as a weapon of war. 

Mongolia.—The Secretary of State shall follow the directive in 

the Senate report under Foreign Military Financing Program regarding assistance for Mongolia. 

People’s Republic of China.—The Secretary of State and USAID 

Administrator are directed to provide no assistance to the central 

Government of the People’s Republic of China under Global Health 

Programs, Development Assistance, and Economic Support Fund, 

except for assistance to detect, prevent, and treat infectious diseases.

Philippines.—Extrajudicial killings in the Philippines, particularly those committed in the conduct of the anti-drug campaign, 

call into question the commitment of the central Government of the 

Philippines to human rights, due process and the rule of law. The 

Secretary of State shall inform the Committees on Appropriations 

in a timely manner of the United States policy toward the Philippines, including the response to such killings. 

The report required in subsection (f) shall include an assessment 

of the following information: (1) the status of diplomatic relations 

between the United States and the Philippines, and significant 

changes in the policy of the Government of the Philippines on matters of national interest to the Government of the United States; 

(2) the degree to which the Armed Forces of the Philippines (AFP) 

benefits from United States assistance, armaments, equipment, 

systems, and training; (3) the impact of United States assistance 

on AFP modernization, maritime domain awareness, and operational capabilities of the Philippines Coast Guard, including to 

maintain an effective presence in Philippine territorial waters; (4) 

the impact of United States assistance on economic growth in the 

Philippines, including through United States-Philippines Partnership for Growth programs; (5) the importance of United States 

markets for Philippine exports, such as computer components, 

automobile parts, electrical machinery, and textiles; (6) the importance of United States foreign direct investment in the Philippines, 

and the influence of the United States as an investor and market 

for the Philippine business process outsourcing industry; (7) the 

economic benefit of annual remittances to the Philippines from the 

United States; (8) the adherence of the Government of the Philippines to the rule of law, including due process, particularly in efforts to counter illicit narcotics; (9) efforts by the Government of 

the Philippines to credibly investigate and prosecute individuals or 

organizations responsible for inciting, directing, or carrying out 

extra-judicial killings in the Philippines; and (10) the threat of 

Islamist terrorist groups in Mindanao and elsewhere in the southern region of the Philippines, and the impact of the United States 

military in supporting counterterrorism efforts. 

The Secretary of State shall also comply with the reporting requirement in the Senate report under Foreign Military Financing 
1602

Program with respect to certain actions by the Government of the 

Philippines.

Thailand.—Funds for Thailand under Economic Support Fund 

are allocated according to the following table and subject to section 

7019 of this Act: 

THAILAND

[Budget authority in thousands of dollars] 

Account Budget

Authority

Economic Support Fund: 

Democracy and conflict resolution programs ....................................................................................... 4,000 

The Secretary of State shall consult with the Committees on Appropriations prior to the obligation of assistance for Thailand. 

Assistance is not included under International Military Education and Training and Foreign Military Financing Program due 

to section 7008 of this Act. 

Tibet.—Funds for Tibet under Economic Support Fund are allocated according to the following table and subject to section 7019 

of this Act: 

TIBET

[Budget authority in thousands of dollars] 

Account/Program Budget

Authority

Economic Support Fund: 

Tibetan communities in the Tibetan Autonomous Region and other Tibetan communities in the 

People’s Republic of China .............................................................................................................. 8,000 

Tibetan communities in India and Nepal ............................................................................................. 6,000 

The Secretary of State and USAID Administrator, as appropriate, shall follow the directives regarding assistance for Tibet 

under such heading in the Introduction in the Senate report. 

Vietnam.—Funds for certain programs for Vietnam are allocated 

according to the following table and subject to section 7019 of this 

Act:

VIETNAM

[Budget authority in thousands of dollars] 

Account/Program Budget

Authority

Development Assistance ................................................................................................................................. 55,250 

International Narcotics Control and Law Enforcement .................................................................................. 4,450 

Nonproliferation, Anti-terrorism, Demining and Related Programs Humanitarian Demining ....................... 12,500 

Foreign Military Financing Program ............................................................................................................... 12,000 

East Asia and the Pacific Region.—The Secretary of State shall 

follow the funding directive for the East Asia and Pacific region 

under such heading in the Introduction in the Senate report, which 

shall be reflected in the 653(a) report. 

Other assistance for East Asia and the Pacific Region.—Funds for 

certain programs in East Asia and the Pacific are allocated according to the following table and subject to section 7019 of this Act: 
1603

OTHER ASSISTANCE FOR EAST ASIA AND THE PACIFIC REGION 

[Budget authority in thousands of dollars] 

Account/Program Budget

Authority

Global Health Programs: 

Laos nutrition programs ........................................................................................................................ $3,500 

Development Assistance: 

Laos ....................................................................................................................................................... 20,000 

Timor-Leste ............................................................................................................................................ 16,000 

Economic Support Fund: 

People’s Republic of China (democracy, rule of law, and environment) ............................................. 15,000 

International Narcotics Control and Law Enforcement: 

Indonesia ............................................................................................................................................... 10,625 

Laos ....................................................................................................................................................... 1,000 

Southeast Asia Maritime Security Initiative ......................................................................................... 7,750 

Nonproliferation, Anti-terrorism, Demining and Related Programs: 

Laos humanitarian demining ................................................................................................................ 30,000 

Foreign Military Financing Program: 

Indonesia ............................................................................................................................................... 14,000 

Section 7044. South and Central Asia 

Afghanistan.—The Special Inspector General for Afghanistan Reconstruction, in consultation with the Offices of the Inspector General of the Department of State and USAID, shall conduct an assessment of implementation of the anti-corruption strategy referenced in subsection (a)(2)(B)(v), including by revenue generating 

ministries in Afghanistan, and submit such assessment to the Committees on Appropriations not later than May 31, 2018. 

For purposes of the certification required in paragraph (2)(B)(vi), 

monitoring and oversight frameworks shall include the use of effective third party monitoring. 

The Secretary of State shall review infrastructure projects proposed for Afghanistan supported with funds appropriated in prior 

Acts making appropriations for the Department of State, foreign 

operations, and related programs and may, following consultation 

with the Committees on Appropriations and in support of the strategy required by paragraph (1)(A), deobligate and reobligate such 

funding for other programs in Afghanistan. 

The Secretary of State, in consultation with the USAID Administrator, shall ensure sufficient funding for the safety and security of 

soft targets in Afghanistan, including the American University of 

Afghanistan.

Prior to the obligation of funds for the Afghan Civilian Assistance Program and the Pakistan Civilian Assistance Program, the 

USAID Administrator shall consult with the Committees on Appropriations.

Other assistance for South and Central Asia.—Funds for certain 

programs for South and Central Asia are allocated according to the 

following table and subject to section 7019 of this Act: 

OTHER ASSISTANCE FOR SOUTH AND CENTRAL ASIA 

[Budget authority in thousands of dollars] 

Account Budget

Authority

Development Assistance: 

Bangladesh labor programs ................................................................................................................................ $3,000 
1604

OTHER ASSISTANCE FOR SOUTH AND CENTRAL ASIA—Continued 

[Budget authority in thousands of dollars] 

Account Budget

Authority

Economic Support Fund: 

Civilian victims of war, Afghanistan .................................................................................................................. 10,000 

Civilian victims of war, Pakistan ....................................................................................................................... 10,000 

Nepal ................................................................................................................................................................... 72,500 

Sri Lanka ............................................................................................................................................................. 31,017 

Foreign Military Financing Program: 

Sri Lanka ............................................................................................................................................................. 500 

Section 7045. Latin America and the Caribbean 

Central America.—Subsection (a) provides that $655,000,000 

should be made available for assistance for countries in Central 

America to implement the United States Strategy for Engagement 

in Central America. Such funds are allocated according to the following table and subject to section 7019 of this Act: 

UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA 

[Budget authority in thousands of dollars] 

Country/Program Budget

Authority

Global Health Programs: 

Guatemala ............................................................................................................................................. $13,000 

Subtotal ........................................................................................................................................ 13,000 

Development Assistance: 

El Salvador ............................................................................................................................................ 70,000 

Guatemala ............................................................................................................................................. 110,000 

Honduras ............................................................................................................................................... 90,000 

Nicaragua .............................................................................................................................................. 9,535 

Subtotal ........................................................................................................................................ 279,535 

Economic Support Fund: 

Central America Regional Security Initiative ........................................................................................ 104,225 

Subtotal ........................................................................................................................................ 104,225 

International Narcotics Control and Law Enforcement: 

Central America Regional Security Initiative ........................................................................................ 225,000 

Costa Rica ............................................................................................................................................. [25,000]

DNA forensic technology ........................................................................................................................ [6,000]

Subtotal ........................................................................................................................................ 225,000 

Nonproliferation, Anti-terrorism, Demining and Related Programs: 

Panama ................................................................................................................................................. 500 

Subtotal ........................................................................................................................................ 500 

International Military Education and Training: 

Belize ..................................................................................................................................................... 250 

Costa Rica ............................................................................................................................................. 725 

El Salvador ............................................................................................................................................ 800 

Guatemala ............................................................................................................................................. 800 

Honduras ............................................................................................................................................... 800 

Panama ................................................................................................................................................. 725 

Subtotal ........................................................................................................................................ 4,100 

Foreign Military Financing Program: 

Belize ..................................................................................................................................................... 1,000 

Costa Rica ............................................................................................................................................. 5,000 

El Salvador ............................................................................................................................................ 1,900 

Guatemala ............................................................................................................................................. 1,740 
1605

UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA—Continued 

[Budget authority in thousands of dollars] 

Country/Program Budget

Authority

Honduras ............................................................................................................................................... 4,500 

Panama ................................................................................................................................................. 2,000 

State Western Hemisphere Regional ..................................................................................................... 12,500 

Subtotal ........................................................................................................................................ 28,640 

Total ..................................................................................................................................... 655,000 

The Act does not include funds for cash transfer assistance or 

major infrastructure projects for countries in Central America. 

Such projects should be financed from sources other than the 

United States Government. 

The Secretary of State shall include in the updated Strategy required by subsection (a)(1) the following information: a clear mission statement; achievable goals and objectives; appropriate benchmarks and timelines; an assessment of progress made under the 

current Strategy; and an explanation for any changes made relative to the current Strategy. Such information should be described 

at both the regional and the country level. 

Following the submission of the updated Strategy, and prior to 

the obligation of funds made available pursuant to subsection 

(a)(2), the Secretary of State, in coordination with the USAID Administrator, shall follow the directives in the House report under 

this section regarding the plan for monitoring and evaluation. Not 

later than October 30, 2017, the plan and results shall be submitted to the appropriate congressional committees and posted to 

the Department of State and USAID Web sites. 

In accordance with subsection (a)(3), the multi-year spend plan 

shall describe in detail the proposed uses of assistance from this 

Act for each country and the amounts allocated from prior Acts 

making appropriations for the Department of State, foreign operations, and related programs to support the Strategy. The plan 

shall also describe: how such assistance differs from, complements, 

and leverages funds allocated by each foreign government, other 

donors (including international financial institutions), and other 

United States Government agencies; the amounts of funding from 

such sources; funds planned to be transferred or otherwise provided 

to other United States government agencies, international financial 

institutions, and commissions, and the purpose; and the funding 

levels planned for each of the central governments of El Salvador, 

Guatemala, and Honduras. 

The Secretary of State shall consult with the Committees on Appropriations prior to: submitting any certification made pursuant to 

subsection (a)(4); any suspension of assistance made pursuant to 

subsection (a)(5); and any transfer of funds made pursuant to subsection (a)(6). 

In making the certification pursuant to subsection (a)(4)(B)(vii), 

the Secretary of State shall determine, among other things, whether such government is providing commissions with full access to information and documents in its possession, including budgetary information. The certification requirement in this clause shall not 
1606

apply to the Government of El Salvador unless a similar commission is established in that country. 

The agreement supports efforts to strengthen the rule of law by 

combating corruption and impunity in Central America. Within the 

total funding provided for the United States Strategy for Engagement in Central America, funds for certain organizations and offices are allocated according to the following table and subject to 

section 7019 of this Act: 

ORGANIZATIONS AND OFFICES 

[Budget authority in thousands of dollars] 

Program Budget

Authority

International Commission Against Impunity in Guatemala ..........................................................................

Central America Regional Security Initiative ........................................................................................ $6,000 

Mission to Support the Fight Against Corruption and Impunity in Honduras .............................................. 5,000 

Development Assistance ........................................................................................................................ [2,000]

Central America Regional Security Initiative ........................................................................................ [3,000]

Office of the Attorney General/Public Ministry, El Salvador .......................................................................... 10,500 

Development Assistance ........................................................................................................................ [500]

Central America Regional Security Initiative ........................................................................................ [10,000]

Office of the Attorney General/Public Ministry, Guatemala ........................................................................... 11,000 

Development Assistance ........................................................................................................................ [500]

Central America Regional Security Initiative ........................................................................................ [10,500]

Office of the Attorney General/Public Ministry, Honduras ............................................................................. 6,500 

Development Assistance ........................................................................................................................ [500]

Central America Regional Security Initiative ........................................................................................ [6,000]

The Secretary of State, in consultation with the heads of other 

relevant United States Government agencies, is directed to make 

available to the International Commission Against Impunity in 

Guatemala and the Attorney General of Guatemala, if requested, 

information available to the Secretary that could assist in investigations and prosecutions by such entities, and to keep the Committees on Appropriations apprised of such efforts. 

The Secretary of State shall follow the directive in the House report under this section regarding the report on the uses of funds 

for the Central America Regional Security Initiative on a countryby-country basis. For fiscal years 2015 and 2016, the Secretary 

shall provide a description for each program, project, and activity; 

make such information publically available; and integrate such information into the ForeignAssistance.gov Web site, as appropriate. 

Additionally, the Secretary of State shall follow the directives in 

the House report under this section regarding: the country notifications requirements for Guatemala, El Salvador, and Honduras; 

international commissions against corruption and impunity; sexual 

assault units in Guatemala; and the transfer of funds from Development Assistance to the Inter-American Foundation. The Secretary of State shall also follow the directive in the Senate report 

under the Introduction regarding the Chixoy Reparations Plan. The 

directive in the House report under this section regarding a Comptroller General assessment should not be implemented. 

Caribbean Basin Security Initiative.—Funds for the Caribbean 

Basin Security Initiative are allocated according to the following 

table and subject to section 7019 of this Act: 
1607

CARIBBEAN BASIN SECURITY INITIATIVE 

[Budget authority in thousands of dollars] 

Account Budget

Authority

Economic Support Fund ................................................................................................................................. $25,000 

International Narcotics Control and Law Enforcement .................................................................................. 25,200 

Foreign Military Financing Program ............................................................................................................... 7,500 

Total ....................................................................................................................................................... 57,700 

The Secretary of State shall follow the directive in the House report regarding the report on the uses of funds for the Caribbean 

Basin Security Initiative on a country-by-country basis and integrate such information into the ForeignAssistance.gov Web site, as 

appropriate.

Colombia.—Subsection (b) provides not less than $391,253,000 

for assistance for Colombia. Such funds are allocated according to 

the following table and subject to section 7019 of this Act: 

COLOMBIA

[Budget authority in thousands of dollars] 

Account/Program Budget

Authority

Economic Support Fund ................................................................................................................................. $187,328 

Transfer to Migration and Refugee Assistance .................................................................................... [7,000]

Afro-Colombian and indigenous communities ...................................................................................... [20,000]

Human rights ............................................................................................................................... [9,000]

Biodiversity ................................................................................................................................... [4,000]

International Narcotics Control and Law Enforcement .................................................................................. 143,000 

Office of the Attorney General, Human Rights Unit ............................................................................. [10,000]

Nonproliferation, Anti-terrorism, Demining and Related Programs ............................................................... 21,000

International Military Education and Training ............................................................................................... 1,400 

Foreign Military Financing Program ............................................................................................................... 38,525 

Total ..................................................................................................................................... 391,253 

In accordance with subsection (b)(3), the multi-year spend plan 

shall describe in detail the proposed uses of funds by account and 

activity, including those activities specified in subparagraphs (A) 

through (E) of paragraph (1). The plan shall also include the 

amounts made available from prior Acts making appropriations for 

the Department of State, foreign operations, and related programs 

for assistance for Colombia. 

The spend plan shall also include the following information for 

any funds made available to support the implementation of a peace 

agreement between the Government of Colombia and illegal armed 

groups: (1) an estimate of planned funding by fiscal year and account; (2) an estimate of the commitments and expenditures required by the Government of Colombia to implement such agreement; and (3) an explanation of how assistance made available by 

this Act and prior Acts making appropriations for the Department 

of State, foreign operations, and related programs to support implementation of such agreement will be coordinated with resources allocated by the Government of Colombia and other donors, including 

international financial institutions. 
1608

No funds appropriated or otherwise made available for assistance 

for Colombia by this Act and prior Acts making appropriations for 

the Department of State, foreign operations, and related programs 

may be made available for the Revolutionary Armed Forces of Colombia (FARC) or the National Liberation Army in Colombia, as 

such entities are designated as foreign terrorist organizations pursuant to section 219 of the Immigration and Nationality Act (8 

U.S.C. 1189). 

In accordance with subsection (b)(5), 20 percent of the funds appropriated by this Act under International Narcotics Control and 

Law Enforcement for assistance for Colombia may be obligated 

only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Colombia has established and is implementing a counternarcotics strategy to reduce illicit drug cultivation and production in Colombia. The report shall 

include a summary of such strategy, including eradication, interdiction, and law enforcement objectives and activities (and the funding 

associated with such activities), and an explanation of how United 

States assistance will support implementation of the strategy. The 

report shall also include an assessment of the likelihood that such 

strategy will significantly reduce illicit drug cultivation, production, 

and trafficking. Funds should be provided to support implementation of the strategy only on a cost-matching basis. The Secretary 

of State should regularly review the progress of the Government of 

Colombia in meeting the objectives of the strategy and inform the 

Committees on Appropriations of such progress. 

In accordance with subsection (b)(6), 20 percent of the funds appropriated by this Act under Foreign Military Financing Program 

for assistance for Colombia may be obligated only if the Secretary 

of State certifies and reports to the Committees on Appropriations 

that: (1) the Peace Tribunal and other judicial bodies within the 

special jurisdiction for peace are independent and have authority to 

document ‘‘truth declarations’’ from perpetrators of gross violations 

of human rights and to sentence such perpetrators to meaningful 

sanctions, including victims’ reparations, guarantee of non-repetition, and deprivation of liberty; (2) military personnel responsible 

for ordering, committing, or covering up cases of false positives, including those in command authority, are being investigated, prosecuted, and appropriately sanctioned, and military officers credibly 

alleged to have committed such crimes are removed from positions 

of command authority until the completion of judicial proceedings; 

and (3) the Government of Colombia is continuing to dismantle illegal armed groups, taking effective steps to protect the rights of 

human rights defenders, journalists, trade unionists, and other social activists, and protecting the rights and territory of indigenous 

and Afro-Colombian communities. 

The Secretary of State should not submit the report directed in 

the House report under this section regarding justice and rule of 

law activities. 

Not later than 90 days after enactment of this Act, the USAID 

Administrator shall submit to the Committees on Appropriations a 

plan for consolidating existing development programs in Colombia, 

as described in the House report. 
1609

Not later than 90 days after enactment of this Act, the Secretary 

of State shall submit to the appropriate congressional committees: 

(1) a report on outstanding commercial and trade disputes between 

the United States and Colombia, including a description of steps 

taken to resolve such disputes, and (2) a report detailing steps 

taken by the Government of Colombia to meet extradition requests 

by the Government of the United States for FARC members and 

members of other illegal armed groups convicted of crimes. 

The Secretary of State shall consult with the Committees on Appropriations on the possibility of expanding exchange programs in 

Colombia in subsequent fiscal years. 

Funds for the Office of the UN High Commissioner for Human 

Rights in Colombia are included under International Organization 

and Programs. 

Mexico.—Within the funds made available by this Act for assistance for Mexico, funds under International Narcotics Control and 

Law Enforcement and Foreign Military Financing Program are allocated according to the following table and subject to section 7019 

of this Act: 

MEXICO

[Budget authority in thousands of dollars] 

Account Budget Authority 

International Narcotics Control and Law Enforcement .................................................................................. 90,000 

Foreign Military Financing Program ............................................................................................................... 5,000 

The Secretary of State is directed to prioritize International Narcotics Control and Law Enforcement assistance to combat organized crime, reduce corruption and impunity within the security 

forces, increase border security, promote due process and the rule 

of law, and reduce the flow of illicit narcotics, particularly heroin 

and fentanyl, into the United States. 

The Secretary of State shall follow the directive in the Senate report under Foreign Military Financing Program regarding assistance for Mexico. The Secretary of State should not submit the report directed in the House report under International Narcotics 

Control and Law Enforcement regarding Mexico. 

Other assistance for Latin America and the Caribbean.—Funds

for certain programs in Latin America and the Caribbean are allocated according to the following table and subject to section 7019 

of this Act: 

OTHER ASSISTANCE FOR LATIN AMERICA AND THE CARIBBEAN 

[Budget authority in thousands of dollars] 

Account/Program Budget Authority 

Economic Support Fund 

Caribbean Energy Security Initiative ..................................................................................................... 2,000 

Cuba ...................................................................................................................................................... 20,000 

Haiti reforestation ................................................................................................................................. 8,500 

International Narcotics Control and Law Enforcement 

Western Hemisphere regional security cooperation .............................................................................. 10,000

Foreign Military Financing Program 

Peru ....................................................................................................................................................... 1,800 
1610

In lieu of the directives in the House and Senate bills and reports, the agreement includes funds for democracy programs in 

Cuba.

Funds provided for reforestation programs in Haiti are within 

the total designated by subsection (c)(1). 

Funds provided for Western Hemisphere regional security cooperation are in addition to amounts otherwise provided for bilateral and regional programs under International Narcotics Control 

and Law Enforcement. 

Section 7046. Europe and Eurasia 

Georgia.—Funds for Georgia are allocated according to the following table and subject to section 7019 of this Act: 

GEORGIA

[Budget authority in thousands of dollars] 

Account Budget Authority 

Assistance for Europe, Eurasia and Central Asia ......................................................................................... 63,025 

International Narcotics Control and Law Enforcement .................................................................................. 4,000 

Nonproliferation, Anti-terrorism, Demining, and Related Programs .............................................................. 1,100

International Military Education and Training ............................................................................................... 2,200 

Foreign Military Financing Program ............................................................................................................... 30,000 

Total ....................................................................................................................................................... 100,325 

Ukraine.—The Act provides not less than $410,465,000 for assistance for Ukraine. Such funds are allocated according to the following table and subject to section 7019 of this Act: 

UKRAINE

[Budget authority in thousands of dollars] 

Account Budget Authority 

Global Health Programs ................................................................................................................................. 31,615 

Assistance for Europe, Eurasia and Central Asia ......................................................................................... 250,000 

International Narcotics Control and Law Enforcement .................................................................................. 30,000 

Nonproliferation, Anti-terrorism, Demining, and Related Programs .............................................................. 10,950

International Military Education and Training ............................................................................................... 2,900 

Foreign Military Financing Program ............................................................................................................... 85,000 

Total ....................................................................................................................................................... 410,465 

Other assistance for Europe and Eurasia.—Funds for certain programs in Europe and Eurasia are allocated according to the following table and subject to section 7019 of this Act: 

OTHER ASSISTANCE FOR EUROPE AND EURASIA 

[Budget authority in thousands of dollars] 

Country Budget Authority 

Foreign Military Financing Program 

Estonia ................................................................................................................................................... 2,000 

Latvia ..................................................................................................................................................... 2,000 

Lithuania ............................................................................................................................................... 2,000 

Moldova ................................................................................................................................................. 12,750 

Poland .................................................................................................................................................... 6,250 

Assistance for Europe, Eurasia and Central Asia 

Central Asia Regional ........................................................................................................................... 31,782 
1611

OTHER ASSISTANCE FOR EUROPE AND EURASIA—Continued 

[Budget authority in thousands of dollars] 

Country Budget Authority 

Poland .................................................................................................................................................... 3,000 

The Secretary of State is directed to implement the recommendation in the Senate report under Assistance for Europe, Eurasia and 

Central Asia regarding the Anglo-Irish Agreement Support Act of 

1986 (Public Law 99–415). 

Section 7048. United Nations 

Subsection (f) prohibits the use of funds for the design, renovation, or construction of the UN Headquarters in New York and no 

such funds were requested for fiscal year 2017 for this purpose. In 

accordance with this subsection, any operating plan submitted 

shall include a list of ongoing and new capital projects funded by 

the plan. The following information shall also be included for each 

capital project with an estimated total assessed cost to all member 

states in excess of $100,000,000 over the life of the project: (1) the 

justification for the project; (2) a detailed summary of the proposed 

budget, including costs for design, construction, project management, building fit out, and technology and security upgrades; (3) 

the assessed costs to be funded under such operating plan and an 

estimate of the total assessed cost to the United States for the 

project; (4) a description of the steps taken by the UN and the Department of State to keep costs within budget and the contingency 

plan to address potential cost overruns; and (5) a description of the 

risk management strategy and mechanisms to ensure transparency 

and accountability. 

Subsection (j) requires a report on arrears. As a signatory to the 

Charter of the UN and other treaties and conventions, the United 

States has an obligation to pay assessed contributions to the UN 

regular budget, peacekeeping operations, and certain specialized 

agencies and organizations. Scales of assessments for these organizations are negotiated on an ongoing basis. Article 19 of the UN 

Charter states that a member of the UN that is in arrears ‘‘shall 

have no vote in the General Assembly if the amount of its arrears 

equals or exceeds the amount of contributions due from it for the 

preceding two full years.’’ Therefore, this subsection requires a report to ensure that the consequences of the accumulation of arrears 

are fully described to Congress. In assessing the impact to the national interest due to accumulation of arrears owed to the UN and 

other international organizations, the Secretary of State is directed 

to consider the relative loss of influence at such organizations to 

other countries. 

Section 7056. Continuous Supervision and General Direction of Economic and Military Assistance (new) 

Section 7058. Global Health Activities (modified) 

Subsection (c)(1) includes $70,000,000 from within funds appropriated under Global Health Programs for an Emergency Reserve 

Fund to enable the United States and the international public 
1612

health community to respond rapidly to emerging health threats. 

Funds in the Reserve Fund are available until expended, but may 

only be made available if, prior to obligation, the Secretary of State 

determines and reports to the Committees on Appropriations that 

it is in the national interest to respond to an emerging health 

threat that poses severe threats to human health. The Secretary 

may waive the regular notification procedures required under paragraph (3) pursuant to the authority of section 7015(e) of this Act. 

Section 7059. Gender Equality (modified) 

For the purposes of subsection (e)(1), funds are intended to be 

provided through grants and cooperative agreements, and the following programs and activities shall be included: for subparagraph 

(A), family oriented activities and culturally appropriate programs 

to promote tolerance and pluralism and the development and dissemination of early warning and response systems; for subparagraph (B), comprehensive programs that provide immediate and 

sustained livelihood support, psychosocial services (including for 

family members), and the establishment of safe houses and other 

centers dedicated to the empowerment and protection of women 

and girls; for subparagraph (C), forensic assistance and exhumation 

of mass graves, as appropriate; and for subparagraph (D), the use 

of social media and training programs. With respect to the strategy 

in paragraph (2), the Secretary should review and incorporate, as 

appropriate, the objectives of the United States National Action 

Plan on Women, Peace, and Security, December 2011; the United 

States Strategy to Prevent and Respond to Gender-Based Violence 

Globally, 2012; USAID’s Gender Equality and Female Empowerment Policy, March 2012; and the United States Global Strategy to 

Empower Adolescent Girls, March 2016. 

Section 7060. Sector Allocations (modified) 

Environment Programs.—Subsection (c) includes authority for 

environment programs, but does not include authority or funding 

in the Act for a contribution, grant, or other payment to the Green 

Climate Fund. Funds for certain bilateral environment programs 

are allocated according to the following table and subject to section 

7019 of this Act: 

ENVIRONMENT PROGRAMS 

[Budget authority in thousands of dollars] 

Program/Activity Budget Authority 

Andean Amazon .............................................................................................................................................. $20,000 

Brazilian Amazon ............................................................................................................................................ 10,500 

Central Africa Regional Program for the Environment .................................................................................. 39,400 

USAID ..................................................................................................................................................... [21,900]

United States Fish and Wildlife Service ............................................................................................... [17,500]

Guatemala/Belize ............................................................................................................................................ 3,000 

USAID ..................................................................................................................................................... [2,000]

Department of the Interior .................................................................................................................... [1,000]

Lacey Act ........................................................................................................................................................ 2,000 

Oceans and International Environmental Scientific Affairs .......................................................................... 65,694 

United States Fish and Wildlife Service ........................................................................................................ 9,150 

Great apes ............................................................................................................................................. [3,500]

Migratory bird conservation .................................................................................................................. [500]

Endangered sea turtles ......................................................................................................................... [150]
1613

ENVIRONMENT PROGRAMS—Continued 

[Budget authority in thousands of dollars] 

Program/Activity Budget Authority 

United States Forest Service .......................................................................................................................... 5,000 

USAID/Indonesia Orangutan program ............................................................................................................ 2,000 

Toxic chemicals .............................................................................................................................................. 5,000 

Waste recycling .............................................................................................................................................. 5,000 

Not later than 45 days after enactment of this Act and prior to 

the obligation of funds made available pursuant to section subsection (c), the Secretary of State, USAID Administrator, Director 

of the United States Fish and Wildlife Service (USFWS), Director 

of the United States Forest Service (USFS), and the Secretary of 

Interior are directed to consult with the Committees on Appropriations on the uses of such funds. 

Funds included for USFWS, USFS, and Department of the Interior (DOI) shall be provided through direct transfers pursuant to 

section 632(a) of the FAA not later than 90 days after enactment 

of this Act. Prior to such transfer, the USFWS, USFS, and DOI 

shall submit spend plans to the Committees on Appropriations and 

to USAID detailing the planned uses of funds and expected programmatic results. 

Funds for USAID programs to support tropical forest conservation and the preservation of archeological sites in Guatemala shall 

be awarded on an open and competitive basis. The agreement includes funds for DOI to support biodiversity protection programs in 

Guatemala and Belize, to include law enforcement and governance. 

The agreement includes not less than fiscal year 2016 levels for 

USAID Great Apes programs. 

The USAID Administrator is directed to maintain the use of 

flexible mechanisms and agreements that facilitate the engagement 

of highly skilled volunteers in fulfilling mission driven conservation 

development goals. 

Combating Wildlife Trafficking.—The Act includes not less than 

$90,664,000 to combat wildlife poaching and trafficking, of which 

not less than $10,000,000 shall be made available for programs to 

combat rhinoceros poaching and shall be used primarily for sitebased, anti-poaching activities to address immediate requirements. 

Funds are provided to support regional wildlife enforcement networks, including not less than the fiscal year 2016 level for the 

Wildlife Enforcement Network Southern Africa; address consumer 

demand; strengthen law enforcement, including to address significant needs for training and equipment; and enhance regional cooperation and anti-trafficking networks. These programs shall include monitoring and evaluation mechanisms to ensure funds are 

used for the intended purposes, and to measure the outcomes of 

such assistance, including the number and type of prosecutions, 

trends in wildlife population sizes, and the effectiveness of demand 

reduction campaigns. The Secretary of State is directed to update 

the report required in the joint explanatory statement accompanying Public Law 113–76, including how funds are being used to 

implement the National Strategy for Combating Wildlife Trafficking.
1614

Trafficking in Persons.—The Act provides not less than $77,300,000 for programs and activities to combat trafficking in 

persons internationally, including $12,500,000 provided under Diplomatic and Consular Programs for the Office to Monitor and Combat Trafficking in Persons, Department of State. Pursuant to subsection (f)(1), the agreement provides $5,000,000 

to support a multi-faceted approach to combat human trafficking in 

Guatemala. The Secretary of State shall consult with the Committees on Appropriations on the use of such funds no later than 45 

days after enactment of this Act. Pursuant to the Trafficking Victims Protection Act of 2000, as amended by Public Law 113–4, 

$5,000,000 of the funds made available under International Narcotics Control and Law Enforcement shall be made available for 

child protection compacts. 

Section 7063. Inspectors General (new) 

Section 7069. Country Transition Plan (modified) 

Section 7070. Countering Russian Influence and Aggression (new) 

Countering Russian Influence Fund.—The Act provides not less than $100,000,000 for the Countering Russian Influence Fund 

(CRIF). Such funds are allocated according to the following table 

and subject to 7019 of this Act: 

COUNTERING RUSSIAN INFLUENCE FUND 

[Budget authority in thousands of dollars] 

Account Budget Authority 

Assistance for Europe, Eurasia and Central Asia ......................................................................................... $30,000 

International Narcotics Control and Law Enforcement .................................................................................. 20,000 

Foreign Military Financing Program ............................................................................................................... 50,000 

Total ....................................................................................................................................................... 100,000 

The Secretary of State shall designate funding for the CRIF in 

the 653(a) report. Such funds are in addition to amounts made 

available for bilateral assistance for countries in Europe, Eurasia 

and Central Asia. 

Funds should be made available to civil society and other organizations that seek to mitigate the expansion of such influence and 

aggression, including through public awareness campaigns and exchange activities. The Secretary of State and the USAID Administrator, as appropriate, shall ensure that CRIF programs are coordinated among Federal agencies and program implementers, and 

that information and lessons-learned are shared. 

The Secretary of State shall make publicly available the report 

required by subsection (c)(4), except that such report may include 

a classified annex. 

Section 7073. Stability and Development in Regions Impacted by 

Extremism and Conflict (new) 

Subsection (a) requires the submission of a strategy to counter 

and defeat violent extremism and foreign fighters abroad, consistent with international norms of due process and the protection 

of human rights. 
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Section 7076. Budget Documents (modified) 

Subsection (a)(2) requires each covered department, agency, or 

organization, concurrent with the submission of an operating plan 

pursuant to paragraph subsection (a)(1), to submit a report detailing any planned reorganization of such department, agency, or organization. With respect to the requirement of subparagraph (B) of 

such subsection, the report shall include the number of employees 

by operating unit and hiring mechanism. 

The Act includes a directive in subsection (b)(1)(B) to submit the 

spend plans for the regional security initiatives listed under this 

heading in the House report. In lieu of including the Regional Security Initiative and Africa Capacity for Immediate Response to Crisis in such report, the Secretary of State shall submit a spend plan 

for the Regional Strategic Initiative and the African Union Rapid 

Deployment Capability. 

Section 7077. Reports and Records Management (modified) 

Section 7078. Global Internet Freedom (modified) 

The Act provides not less than $50,500,000 for programs to promote Internet freedom globally. Funds for such activities appropriated in title III of this Act are allocated according to the following table and subject to section 7019 of this Act: 

GLOBAL INTERNET FREEDOM 

[Budget authority in thousands of dollars] 

Account Budget Authority 

Democracy Fund (Department of State) ........................................................................................................ 13,000 

Democracy Fund (USAID) ................................................................................................................................ 3,500 

Economic Support Fund ................................................................................................................................. 14,275 

Near East Regional Democracy ............................................................................................................. [9,000]

Assistance for Europe, Eurasia and Central Asia ......................................................................................... 4,725 

In addition to the funds made available in title III, the Act also 

includes $15,000,000 for Internet freedom under Broadcasting 

Board of Governors, including $13,800,000 for International Broadcasting Operations for programs and $1,200,000 for the associated 

personnel costs of Radio Free Asia. 

Section 7080. Fragile States and Extremism (new) 

The United States Institute of Peace (USIP) shall make publicly 

available the Plan required in subsection (b), consistent with USIP 

policies and procedures. Such Plan should also be shared with prospective international donors. 

Section 7081. Consular and Border Security Programs (new) 

The Act establishes in the Treasury a Consular and Border Security Programs account into which authorized border security program fees shall be deposited for the authorized purposes of such 

program. Subsection (c) does not include the expanded authority 

contained in the Appendix, Budget of the United States Government, Fiscal Year 2017. 
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Section 7083. Afghan Allies (new) 

The Act provides for an additional 2,500 visas for the Afghan 

Special Immigrant Visa program. The Secretary of State shall ensure that such visas are only issued to individuals who meet the 

strict qualifications of the program for assisting the United States 

Government in Afghanistan, and that vetting processes remain rigorous and thorough. 

The Act does not include the following general provision from the 

fiscal year 2016 Act (division K of Public Law 114–113), which has 

been addressed in Public Law 114–323: 

Sec. 7006. Local Guard Contracts 

TITLE VIII—OVERSEAS CONTINGENCY OPERATIONS/ 

GLOBAL WAR ON TERRORISM 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The Act provides an additional $2,410,386,000 for Diplomatic and 

Consular Programs, of which $1,815,210,000 is for WSP, for the extraordinary costs of operations and security in Afghanistan, Pakistan, Iraq, areas of unrest, and high threat and high risk posts, 

which is designated for OCO/GWOT pursuant to BBEDCA. 

Within the total, up to $5,000,000 may be transferred to other 

agencies to support operations in, and assistance for, Afghanistan. 

The Secretary of State is directed to include in the operating plan 

required by section 7076(a)(1) of this Act a description of any funds 

transferred to other agencies in support of Afghanistan operations, 

including projected transfer amounts and the number of staff supported by each agency, and operating levels for Afghanistan, Pakistan, and Iraq. 

OFFICE OF INSPECTOR GENERAL

The Act provides an additional $54,900,000 for Office of Inspector 

General, which is for the Special Inspector General for Afghanistan 

Reconstruction, and is designated for OCO/GWOT pursuant to 

BBEDCA.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The Act provides an additional $1,238,800,000 for Embassy Security, Construction, and Maintenance, of which $1,228,000,000 is for 

WSU, which is designated for OCO/GWOT pursuant to BBEDCA. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The Act provides an additional $96,240,000 for Contributions to 

International Organizations for the extraordinary costs of UN mis-
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sions in Afghanistan, Iraq, Libya, and Somalia, which is designated 

for OCO/GWOT pursuant to BBEDCA. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The Act provides an additional $1,354,660,000 for Contributions 

for International Peacekeeping Activities for peacekeeping operations in Africa and the Near East, which is designated for OCO/ 

GWOT pursuant to BBEDCA. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The Act provides an additional $4,800,000 for International 

Broadcasting Operations for the extraordinary costs of United 

States international broadcasting, including to Afghanistan, Pakistan, Iraq, and Syria, which is designated for OCO/GWOT pursuant to BBEDCA. 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

The Act provides an additional $152,080,000 for Operating Expenses for the extraordinary costs of operations in Afghanistan, 

Pakistan, and Iraq, which is designated for OCO/GWOT pursuant 

to BBEDCA. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

The Act provides an additional $3,313,203,000 for International 

Disaster Assistance for the extraordinary costs of the United States 

response to international disasters and crises, including those resulting from conflict, of which $990,000,000 is for famine prevention, relief, and mitigation, which is designated for OCO/GWOT 

pursuant to BBEDCA. 

TRANSITION INITIATIVES

The Act provides an additional $37,000,000 for Transition Initiatives for the extraordinary costs of assistance for conflict countries 

and countries emerging from conflict, which is designated for OCO/ 

GWOT pursuant to BBEDCA. 

COMPLEX CRISES FUND

The Act provides an additional $20,000,000 for Complex Crises 

Fund for the extraordinary costs of addressing security and stabilization requirements in conflict countries, which is designated 

for OCO/GWOT pursuant to BBEDCA. 
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ECONOMIC SUPPORT FUND

The Act provides an additional $2,609,242,000 for Economic Support Fund for the extraordinary costs of assistance for countries in 

conflict and areas of instability and violence, including Afghanistan, Pakistan, and Iraq, which is designated for OCO/GWOT pursuant to BBEDCA. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

The Act provides an additional $453,696,000 for Assistance for 

Europe, Eurasia and Central Asia, which is designated for OCO/ 

GWOT pursuant to BBEDCA. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

The Act provides an additional $2,146,198,000 for Migration and 

Refugee Assistance for the extraordinary costs to respond to refugee crises overseas, which is designated for OCO/GWOT pursuant 

to BBEDCA. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

The Act provides an additional $40,000,000 for United States 

Emergency Refugee and Migration Assistance, which is designated 

for OCO/GWOT pursuant to BBEDCA. 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The Act provides an additional $412,260,000 for International 

Narcotics Control and Law Enforcement for the extraordinary costs 

for assistance for countries in conflict and areas of instability and 

violence, including Afghanistan and Pakistan, which is designated 

for OCO/GWOT pursuant to BBEDCA. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

The Act provides an additional $341,754,000 for Nonproliferation, Anti-terrorism, 

Demining and Related Programs for the extraordinary costs for 

anti-terrorism and other programs in countries in conflict and 

areas of instability and violence, which is designated for OCO/ 

GWOT pursuant to BBEDCA. 

PEACEKEEPING OPERATIONS

The Act provides an additional $473,973,000 for Peacekeeping 

Operations for the extraordinary cost for peacekeeping requirements, including the United States share of the UN Support Office 

in Somalia, which is designated for OCO/GWOT pursuant to 

BBEDCA.
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FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

The Act provides an additional $1,325,808,000 for Foreign Military Financing Program for the extraordinary costs for assistance 

for countries in conflict and areas of instability and violence, including to counter Russian influence and aggression, which is designated for OCO/GWOT pursuant to BBEDCA. 

GENERAL PROVISIONS 

Section 8001. Additional Appropriations 

This section clarifies that amounts appropriated by this title are 

in addition to amounts appropriated or otherwise made available in 

this Act for fiscal year 2017. 

Section 8002. Extension of Authorities and Conditions 

This section requires that the authorities and conditions applicable to funding elsewhere in this Act are applicable to funds in this 

title.

Section 8003. Transfer of Funds 

Subsection (a)(1) provides authority for the Secretary of State to 

transfer funds appropriated by this title in this Act under Transition Initiatives, Complex Crises Fund, Economic Support Fund, 

and Assistance for Europe, Eurasia and Central Asia between such 

headings. Subsection (a)(2) provides authority for the Secretary of 

State to transfer funds appropriated by this title in this Act under 

International Narcotics Control and Law Enforcement, Nonproliferation, Anti-terrorism, Demining and Related Programs, 

Peacekeeping Operations, and Foreign Military Financing Program 

between such headings. 

Subsection (b) provides authority for the Secretary of State to 

transfer funds appropriated by this title in this Act under Foreign 

Military Financing Program in an amount that shall not exceed 

$15,000,000 to the Global Security Contingency Fund. 

Subsection (c) requires that any transfers pursuant to subsection 

(a) may only be exercised to address contingencies. 

Subsection (d) requires that the transfer authority provided by 

subsections (a) and (b) is subject to prior consultation with, and the 

regular notification procedures of, the Committees on Appropriations.

Section 8004. Countering the Islamic State of Iraq and Syria and 

Combating Terrorism in the Near East and Africa 

Relief and Recovery Fund.—Subsection (a) makes funds available 

under Economic Support Fund and International Narcotics Control 

and Law Enforcement for programs and activities that address 

basic needs, including: food, water, and sanitation; rule of law and 

governance, including countering extremism, transitional justice, 

and reconciliation programs; relief efforts related to refugees, internally displaced persons, and other vulnerable people; electricity; 

health services; economic and agricultural development; education, 
1620

including vocational training and higher education; and transportation.

Funds for the Relief and Recovery Fund are allocated according 

to the following table and subject to section 7019 of this Act: 

RELIEF AND RECOVERY FUND 

[Budget authority in thousands of dollars] 

Account Budget

Authority

Economic Support Fund ................................................................................................................................. 59,000 

Refugee scholarship pilot program—Lebanon ..................................................................................... [2,000]

International Narcotics Control and Law Enforcement .................................................................................. 15,000 

Peacekeeping Operations ............................................................................................................................... 25,000 

Foreign Military Financing Program ............................................................................................................... 70,000 

Total .............................................................................................................................................. 169,000 

The agreement provides $2,000,000 under Economic Support 

Fund for a university scholarship pilot program for refugees in Lebanon. Consistent with the Lebanon scholarship program, scholarships shall be for students with high financial need at not-for profit 

educational institutions in Lebanon that meet standards comparable to those required for United States accreditation, to be 

awarded on a competitive basis. Such pilot should establish and 

test a model of providing degrees and/or certificates for refugees 

who have completed secondary education. The USAID Administrator shall ensure that refugees in Lebanon of any nationality, including those attending public or private secondary schools, are eligible to apply for such scholarships. 

For the purposes of implementing subsection (a), the term ‘‘other 

terrorist organizations’’ shall mean those organizations designated 

as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). 

Counterterrorism Partnerships Fund.—The Act provides 

$127,500,000 under Nonproliferation, Anti-terrorism, Demining 

and Related Programs for the Counterterrorism Partnerships 

Fund, including for programs to enhance the capacity of the 

Kurdistan Regional Government security services and for security 

programs in the Kurdistan Region of Iraq to further the security 

interest of the United States. The Secretary of State shall consult 

with the Committees on Appropriations prior to the notification 

and obligation of such funds. 

Section 8005. Famine Prevention, Relief, and Mitigation 

The agreement provides funding in response to the threat of 

widespread famine due to a combination of persistent conflict, severe drought, and political and economic instability. The significant 

scale of humanitarian need and the geographic reach of this threat 

requires timely additional assistance to save lives. This section provides that a portion of such funds shall be transferred to the Food 

for Peace Title II Grants account, and includes additional transfer 

authorities and reporting requirements. 
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(1639)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION K—TRANSPORTATION, HOUSING 

AND URBAN DEVELOPMENT, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2017 

(1641)

DIVISION K—TRANSPORTATION, HOUSING AND URBAN 

DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary, 

$114,000,000, of which not to exceed $2,758,000 shall be available 

for the immediate Office of the Secretary; not to exceed $1,040,000 

shall be available for the immediate Office of the Deputy Secretary; 

not to exceed $20,772,000 shall be available for the Office of the 

General Counsel; not to exceed $10,033,000 shall be available for 

the Office of the Under Secretary of Transportation for Policy; not 

to exceed $14,019,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,546,000 

shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $29,356,000 shall be available for 

the Office of the Assistant Secretary for Administration; not to exceed $2,142,000 shall be available for the Office of Public Affairs; 

not to exceed $1,760,000 shall be available for the Office of the Executive Secretariat; not to exceed $11,089,000 shall be available for 

the Office of Intelligence, Security, and Emergency Response; and 

not to exceed $18,485,000 shall be available for the Office of the 

Chief Information Officer: Provided, That the Secretary of Transportation is authorized to transfer funds appropriated for any office 

of the Office of the Secretary to any other office of the Office of the 

Secretary: Provided further, That no appropriation for any office 

shall be increased or decreased by more than 5 percent by all such 

transfers: Provided further, That notice of any change in funding 

greater than 5 percent shall be submitted for approval to the 

House and Senate Committees on Appropriations: Provided further,

That not to exceed $60,000 shall be for allocation within the Department for official reception and representation expenses as the 

Secretary may determine: Provided further, That notwithstanding 

any other provision of law, excluding fees authorized in Public Law 

107–71, there may be credited to this appropriation up to 

$2,500,000 in funds received in user fees: Provided further, That 

none of the funds provided in this Act shall be available for the position of Assistant Secretary for Public Affairs. 
1642

RESEARCH AND TECHNOLOGY

For necessary expenses related to the Office of the Assistant Sec- retary for Research and Technology, $13,000,000, of which 

$8,218,000 shall remain available until September 30, 2019: Provided, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses 

incurred for training: Provided further, That any reference in law, 

regulation, judicial proceedings, or elsewhere to the Research and 

Innovative Technology Administration shall continue to be deemed 

to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation. 

NATIONAL INFRASTRUCTURE INVESTMENTS

For capital investments in surface transportation infrastructure, $500,000,000, to remain available through September 30, 2020: 

Provided, That the Secretary of Transportation shall distribute 

funds provided under this heading as discretionary grants to be 

awarded to a State, local government, transit agency, or a collaboration among such entities on a competitive basis for projects that 

will have a significant impact on the Nation, a metropolitan area, 

or a region: Provided further, That projects eligible for funding provided under this heading shall include, but not be limited to, highway or bridge projects eligible under title 23, United States Code; 

public transportation projects eligible under chapter 53 of title 49, 

United States Code; passenger and freight rail transportation 

projects; and port infrastructure investments (including inland port 

infrastructure and land ports of entry): Provided further, That the 

Secretary may use up to 20 percent of the funds made available 

under this heading for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance 

under chapter 6 of title 23, United States Code, if the Secretary 

finds that such use of the funds would advance the purposes of this 

paragraph: Provided further, That in distributing funds provided 

under this heading, the Secretary shall take such measures so as 

to ensure an equitable geographic distribution of funds, an appropriate balance in addressing the needs of urban and rural areas, 

and the investment in a variety of transportation modes: Provided

further, That a grant funded under this heading shall be not less 

than $5,000,000 and not greater than $25,000,000: Provided further, That not more than 10 percent of the funds made available 

under this heading may be awarded to projects in a single State: 

Provided further, That the Federal share of the costs for which an 

expenditure is made under this heading shall be, at the option of 

the recipient, up to 80 percent: Provided further, That the Secretary shall give priority to projects that require a contribution of 

Federal funds in order to complete an overall financing package: 

Provided further, That not less than 20 percent of the funds provided under this heading shall be for projects located in rural 

areas: Provided further, That for projects located in rural areas, the 

minimum grant size shall be $1,000,000 and the Secretary may increase the Federal share of costs above 80 percent: Provided further, That projects conducted using funds provided under this 
1643

heading must comply with the requirements of subchapter IV of 

chapter 31 of title 40, United States Code: Provided further, That 

the Secretary shall conduct a new competition to select the grants 

and credit assistance awarded under this heading: Provided further, That the Secretary may retain up to $20,000,000 of the funds 

provided under this heading, and may transfer portions of those 

funds to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration and the Maritime Administration, to fund the award 

and oversight of grants and credit assistance made under the National Infrastructure Investments program. 

NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE

BUREAU

For necessary expenses for the establishment and administration 

of a new National Surface Transportation and Innovative Finance 

Bureau (the Bureau) within the Office of the Secretary of Transportation, $3,000,000, to remain available until expended: Provided,

That the Secretary of Transportation shall use such amount for the 

necessary expenses to establish the Bureau and to fulfill the responsibilities of the Bureau, as detailed in section 9001 of the Fixing America’s Surface Transportation (FAST) Act (Public Law 114– 

94) (49 U.S.C. 116): Provided further, That the Secretary is required to receive the advance approval of the House and Senate 

Committees on Appropriations prior to exercising the authorities of 

49 U.S.C. 116(h): Provided further, That the program be available 

to other Federal agencies, States, municipalities and project sponsors seeking Federal transportation expertise in obtaining financing.

FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the Department of Transportation’s financial systems and re-engineering business processes, $4,000,000, to remain available through September 

30, 2018. 

CYBER SECURITY INITIATIVES

For necessary expenses for cyber security initiatives, including 

necessary upgrades to wide area network and information technology infrastructure, improvement of network perimeter controls 

and identity management, testing and assessment of information 

technology against business, security, and other requirements, implementation of Federal cyber security initiatives and information 

infrastructure enhancements, and implementation of enhanced security controls on network devices, $15,000,000, to remain available through September 30, 2018. 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $9,751,000. 
1644

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, 

research, systems development, development activities, and making 

grants, to remain available until expended, $12,000,000: Provided,

That of such amount, $3,000,000 shall be for necessary expenses of 

the Interagency Infrastructure Permitting Improvement Center 

(IIPIC): Provided further, That there may be transferred to this appropriation, to remain available until expended, amounts from 

other Federal agencies for expenses incurred under this heading for 

IIPIC activities not related to transportation infrastructure: Provided further, That the tools and analysis developed by the IIPIC 

shall be available to other Federal agencies for the permitting and 

review of major infrastructure projects not related to transportation 

only to the extent that other Federal agencies provide funding to 

the Department as provided for under the previous proviso. 

WORKING CAPITAL FUND

For necessary expenses for operating costs and capital outlays of 

the Working Capital Fund, not to exceed $190,389,000 shall be 

paid from appropriations made available to the Department of 

Transportation: Provided, That such services shall be provided on 

a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That 

no funds appropriated in this Act to an agency of the Department 

shall be transferred to the Working Capital Fund without majority 

approval of the Working Capital Fund Steering Committee and approval of the Secretary: Provided further, That no assessments may 

be levied against any program, budget activity, subactivity or 

project funded by this Act unless notice of such assessments and 

the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees. 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $339,000, as authorized by 49 

U.S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are 

available to subsidize total loan principal, any part of which is to 

be guaranteed, not to exceed $18,367,000. 

In addition, for administrative expenses to carry out the guaranteed loan program, $602,000. 

SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH

For necessary expenses for small and disadvantaged business 

utilization and outreach activities, $4,646,000, to remain available 

until September 30, 2018: Provided, That notwithstanding 49 

U.S.C. 332, these funds may be used for business opportunities related to any mode of transportation. 
1645

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available from any other source to 

carry out the essential air service program under 49 U.S.C. 41731 

through 41742, $150,000,000, to be derived from the Airport and 

Airway Trust Fund, to remain available until expended: Provided,

That in determining between or among carriers competing to provide service to a community, the Secretary may consider the relative subsidy requirements of the carriers: Provided further, That 

basic essential air service minimum requirements shall not include 

the 15-passenger capacity requirement under subsection 

41732(b)(3) of title 49, United States Code: Provided further, That 

none of the funds in this Act or any other Act shall be used to enter 

into a new contract with a community located less than 40 miles 

from the nearest small hub airport before the Secretary has negotiated with the community over a local cost share: Provided further,

That amounts authorized to be distributed for the essential air 

service program under subsection 41742(b) of title 49, United 

States Code, shall be made available immediately from amounts 

otherwise provided to the Administrator of the Federal Aviation 

Administration: Provided further, That the Administrator may reimburse such amounts from fees credited to the account established 

under section 45303 of title 49, United States Code. 

ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF

TRANSPORTATION

SEC. 101. None of the funds made available in this Act to the Department of Transportation may be obligated for the Office of the 

Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date 

of enactment of this Act, unless such assessments or agreements 

have completed the normal reprogramming process for Congressional notification. 

SEC. 102. In addition to authority provided by section 327 of title 

49, United States Code, the Department’s Working Capital Fund is 

hereby authorized to provide partial or full payments in advance 

and accept subsequent reimbursements from all Federal agencies 

from available funds for transit benefit distribution services that 

are necessary to carry out the Federal transit pass transportation 

fringe benefit program under Executive Order 13150 and section 

3049 of Public Law 109–59: Provided, That the Department shall 

maintain a reasonable operating reserve in the Working Capital 

Fund, to be expended in advance to provide uninterrupted transit 

benefits to Government employees: Provided further, That such reserve will not exceed one month of benefits payable and may be 

used only for the purpose of providing for the continuation of transit benefits: Provided further, That the Working Capital Fund will 

be fully reimbursed by each customer agency from available funds 

for the actual cost of the transit benefit. 

SEC. 103. The Secretary shall post on the Web site of the Department of Transportation a schedule of all meetings of the Council 
1646

on Credit and Finance, including the agenda for each meeting, and 

require the Council on Credit and Finance to record the decisions 

and actions of each meeting. 

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses of the Federal Aviation Administration, 

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative 

expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance 

of aircraft, subsidizing the cost of aeronautical charts and maps 

sold to the public, lease or purchase of passenger motor vehicles for 

replacement only, in addition to amounts made available by Public 

Law 112–95, $10,025,852,000, to remain available until September 

30, 2018, of which $9,173,000,000 shall be derived from the Airport 

and Airway Trust Fund, of which not to exceed $7,559,785,000 

shall be available for air traffic organization activities; not to exceed $1,298,482,000 shall be available for aviation safety activities; 

not to exceed $19,826,000 shall be available for commercial space 

transportation activities; not to exceed $771,342,000 shall be available for finance and management activities; not to exceed 

$60,155,000 shall be available for NextGen and operations planning activities; not to exceed $107,161,000 shall be available for security and hazardous materials safety; and not to exceed 

$209,101,000 shall be available for staff offices: Provided, That not 

to exceed 5 percent of any budget activity, except for aviation safety budget activity, may be transferred to any budget activity under 

this heading: Provided further, That no transfer may increase or 

decrease any appropriation by more than 5 percent: Provided further, That any transfer in excess of 5 percent shall be treated as 

a reprogramming of funds under section 405 of this Act and shall 

not be available for obligation or expenditure except in compliance 

with the procedures set forth in that section: Provided further, That not later than March 31 of each fiscal year hereafter, the Administrator of the Federal Aviation Administration shall transmit 

to Congress an annual update to the report submitted to Congress 

in December 2004 pursuant to section 221 of Public Law 108–176: 

Provided further, That the amount herein appropriated shall be reduced by $100,000 for each day after March 31 that such report 

has not been submitted to the Congress: Provided further, That not 

later than March 31 of each fiscal year hereafter, the Administrator shall transmit to Congress a companion report that describes 

a comprehensive strategy for staffing, hiring, and training flight 

standards and aircraft certification staff in a format similar to the 

one utilized for the controller staffing plan, including stated attrition estimates and numerical hiring goals by fiscal year: Provided

further, That the amount herein appropriated shall be reduced by 

$100,000 per day for each day after March 31 that such report has 

not been submitted to Congress: Provided further, That funds may 

be used to enter into a grant agreement with a nonprofit standard- 
1647

setting organization to assist in the development of aviation safety 

standards: Provided further, That none of the funds in this Act 

shall be available for new applicants for the second career training 

program: Provided further, That none of the funds in this Act shall 

be available for the Federal Aviation Administration to finalize or 

implement any regulation that would promulgate new aviation 

user fees not specifically authorized by law after the date of the enactment of this Act: Provided further, That there may be credited 

to this appropriation, as offsetting collections, funds received from 

States, counties, municipalities, foreign authorities, other public 

authorities, and private sources for expenses incurred in the provision of agency services, including receipts for the maintenance and 

operation of air navigation facilities, and for issuance, renewal or 

modification of certificates, including airman, aircraft, and repair 

station certificates, or for tests related thereto, or for processing 

major repair or alteration forms: Provided further, That of the 

funds appropriated under this heading, not less than $159,000,000 

shall be for the contract tower program, including the contract 

tower cost share program: Provided further, That none of the funds 

in this Act for aeronautical charting and cartography are available 

for activities conducted by, or coordinated through, the Working 

Capital Fund: Provided further, That none of the funds appropriated or otherwise made available by this Act or any other Act 

may be used to eliminate the Contract Weather Observers program 

at any airport. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by 

contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of 

subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service 

testing, including construction of test facilities and acquisition of 

necessary sites by lease or grant; construction and furnishing of 

quarters and related accommodations for officers and employees of 

the Federal Aviation Administration stationed at remote localities 

where such accommodations are not available; and the purchase, 

lease, or transfer of aircraft from funds available under this heading, including aircraft for aviation regulation and certification; to 

be derived from the Airport and Airway Trust Fund, 

$2,855,000,000, of which $486,000,000 shall remain available until 

September 30, 2017, and $2,369,000,000 shall remain available 

until September 30, 2019: Provided, That there may be credited to 

this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment, improvement, and modernization of 

national airspace systems: Provided further, That no later than 

March 31, the Secretary of Transportation shall transmit to the 

Congress an investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal 

years 2018 through 2022, with total funding for each year of the 
1648

plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for research, 

engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of 

experimental facilities and acquisition of necessary sites by lease or 

grant, $176,500,000, to be derived from the Airport and Airway 

Trust Fund and to remain available until September 30, 2019: Provided, That there may be credited to this appropriation as offsetting collections, funds received from States, counties, municipalities, other public authorities, and private sources, which shall be 

available for expenses incurred for research, engineering, and development.

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning 

and programs as authorized under subchapter I of chapter 471 and 

subchapter I of chapter 475 of title 49, United States Code, and 

under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized 

under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, including those related to airport operating certificates under section 

44706 of title 49, United States Code, $3,750,000,000, to be derived 

from the Airport and Airway Trust Fund and to remain available 

until expended: Provided, That none of the funds under this heading shall be available for the planning or execution of programs the 

obligations for which are in excess of $3,350,000,000 in fiscal year 

2017, notwithstanding section 47117(g) of title 49, United States 

Code: Provided further, That none of the funds under this heading 

shall be available for the replacement of baggage conveyor systems, 

reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection 

systems: Provided further, That notwithstanding section 47109(a) 

of title 49, United States Code, the Government’s share of allowable project costs under paragraph (2) for subgrants or paragraph 

(3) of that section shall be 95 percent for a project at other than 

a large or medium hub airport that is a successive phase of a 

multi-phased construction project for which the project sponsor received a grant in fiscal year 2011 for the construction project: Pro-
1649

vided further, That notwithstanding any other provision of law, of funds limited under this heading, not more than $107,691,000 shall 

be available for administration, not less than $15,000,000 shall be 

available for the Airport Cooperative Research Program, not less 

than $31,375,000 shall be available for Airport Technology Research, and $10,000,000, to remain available until expended, shall 

be available and transferred to ‘‘Office of the Secretary, Salaries 

and Expenses’’ to carry out the Small Community Air Service Development Program: Provided further, That in addition to airports 

eligible under section 41743 of title 49, such program may include 

the participation of an airport that serves a community or consortium that is not larger than a small hub airport, according to FAA 

hub classifications effective at the time the Office of the Secretary 

issues a request for proposals. 

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally 

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation 

Systems Development during fiscal year 2017. 

SEC. 111. None of the funds in this Act shall be used to pursue 

or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building 

construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, That the prohibition of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on 

‘‘below-market’’ rates for these items or to grant assurances that 

require airport sponsors to provide land without cost to the FAA 

for air traffic control facilities. 

SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C. 

41742(a)(1) from fees credited under 49 U.S.C. 45303 and any 

amount remaining in such account at the close of that fiscal year 

may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year. 

SEC. 113. Amounts collected under section 40113(e) of title 49, 

United States Code, shall be credited to the appropriation current 

at the time of collection, to be merged with and available for the 

same purposes of such appropriation. 

SEC. 114. None of the funds in this Act shall be available for paying premium pay under subsection 5546(a) of title 5, United States 

Code, to any Federal Aviation Administration employee unless 

such employee actually performed work during the time corresponding to such premium pay. 

SEC. 115. None of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to 

purchase a store gift card or gift certificate through use of a Government-issued credit card. 

SEC. 116. None of the funds in this Act may be obligated or expended for retention bonuses for an employee of the Federal Aviation Administration without the prior written approval of the As-
1650

sistant Secretary for Administration of the Department of Transportation.

SEC. 117. Notwithstanding any other provision of law, none of 

the funds made available under this Act or any prior Act may be 

used to implement or to continue to implement any limitation on 

the ability of any owner or operator of a private aircraft to obtain, 

upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner’s or operator’s aircraft registration number from any display of the Federal Aviation Administration’s Aircraft Situational Display to Industry data that is 

made available to the public, except data made available to a Government agency, for the noncommercial flights of that owner or operator.

SEC. 118. None of the funds in this Act shall be available for salaries and expenses of more than nine political and Presidential appointees in the Federal Aviation Administration. 

SEC. 119. None of the funds made available under this Act may 

be used to increase fees pursuant to section 44721 of title 49, 

United States Code, until the Federal Aviation Administration provides to the House and Senate Committees on Appropriations a report that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive 

Order 13642. 

SEC. 119A. None of the funds in this Act may be used to close 

a regional operations center of the Federal Aviation Administration 

or reduce its services unless the Administrator notifies the House 

and Senate Committees on Appropriations not less than 90 full 

business days in advance. 

SEC. 119B. None of the funds appropriated or limited by this Act 

may be used to change weight restrictions or prior permission rules 

at Teterboro airport in Teterboro, New Jersey. 

SEC. 119C. None of the funds provided under this Act may be 

used by the Administrator of the Federal Aviation Administration 

to withhold from consideration and approval any application for 

participation in the Contract Tower Program, or for reevaluation of 

Cost-share Program participants, pending as of January 1, 2016, as 

long as the Federal Aviation Administration has received an application from the airport, and as long as the Administrator determines such tower is eligible using the factors set forth in the Federal Aviation Administration report, Establishment and Discontinuance Criteria for Airport Traffic Control Towers (FAA– 

APO–90–7 as of August, 1990). 

SEC. 119D. For fiscal year 2017, the Secretary of Transportation 

shall apportion to the sponsor of a primary airport under section 

47114(c)(1)(A) of title 49, United States Code, an amount based on 

the number of passenger boardings at the airport during calendar 

year 2012 if the airport had— 

(1) fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 

2017; and 

(2) 10,000 or more passenger boardings during calendar year 

2012.

SEC. 119E. Section 47109(c)(2) of title 49, United States Code, is 

amended to read as follows: ‘‘The Government’s share of allowable 
1651

project costs determined under this subsection shall not exceed the 

lesser of 93.75 percent or the highest percentage Government share 

applicable to any project in any State under subsection (b), except 

that at a primary non-hub and non-primary commercial service airport located in a State as set forth in paragraph (1) of this subsection that is within 15 miles of another State as set forth in paragraph (1) of this subsection, the Government’s share shall be an average of the Government share applicable to any project in each of 

the States.’’. 

SEC. 119F. (a) Subchapter I of chapter 471, as amended by this 

subtitle, is further amended by adding at the end the following: 

‘‘§ 47144. Use of funds for repairs for runway safety repairs 

‘‘(a) IN GENERAL.—The Secretary of Transportation may make 

project grants under this subchapter to an airport described in subsection (b) from funds under section 47114 apportioned to that airport or funds available for discretionary grants to that airport 

under section 47115 to conduct airport development to repair the 

runway safety area of the airport damaged as a result of a natural 

disaster in order to maintain compliance with the regulations of 

the Federal Aviation Administration relating to runway safety 

areas, without regard to whether construction of the runway safety 

area damaged was carried out using amounts the airport received 

under this subchapter. 

‘‘(b) AIRPORTS DESCRIBED.—An airport is described in this subsection if— 

‘‘(1) the airport is a public-use airport; 

‘‘(2) the airport is listed in the National Plan of Integrated 

Airport Systems of the Federal Aviation Administration; 

‘‘(3) the runway safety area of the airport was damaged as 

a result of a natural disaster; 

‘‘(4) the airport was denied funding under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

4121 et seq.) with respect to the disaster; 

‘‘(5) the operator of the airport has exhausted all legal remedies, including legal action against any parties (or insurers 

thereof) whose action or inaction may have contributed to the 

need for the repair of the runway safety area; 

‘‘(6) there is still a demonstrated need for the runway safety 

area to accommodate current or imminent aeronautical demand; and 

‘‘(7) the cost of repairing or replacing the runway safety area 

is reasonable in relation to the anticipated operational benefit 

of repairing the runway safety area, as determined by the Administrator of the Federal Aviation Administration.’’. 

(b) The analysis for chapter 471, as amended by this subtitle, is 

further amended by inserting after the item relating to section 

47143 the following: 

‘‘47144. Use of funds for repairs for runway safety repairs.’’. 
1652

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

Not to exceed $432,547,000, together with advances and reimbursements received by the Federal Highway Administration, shall 

be obligated for necessary expenses for administration and operation of the Federal Highway Administration. In addition, not to 

exceed $3,248,000 shall be transferred to the Appalachian Regional 

Commission in accordance with section 104(a) of title 23, United 

States Code. 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Funds available for the implementation or execution of Federalaid highway and highway safety construction programs authorized 

under titles 23 and 49, United States Code, and the provisions of 

the Fixing America’s Surface Transportation Act shall not exceed 

total obligations of $43,266,100,000 for fiscal year 2017: Provided, That the Secretary may collect and spend fees, as authorized by 

title 23, United States Code, to cover the costs of services of expert 

firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit 

instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That 

such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to administrative 

expenses that are also available for such purpose, and are not subject to any obligation limitation or the limitation on administrative 

expenses under section 608 of title 23, United States Code. 

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For the payment of obligations incurred in carrying out Federalaid highway and highway safety construction programs authorized 

under title 23, United States Code, $44,005,100,000 derived from 

the Highway Trust Fund (other than the Mass Transit Account), to 

remain available until expended. 

(RESCISSION)

(HIGHWAY TRUST FUND)

Of the unobligated balances of funds apportioned among the 

States under chapter 1 of title 23, United States Code, a total of 

$857,000,000 is hereby permanently rescinded on June 30, 2017: 

Provided, That such rescission shall not apply to funds distributed 

in accordance with sections 104(b)(3) and 130(f) of title 23, United 
1653

States Code; section 133(d)(1)(A) of such title; the first sentence of 

section 133(d)(3)(A) of such title, as in effect on the day before the 

date of enactment of MAP–21 (Public Law 112–141); sections 

133(d)(1) and 163 of such title, as in effect on the day before the 

date of enactment of SAFETEA–LU (Public Law 109–59); and section 104(b)(5) of such title, as in effect on the day before the date 

of enactment of MAP–21 (Public Law 112–141): Provided further, That such rescission shall not apply to funds that are exempt from 

the obligation limitation or subject to special no-year obligation 

limitation: Provided further, That the amount to be rescinded from 

a State shall be determined by multiplying the total amount of the 

rescission by the ratio that the unobligated balances subject to the 

rescission as of May 31, 2017, for the State; bears to the unobligated balances subject to the rescission as of May 31, 2017, for all 

States: Provided further, That the amount to be rescinded under 

this section from each program to which the rescission applies 

within a State shall be determined by multiplying the rescission 

amount calculated for such State by the ratio that the unobligated 

balance as of May 31, 2017, for such program in such State; bears 

to the unobligated balances as of May 31, 2017, for all programs 

to which the rescission applies in such State. 

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 120. (a) For fiscal year 2017, the Secretary of Transportation shall— 

(1) not distribute from the obligation limitation for Federalaid highways— 

(A) amounts authorized for administrative expenses and 

programs by section 104(a) of title 23, United States Code; 

and

(B) amounts authorized for the Bureau of Transportation 

Statistics;

(2) not distribute an amount from the obligation limitation 

for Federal-aid highways that is equal to the unobligated balance of amounts— 

(A) made available from the Highway Trust Fund (other 

than the Mass Transit Account) for Federal-aid highway 

and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 

or 204 of title 23, United States Code); and 

(B) for which obligation limitation was provided in a previous fiscal year; 

(3) determine the proportion that— 

(A) the obligation limitation for Federal-aid highways, 

less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to 

(B) the total of the sums authorized to be appropriated 

for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) 

through (11) of subsection (b) and sums authorized to be 

appropriated for section 119 of title 23, United States 

Code, equal to the amount referred to in subsection (b)(12) 
1654

for such fiscal year), less the aggregate of the amounts not 

distributed under paragraphs (1) and (2) of this subsection; 

(4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the 

Secretary under the Fixing America’s Surface Transportation 

Act and title 23, United States Code, or apportioned by the 

Secretary under sections 202 or 204 of that title, by multiplying—

(A) the proportion determined under paragraph (3); by 

(B) the amounts authorized to be appropriated for each 

such program for such fiscal year; and 

(5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary 

under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in 

section 119 of title 23, United States Code, that are exempt 

from the limitation under subsection (b)(12) and the amounts 

apportioned under sections 202 and 204 of that title) in the 

proportion that— 

(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States 

Code, to each State for such fiscal year; bears to 

(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 

23, United States Code, to all States for such fiscal year. 

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation 

limitation for Federal-aid highways shall not apply to obligations 

under or for— 

(1) section 125 of title 23, United States Code; 

(2) section 147 of the Surface Transportation Assistance Act 

of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); 

(3) section 9 of the Federal-Aid Highway Act of 1981 (95 

Stat. 1701); 

(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); 

(5) subsections (b) and (c) of section 149 of the Surface 

Transportation and Uniform Relocation Assistance Act of 1987 

(101 Stat. 198); 

(6) sections 1103 through 1108 of the Intermodal Surface 

Transportation Efficiency Act of 1991 (105 Stat. 2027); 

(7) section 157 of title 23, United States Code (as in effect 

on June 8, 1998); 

(8) section 105 of title 23, United States Code (as in effect 

for fiscal years 1998 through 2004, but only in an amount 

equal to $639,000,000 for each of those fiscal years); 

(9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity 

Act for the 21st Century (112 Stat. 107) or subsequent Acts for 

multiple years or to remain available until expended, but only 
1655

to the extent that the obligation authority has not lapsed or 

been used; 

(10) section 105 of title 23, United States Code (as in effect 

for fiscal years 2005 through 2012, but only in an amount 

equal to $639,000,000 for each of those fiscal years); 

(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 

Stat. 1248), to the extent that funds obligated in accordance 

with that section were not subject to a limitation on obligations 

at the time at which the funds were initially made available 

for obligation; and 

(12) section 119 of title 23, United States Code (but, for each 

of fiscal years 2013 through 2017, only in an amount equal to 

$639,000,000).

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1 of 

such fiscal year— 

(1) revise a distribution of the obligation limitation made 

available under subsection (a) if an amount distributed cannot 

be obligated during that fiscal year; and 

(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large 

unobligated balances of funds apportioned under sections 144 

(as in effect on the day before the date of enactment of Public 

Law 112–141) and 104 of title 23, United States Code. 

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—

(1) IN GENERAL.—Except as provided in paragraph (2), the 

obligation limitation for Federal-aid highways shall apply to 

contract authority for transportation research programs carried 

out under— 

(A) chapter 5 of title 23, United States Code; and 

(B) title VI of the Fixing America’s Surface Transportation Act. 

(2) EXCEPTION.—Obligation authority made available under 

paragraph (1) shall— 

(A) remain available for a period of 4 fiscal years; and 

(B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway 

safety construction programs for future fiscal years. 

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—

(1) IN GENERAL.—Not later than 30 days after the date of 

distribution of obligation limitation under subsection (a), the 

Secretary shall distribute to the States any funds (excluding 

funds authorized for the program under section 202 of title 23, 

United States Code) that— 

(A) are authorized to be appropriated for such fiscal year 

for Federal-aid highway programs; and 

(B) the Secretary determines will not be allocated to the 

States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be 

available for obligation, for such fiscal year because of the 

imposition of any obligation limitation for such fiscal year. 
1656

(2) RATIO.—Funds shall be distributed under paragraph (1) 

in the same proportion as the distribution of obligation authority under subsection (a)(5). 

(3) AVAILABILITY.—Funds distributed to each State under 

paragraph (1) shall be available for any purpose described in 

section 133(b) of title 23, United States Code. 

SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by the 

Bureau of Transportation Statistics from the sale of data products, 

for necessary expenses incurred pursuant to chapter 63 of title 49, 

United States Code, may be credited to the Federal-aid highways 

account for the purpose of reimbursing the Bureau for such expenses: Provided, That such funds shall be subject to the obligation 

limitation for Federal-aid highway and highway safety construction 

programs.

SEC. 122. (a) TRANSFER OF AMOUNTS.— (1) STATE OF VIRGINIA.— (A) IN GENERAL.—Of the total amount apportioned to the 

State of Virginia under section 104 of title 23, United 

States Code, for fiscal year 2017, the Secretary of Transportation shall, by the later of November 30, 2016, or 30 

days after the enactment of this Act, transfer to the National Park Service— 

(i) an amount equal to— (I) $30,000,000; multiplied by 

(II) the ratio that— 

(aa) the amount apportioned to the State of 

Virginia under such section 104; bears to 

(bb) the combined amount apportioned to 

the State of Virginia and the District of Columbia under such section 104; and 

(ii) an amount of obligation limitation equal to the 

amount calculated under clause (i). 

(B) SOURCE AND AMOUNT.—For purpose of the transfer 

under subparagraph (A), the State of Virginia shall select 

at the discretion of the State— 

(i) the programs (among those for which funding is 

apportioned as described in that subparagraph) from 

which to transfer the amount specified in that subparagraph; and 

(ii) the amount to transfer from each of those programs (equal in aggregate to the amount calculated 

under subparagraph (A)(i)). 

(2) DISTRICT OF COLUMBIA.—

(A) IN GENERAL.—Of the total amount apportioned to the 

District of Columbia under section 104 of title 23, United 

States Code, for fiscal year 2017, the Secretary of Transportation shall, by the later of November 30, 2016, or 30 

days after the enactment of this Act, transfer to the National Park Service— 

(i) an amount equal to— 

(I) $30,000,000; multiplied by 

(II) the ratio that— 

(aa) the amount apportioned to the District 

of Columbia under such section 104; bears to 
1657

(bb) the combined amount apportioned to 

the State of Virginia and the District of Columbia under such section 104; and 

(ii) an amount of obligation limitation equal to the 

amount calculated under clause (i). 

(B) SOURCE AND AMOUNT.—For purpose of the transfer 

under subparagraph (A), the District of Columbia shall select at the discretion of the District— 

(i) the programs (among those for which funding is 

apportioned as described in that subparagraph) from 

which to transfer the amount specified in that subparagraph; and 

(ii) the amount to transfer from each of those programs (equal in aggregate to the amount calculated 

under subparagraph (A)(i)). 

(3) FEDERAL LANDS TRANSPORTATION PROGRAM.—Of the 

amounts otherwise made available to the National Park Service under section 203 of title 23, United States Code, not less 

than 10 percent shall be set aside for purposes of this section. 

(b) ELIGIBILITY AND FEDERAL SHARE.—The amounts under subsection (a) shall be— 

(1) available to the National Park Service only for projects 

that—

(A) are eligible under section 203 of title 23, United 

States Code; and 

(B) are located on bridges on the National Highway System that were originally constructed before 1945 and are 

in poor condition; and 

(2) subject to the Federal share described in section 

201(b)(7)(A) of title 23, United States Code. 

(c) OTHER FUNDS AND OBLIGATION LIMITATION.—Any funds and 

obligation limitation transferred under subsection (a) shall be in 

addition to funds or obligation limitation otherwise made available 

to the National Park Service under sections 203 and 204 of title 23, 

United States Code. 

SEC. 123. Not less than 15 days prior to waiving, under his or 

her statutory authority, any Buy America requirement for Federalaid highways projects, the Secretary of Transportation shall make 

an informal public notice and comment opportunity on the intent 

to issue such waiver and the reasons therefor: Provided, That the 

Secretary shall provide an annual report to the House and Senate 

Committees on Appropriations on any waivers granted under the 

Buy America requirements. 

SEC. 124. None of the funds in this Act to the Department of 

Transportation may be used to provide credit assistance unless not 

less than 3 days before any application approval to provide credit 

assistance under sections 603 and 604 of title 23, United States 

Code, the Secretary of Transportation provides notification in writing to the following committees: the House and Senate Committees 

on Appropriations; the Committee on Environment and Public 

Works and the Committee on Banking, Housing and Urban Affairs 

of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided, That such notification shall include, but not be limited to, the name of the 
1658

project sponsor; a description of the project; whether credit assistance will be provided as a direct loan, loan guarantee, or line of 

credit; and the amount of credit assistance. 

SEC. 125. None of the funds in this Act may be used to make a 

grant for a project under section 117 of title 23, United States 

Code, unless the Secretary, at least 60 days before making a grant 

under that section, provides written notification to the House and 

Senate Committees on Appropriations of the proposed grant, including an evaluation and justification for the project and the 

amount of the proposed grant award. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and 

programs pursuant to section 31110 of title 49, United States Code, 

as amended by the Fixing America’s Surface Transportation Act, 

$277,200,000, to be derived from the Highway Trust Fund (other 

than the Mass Transit Account), together with advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available until expended: 

Provided, That funds available for implementation, execution or administration of motor carrier safety operations and programs authorized under title 49, United States Code, shall not exceed total 

obligations of $277,200,000 for ‘‘Motor Carrier Safety Operations 

and Programs’’ for fiscal year 2017, of which $9,180,000, to remain 

available for obligation until September 30, 2019, is for the research and technology program. 

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out sections 

31102, 31103, 31104, and 31313 of title 49, United States Code, as 

amended by the Fixing America’s Surface Transportation Act, 

$367,000,000, to be derived from the Highway Trust Fund (other 

than the Mass Transit Account) and to remain available until expended: Provided, That funds available for the implementation or 

execution of motor carrier safety programs shall not exceed total 

obligations of $367,000,000 in fiscal year 2017 for ‘‘Motor Carrier 

Safety Grants’’; of which $292,600,000 shall be available for the 

motor carrier safety assistance program, $31,200,000 shall be available for the commercial driver’s license program implementation 

program, $42,200,000 shall be available for the high priority activi-
1659

ties program, and $1,000,000 shall be available for the commercial 

motor vehicle operators grant program. 

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 130. Funds appropriated or limited in this Act shall be subject to the terms and conditions stipulated in section 350 of Public 

Law 107–87 and section 6901 of Public Law 110–28. 

SEC. 131. The Federal Motor Carrier Safety Administration shall 

send notice of 49 CFR section 385.308 violations by certified mail, 

registered mail, or another manner of delivery, which records the 

receipt of the notice by the persons responsible for the violations. 

SEC. 132. None of the funds made available by this Act or previous appropriations Acts under the heading ‘‘Motor Carrier Safety 

Operations and Programs’’ shall be used to pay for costs associated 

with design, development, testing, or implementation of a wireless 

roadside inspection program until 180 days after the Secretary of 

Transportation certifies to the House and Senate Committees on 

Appropriations that such program does not conflict with existing 

non-Federal electronic screening systems, create capabilities already available, or require additional statutory authority to incorporate generated inspection data into safety determinations or 

databases, and has restrictions to specifically address privacy concerns of affected motor carriers and operators. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under 

chapter 301 and part C of subtitle VI of title 49, United States 

Code, $180,075,000, of which $20,000,000 shall remain available 

through September 30, 2018. 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, and chapter 303 of title 49, United States 

Code, $145,900,000, to be derived from the Highway Trust Fund 

(other than the Mass Transit Account) and to remain available 

until expended: Provided, That none of the funds in this Act shall 

be available for the planning or execution of programs the total obligations for which, in fiscal year 2017, are in excess of 

$145,900,000, of which $140,700,000 shall be for programs authorized under 23 U.S.C. 403 and $5,200,000 shall be for the National 

Driver Register authorized under chapter 303 of title 49, United 

States Code: Provided further, That within the $145,900,000 obliga- tion limitation for operations and research, $20,000,000 shall remain available until September 30, 2018, and shall be in addition 
1660

to the amount of any limitation imposed on obligations for future 

years.

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out provisions of 

23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing 

America’s Surface Transportation Act, to remain available until expended, $585,372,000, to be derived from the Highway Trust Fund 

(other than the Mass Transit Account): Provided, That none of the 

funds in this Act shall be available for the planning or execution 

of programs the total obligations for which, in fiscal year 2017, are 

in excess of $585,372,000 for programs authorized under 23 U.S.C. 

402, 404, and 405, and section 4001(a)(6) of the Fixing America’s 

Surface Transportation Act, of which $252,300,000 shall be for 

‘‘Highway Safety Programs’’ under 23 U.S.C. 402; $277,500,000 

shall be for ‘‘National Priority Safety Programs’’ under 23 U.S.C. 

405; $29,500,000 shall be for ‘‘High Visibility Enforcement Program’’ under 23 U.S.C. 404; $26,072,000 shall be for ‘‘Administrative Expenses’’ under section 4001(a)(6) of the Fixing America’s 

Surface Transportation Act: Provided further, That none of these 

funds shall be used for construction, rehabilitation, or remodeling 

costs, or for office furnishings and fixtures for State, local or private buildings or structures: Provided further, That not to exceed 

$500,000 of the funds made available for ‘‘National Priority Safety 

Programs’’ under 23 U.S.C. 405 for ‘‘Impaired Driving Countermeasures’’ (as described in subsection (d) of that section) shall be 

available for technical assistance to the States: Provided further, That with respect to the ‘‘Transfers’’ provision under 23 U.S.C. 

405(a)(8), any amounts transferred to increase the amounts made 

available under section 402 shall include the obligation authority 

for such amounts: Provided further, That the Administrator shall 

notify the House and Senate Committees on Appropriations of any 

exercise of the authority granted under the previous proviso or 

under 23 U.S.C. 405(a)(8) within 5 days. 

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

SEC. 140. An additional $130,000 shall be made available to the 

National Highway Traffic Safety Administration, out of the amount 

limited for section 402 of title 23, United States Code, to pay for 

travel and related expenses for State management reviews and to 

pay for core competency development training and related expenses 

for highway safety staff. 

SEC. 141. The limitations on obligations for the programs of the 

National Highway Traffic Safety Administration set in this Act 

shall not apply to obligations for which obligation authority was 

made available in previous public laws but only to the extent that 

the obligation authority has not lapsed or been used. 
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SEC. 142. None of the funds made available by this Act may be 

used to obligate or award funds for the National Highway Traffic 

Safety Administration’s National Roadside Survey. 

SEC. 143. None of the funds made available by this Act may be 

used to mandate global positioning system (GPS) tracking in private passenger motor vehicles without providing full and appropriate consideration of privacy concerns under 5 U.S.C. chapter 5, 

subchapter II. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration, 

not otherwise provided for, $218,298,000, of which $15,900,000 

shall remain available until expended. 

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, 

$40,100,000, to remain available until expended. 

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The Secretary of Transportation is authorized to issue direct 

loans and loan guarantees pursuant to sections 501 through 504 of 

the Railroad Revitalization and Regulatory Reform Act of 1976 

(Public Law 94–210), as amended, such authority shall exist as 

long as any such direct loan or loan guarantee is outstanding: Provided, That pursuant to section 502 of such Act, as amended, no 

new direct loans or loan guarantee commitments shall be made 

using Federal funds for the credit risk premium during fiscal year 

2017, except for Federal funds awarded in accordance with section 

3028(c) of Public Law 114–94. 

FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR GRANTS

For necessary expenses related to Federal-State Partnership for 

State of Good Repair Grants as authorized by section 24911 of title 

49, United States Code, $25,000,000, to remain available until expended: Provided, That the Secretary may withhold up to one percent of the amount provided under this heading for the costs of 

project management oversight of grants carried out under section 

24911 of title 49, United States Code. 

CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

GRANTS

For necessary expenses related to Consolidated Rail Infrastructure and Safety Improvements Grants as authorized by section 

24407 of title 49, United States Code, $68,000,000, to remain available until expended, for projects eligible under sections 24407(c)(1) 

through 24407(c)(10) of title 49, United States Code, of which 

$10,000,000 shall be available for eligible projects under section 

24407(c)(2) of title 49, United States Code, that contribute to the 

initiation or restoration of intercity passenger rail service: Provided, That the Secretary may withhold up to one percent of the 
1662

amount provided under this heading for the costs of project management oversight of grants carried out under section 24407 of title 

49, United States Code. 

RESTORATION AND ENHANCEMENT GRANTS

For necessary expenses related to Restoration and Enhancement 

Grants, as authorized by section 24408 of title 49, United States 

Code, $5,000,000, to remain available until expended: Provided,

That the Secretary may withhold up to one percent of the funds 

provided under this heading to fund the costs of project management and oversight. 

NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to the 

National Railroad Passenger Corporation for activities associated 

with the Northeast Corridor as authorized by section 11101(a) of 

the Fixing America’s Surface Transportation Act (division A of Public Law 114–94), $328,000,000, to remain available until expended: 

Provided, That the Secretary may retain up to one-half of 1 percent 

of the funds provided under both this heading and the National 

Network Grants to the National Railroad Passenger Corporation 

heading to fund the costs of project management and oversight of 

activities authorized by section 11101(c) of division A of Public Law 

114–94: Provided further, That in addition to the project management oversight funds authorized under section 11101(c) of division 

A of Public Law 114–94, the Secretary may retain up to an additional $5,000,000 of the funds provided under this heading to fund 

expenses associated with the Northeast Corridor Commission established under section 24905 of title 49, United States Code: Provided further, That of the amounts made available under this heading and the National Network Grants to the National Railroad Passenger Corporation heading, not less than $50,000,000 shall be 

made available to bring Amtrak-served facilities and stations into 

compliance with the Americans with Disabilities Act. 

NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

To enable the Secretary of Transportation to make grants to the 

National Railroad Passenger Corporation for activities associated 

with the National Network as authorized by section 11101(b) of the 

Fixing America’s Surface Transportation Act (division A of Public 

Law 114–94), $1,167,000,000, to remain available until expended: 

Provided, That the Secretary may retain up to an additional 

$2,000,000 of the funds provided under this heading to fund expenses associated with the State-Supported Route Committee established under 24712 of title 49, United States Code. 

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 150. None of the funds provided to the National Railroad 

Passenger Corporation may be used to fund any overtime costs in 

excess of $35,000 for any individual employee: Provided, That the 
1663

President of Amtrak may waive the cap set in the previous proviso 

for specific employees when the President of Amtrak determines 

such a cap poses a risk to the safety and operational efficiency of 

the system: Provided further, That the President of Amtrak shall 

report to the House and Senate Committees on Appropriations each 

quarter within 30 days of such quarter of the calendar year on 

waivers granted to employees and amounts paid above the cap for 

each month within such quarter and delineate the reasons each 

waiver was granted: Provided further, That the President of Amtrak shall report to the House and Senate Committees on Appropriations by March 1, 2017, a summary of all overtime payments 

incurred by the Corporation for 2016 and the three prior calendar 

years: Provided further, That such summary shall include the total 

number of employees that received waivers and the total overtime 

payments the Corporation paid to those employees receiving waivers for each month for 2016 and for the three prior calendar years. 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit Administration’s programs authorized by chapter 53 of title 49, 

United States Code, $113,165,000: Provided, That none of the 

funds provided or limited in this Act may be used to create a permanent office of transit security under this heading: Provided further, That upon submission to the Congress of the fiscal year 2018 

President’s budget, the Secretary of Transportation shall transmit 

to Congress the annual report on New Starts, including proposed 

allocations for fiscal year 2018. 

TRANSIT FORMULA GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of 

obligations incurred in carrying out the provisions of 49 U.S.C. 

5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 

5339, and 5340, as amended by the Fixing America’s Surface 

Transportation Act, and section 20005(b) of Public Law 112–141, 

and sections 3006(b) and 3028 of the Fixing America’s Surface 

Transportation Act, $10,800,000,000, to be derived from the Mass 

Transit Account of the Highway Trust Fund and to remain available until expended: Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C. 

5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 

5339, and 5340, as amended by the Fixing America’s Surface 

Transportation Act, and section 20005(b) of Public Law 112–141, 

and sections 3006(b) and 3028 of the Fixing America’s Surface 

Transportation Act, shall not exceed total obligations of 

$9,733,706,043 in fiscal year 2017: Provided further, That the Fed-
1664

eral share of the cost of activities carried out under section 5312 

shall not exceed 80 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal 

share.

TECHNICAL ASSISTANCE AND TRAINING

For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000. 

CAPITAL INVESTMENT GRANTS

For necessary expenses to carry out 49 U.S.C. 5309 and section 3005(b) of the FAST Act, $2,412,631,000, to remain available until 

expended.

GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT

AUTHORITY

For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of Public Law 

110–432, $150,000,000, to remain available until expended: Provided, That the Secretary of Transportation shall approve grants 

for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving 

and reviewing a request for each specific project: Provided further, That prior to approving such grants, the Secretary shall certify 

that the Washington Metropolitan Area Transit Authority is making progress to improve its safety management system in response 

to the Federal Transit Administration’s 2015 safety management 

inspection: Provided further, That prior to approving such grants, 

the Secretary shall certify that the Washington Metropolitan Area 

Transit Authority is making progress toward full implementation 

of the corrective actions identified in the 2014 Financial Management Oversight Review Report: Provided further, That the Secretary shall determine that the Washington Metropolitan Area 

Transit Authority has placed the highest priority on those investments that will improve the safety of the system before approving 

such grants: Provided further, That the Secretary, in order to ensure safety throughout the rail system, may waive the requirements of section 601(e)(1) of division B of Public Law 110–432 (112 

Stat. 4968). 

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

(INCLUDING RESCISSION)

SEC. 160. The limitations on obligations for the programs of the 

Federal Transit Administration shall not apply to any authority 

under 49 U.S.C. 5338, previously made available for obligation, or 

to any other authority previously made available for obligation. 

SEC. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading ‘‘Fixed Guideway Capital Investment’’ of the Federal Transit Administration for 

projects specified in this Act or identified in reports accompanying 

this Act not obligated by September 30, 2021, and other recoveries, 

shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. 
1665

SEC. 162. Notwithstanding any other provision of law, any funds 

appropriated before October 1, 2016, under any section of chapter 

53 of title 49, United States Code, that remain available for expenditure, may be transferred to and administered under the most 

recent appropriation heading for any such section. 

SEC. 163. (a) Except as provided in subsection (b), none of the 

funds in this or any other Act may be available to advance in any 

way a new light or heavy rail project towards a full funding grant 

agreement as defined by 49 U.S.C. 5309 for the Metropolitan Transit Authority of Harris County, Texas if the proposed capital 

project is constructed on or planned to be constructed on Richmond 

Avenue west of South Shepherd Drive or on Post Oak Boulevard 

north of Richmond Avenue in Houston, Texas. 

(b) The Metropolitan Transit Authority of Harris County, Texas, 

may attempt to construct or construct a new fixed guideway capital 

project, including light rail, in the locations referred to in subsection (a) if— 

(1) voters in the jurisdiction that includes such locations approve a ballot proposition that specifies routes on Richmond 

Avenue west of South Shepherd Drive or on Post Oak Boulevard north of Richmond Avenue in Houston, Texas; and 

(2) the proposed construction of such routes is part of a comprehensive, multi-modal, service-area wide transportation plan 

that includes multiple additional segments of fixed guideway 

capital projects, including light rail for the jurisdiction set 

forth in the ballot proposition. The ballot language shall include reasonable cost estimates, sources of revenue to be used 

and the total amount of bonded indebtedness to be incurred as 

well as a description of each route and the beginning and end 

point of each proposed transit project. 

SEC. 164. Any unobligated amounts made available for fiscal year 

2012 or prior fiscal years to carry out the discretionary job access 

and reverse commute program under section 3037 of the transportation equity act for the 21st century are hereby rescinded: Provided, That such amounts are made available for projects eligible 

under 49 U.S.C. 5309(q). 

SEC. 165. Section 5307(a) of title 49, United States Code, is 

amended by striking paragraphs (2) and (3) and inserting the following:

‘‘(2) The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in 

public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census— 

‘‘(A) for public transportation systems that— 

‘‘(i) operate 75 or fewer buses in fixed route service 

or demand response service, excluding ADA complementary paratransit service, during peak service 

hours, in an amount not to exceed 75 percent of the 

share of the apportionment which is attributable to 

such systems within the urbanized area, as measured 

by vehicle revenue hours; or 

‘‘(ii) operate a minimum of 76 buses and a maximum 

of 100 buses in fixed route service or demand response 
1666

service, excluding ADA complementary paratransit 

service, during peak service hours, in an amount not 

to exceed 50 percent of the share of the apportionment 

which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; 

or

‘‘(B) subject to paragraph (3), for public transportation 

systems that— 

‘‘(i) operate 75 or fewer buses in fixed route service 

or demand response service, excluding ADA complementary paratransit service, during peak service 

hours, in an amount not to exceed 75 percent of the 

share of the apportionment allocated to such systems 

within the urbanized area, as determined by the local 

planning process and included in the designated recipient’s final program of projects prepared under subsection (b); or 

‘‘(ii) operate a minimum of 76 buses and a maximum 

of 100 buses in fixed route service or demand response 

service, excluding ADA complementary paratransit 

service during peak service hours, in an amount not to 

exceed 50 percent of the share of the apportionment 

allocated to such systems within the urbanized area, 

as determined by the local planning process and included in the designated recipient’s final program of 

projects prepared under subsection (b). 

‘‘(3) The amount available to a public transportation system 

under subparagraph (B) of paragraph (2) shall be not more 

than 10 percent greater than the amount that would otherwise 

be available to the system under subparagraph (A) of that 

paragraph.’’.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is hereby 

authorized to make such expenditures, within the limits of funds 

and borrowing authority available to the Corporation, and in accord 

with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the 

Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation’s 

budget for the current fiscal year. 

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses to conduct the operations, maintenance, 

and capital asset renewal activities of those portions of the St. 

Lawrence Seaway owned, operated, and maintained by the Saint 

Lawrence Seaway Development Corporation, $36,028,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public 

Law 99–662. 
1667

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag 

merchant fleet to serve the national security needs of the United 

States, $300,000,000, to remain available until expended. 

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities authorized by law, $175,560,000, of which $22,000,000 shall remain 

available until expended for maintenance and repair of training 

ships at State Maritime Academies, and of which $6,000,000 shall 

remain available until expended for National Security Multi-Mission Vessel Program for State Maritime Academies and National 

Security, and of which $2,400,000 shall remain available through 

September 30, 2018, for the Student Incentive Program at State 

Maritime Academies, and of which $1,800,000 shall remain available until expended for training ship fuel assistance payments, and 

of which $14,218,000 shall remain available until expended for facilities maintenance and repair, equipment, and capital improvements at the United States Merchant Marine Academy, and of 

which $3,000,000 shall remain available through September 30, 

2018, for Maritime Environment and Technology Assistance program authorized under section 50307 of title 46, United States 

Code, and of which $5,000,000 shall remain available until expended for the Short Sea Transportation Program (America’s Marine Highways) to make grants for the purposes authorized under 

sections 55601(b)(1) and (3) of title 46, United States Code: Provided, That not later than January 12, 2018, the Administrator of 

the Maritime Administration shall transmit to the House and Senate Committees on Appropriations the annual report on sexual assault and sexual harassment at the United States Merchant Marine Academy as required pursuant to section 3507 of Public Law 

110–417.

ASSISTANCE TO SMALL SHIPYARDS

To make grants to qualified shipyards as authorized under section 54101 of title 46, United States Code, as amended by Public 

Law 113–281, $10,000,000 to remain available until expended: Provided, That the Secretary shall issue the Notice of Funding Availability no later than 15 days after enactment of this Act: Provided

further, That from applications submitted under the previous proviso, the Secretary of Transportation shall make grants no later 

than 120 days after enactment of this Act in such amounts as the 

Secretary determines: Provided further, That not to exceed 2 percent of the funds appropriated under this heading shall be available for necessary costs of grant administration. 

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels 

in the National Defense Reserve Fleet of the Maritime Administration, $34,000,000, to remain available until expended, of which 
1668

$24,000,000 shall be for the decommissioning of the Nuclear Ship 

Savannah.

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the guaranteed loan 

program, $3,000,000, which shall be transferred to and merged 

with the appropriations for ‘‘Operations and Training’’, Maritime 

Administration.

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

SEC. 170. Notwithstanding any other provision of this Act, in addition to any existing authority, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving 

Government property under control of the Maritime Administration: Provided, That payments received therefor shall be credited to 

the appropriation charged with the cost thereof and shall remain 

available until expended: Provided further, That rental payments 

under any such lease, contract, or occupancy for items other than 

such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts. 

SEC. 171. None of the funds available or appropriated in this Act 

shall be used by the United States Department of Transportation 

or the United States Maritime Administration to negotiate or otherwise execute, enter into, facilitate or perform fee-for-service contracts for vessel disposal, scrapping or recycling, unless there is no 

qualified domestic ship recycler that will pay any sum of money to 

purchase and scrap or recycle a vessel owned, operated or managed 

by the Maritime Administration or that is part of the National Defense Reserve Fleet: Provided, That such sales offers must be consistent with the solicitation and provide that the work will be performed in a timely manner at a facility qualified within the meaning of section 3502 of Public Law 106–398: Provided further, That 

nothing contained herein shall affect the Maritime Administration’s 

authority to award contracts at least cost to the Federal Government and consistent with the requirements of 54 U.S.C. 308704, 

section 3502, or otherwise authorized under the Federal Acquisition Regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

OPERATIONAL EXPENSES

For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $22,500,000: Provided,

That the Secretary of Transportation shall issue a final rule to expand the applicability of comprehensive oil spill response plans no 

later than August 1, 2017: Provided further, That $1,500,000 shall 

be for ‘‘Pipeline Safety Information Grants to Communities’’ as authorized under section 60130 of title 49, United States Code. 
1669

HAZARDOUS MATERIALS SAFETY

For expenses necessary to discharge the hazardous materials 

safety functions of the Pipeline and Hazardous Materials Safety 

Administration, $57,000,000, of which $7,570,000 shall remain 

available until September 30, 2019: Provided, That up to $800,000 

in fees collected under 49 U.S.C. 5108(g) shall be deposited in the 

general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses 

incurred for training, for reports publication and dissemination, 

and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions. 

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline 

safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, 

$156,288,000, of which $20,288,000 shall be derived from the Oil 

Spill Liability Trust Fund and shall remain available until September 30, 2019; and of which $128,000,000 shall be derived from 

the Pipeline Safety Fund, of which $63,335,000 shall remain available until September 30, 2019; and of which $8,000,000 shall be derived from the Pipeline Safety Fund as provided in 49 U.S.C. 60302 

(section 12 of the PIPES Act of 2016 (Public Law 114–183)) from 

the Underground Natural Gas Storage Facility Safety Account for 

the purpose of carrying out 49 U.S.C. 60141 of such Act (section 12 

of the PIPES Act of 2016 (Public Law 114–183)), of which 

$6,000,000 shall remain available until September 30, 2019: Provided, That not less than $1,058,000 of the funds provided under 

this heading shall be for the One-Call State grant program. 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

Notwithstanding the fiscal year limitation specified in 49 U.S.C. 

5116, not more than $28,318,000 shall be made available for obligation in fiscal year 2017 from amounts made available by 49 U.S.C. 

5116(h), and 5128(b) and (c): Provided, That notwithstanding 49 

U.S.C. 5116(h)(4), not more than 4 percent of the amounts made 

available from this account shall be available to pay administrative 

costs: Provided further, That none of the funds made available by 

49 U.S.C. 5116(h), 5128(b), or 5128(c) shall be made available for 

obligation by individuals other than the Secretary of Transportation, or his or her designee: Provided further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current year obligation 

limitation, prior year recoveries recognized in the current year 

shall be available to develop a hazardous materials response train-
1670

ing curriculum for emergency responders, including response activities for the transportation of crude oil, ethanol and other flammable liquids by rail, consistent with National Fire Protection Association standards, and to make such training available through 

an electronic format: Provided further, That the prior year recoveries made available under this heading shall also be available to 

carry out 49 U.S.C. 5116(a)(1)(C) and 5116(i). 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of the Inspector General to 

carry out the provisions of the Inspector General Act of 1978, as 

amended, $90,152,000: Provided, That the Inspector General shall 

have all necessary authority, in carrying out the duties specified in 

the Inspector General Act, as amended (5 U.S.C. App. 3), to investigate allegations of fraud, including false statements to the government (18 U.S.C. 1001), by any person or entity that is subject 

to regulation by the Department of Transportation: Provided further, That the funds made available under this heading may be 

used to investigate, pursuant to section 41712 of title 49, United 

States Code: (1) unfair or deceptive practices and unfair methods 

of competition by domestic and foreign air carriers and ticket 

agents; and (2) the compliance of domestic and foreign air carriers 

with respect to item (1) of this proviso. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

SEC. 180. (a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for 

maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; 

and uniforms or allowances therefor, as authorized by law (5 

U.S.C. 5901–5902). 

(b) During the current fiscal year, applicable appropriations to 

the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment of 

unmanned aircraft systems that advance the Department’s, or its 

operating administrations’, missions. 

(c) Any unmanned aircraft system purchased or procured by the 

Department prior to the enactment of this Act shall be deemed authorized.

SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized 

by 5 U.S.C. 3109, but at rates for individuals not to exceed the per 

diem rate equivalent to the rate for an Executive Level IV. 

SEC. 182. None of the funds in this Act shall be available for salaries and expenses of more than 110 political and Presidential appointees in the Department of Transportation: Provided, That none 

of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation. 

SEC. 183. (a) No recipient of funds made available in this Act 

shall disseminate personal information (as defined in 18 U.S.C. 
1671

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), 

except as provided in 18 U.S.C. 2721 for a use permitted under 18 

U.S.C. 2721. 

(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision. 

SEC. 184. Funds received by the Federal Highway Administration 

and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses 

incurred for training may be credited respectively to the Federal 

Highway Administration’s ‘‘Federal-Aid Highways’’ account and to 

the Federal Railroad Administration’s ‘‘Safety and Operations’’ account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. 

SEC. 185. (a) None of the funds provided in this Act to the Department of Transportation may be used to make a loan, loan guarantee, line of credit, or discretionary grant totaling $500,000 or 

more unless the Secretary of Transportation notifies the House and 

Senate Committees on Appropriations not less than 3 full business 

days before any project competitively selected to receive any discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, or full funding grant 

agreement is announced by the Department or its modal administrations: Provided, That the Secretary gives concurrent notification 

to the House and Senate Committees on Appropriations for any 

‘‘quick release’’ of funds from the emergency relief program: Provided further, That no notification shall involve funds that are not 

available for obligation. 

(b) In addition to the notification required in subsection (a), none 

of the funds made available in this Act to the Department of Transportation may be used to make a loan, loan guarantee, line of credit, or discretionary grant unless the Secretary of Transportation 

provides the House and Senate Committees on Appropriations a 

comprehensive list of all such loans, loan guarantees, lines of credit, or discretionary grants that will be announced not less the 3 full 

business days before such announcement: Provided, That the requirement to provide a list in this subsection does not apply to any 

‘‘quick release’’ of funds from the emergency relief program: Provided further, That no list shall involve funds that are not available 

for obligation. 

SEC. 186. Rebates, refunds, incentive payments, minor fees and 

other funds received by the Department of Transportation from 

travel management centers, charge card programs, the subleasing 

of building space, and miscellaneous sources are to be credited to 

appropriations of the Department of Transportation and allocated 

to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 

SEC. 187. Amounts made available in this or any other Act that 

the Secretary determines represent improper payments by the Department of Transportation to a third-party contractor under a financial assistance award, which are recovered pursuant to law, 

shall be available— 
1672

(1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and 

(2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation 

of the Improper Payments Information Act of 2002: Provided, That amounts in excess of that required for paragraphs (1) and 

(2)—

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and 

shall be available for the purposes and period for which 

such appropriations are available: Provided further, That 

where specific project or accounting information associated 

with the improper payment or payments is not readily 

available, the Secretary may credit an appropriate account, which shall be available for the purposes and period 

associated with the account so credited; or 

(B) if no such appropriation remains available, shall be 

deposited in the Treasury as miscellaneous receipts: Provided further, That prior to the transfer of any such recovery to an appropriations account, the Secretary shall notify 

the House and Senate Committees on Appropriations of 

the amount and reasons for such transfer: Provided further, That for purposes of this section, the term ‘‘improper 

payments’’ has the same meaning as that provided in section 2(d)(2) of Public Law 107–300. 

SEC. 188. Notwithstanding any other provision of law, if any 

funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and 

Senate Committees on Appropriations, transmission of said reprogramming notice shall be provided solely to the House and Senate Committees on Appropriations, and said reprogramming action 

shall be approved or denied solely by the House and Senate Committees on Appropriations: Provided, That the Secretary of Transportation may provide notice to other congressional committees of 

the action of the House and Senate Committees on Appropriations 

on such reprogramming but not sooner than 30 days following the 

date on which the reprogramming action has been approved or denied by the House and Senate Committees on Appropriations. 

SEC. 189. Funds appropriated in this Act to the modal administrations may be obligated for the Office of the Secretary for the 

costs related to assessments or reimbursable agreements only when 

such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable modal administration or administrations. 

SEC. 190. The Secretary of Transportation is authorized to carry 

out a program that establishes uniform standards for developing 

and supporting agency transit pass and transit benefits authorized 

under section 7905 of title 5, United States Code, including distribution of transit benefits by various paper and electronic media. 

SEC. 191. The Department of Transportation may use funds provided by this Act, or any other Act, to assist a contract under title 

49 U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any 

other hiring preference not otherwise authorized by law, or to 

amend a rule, regulation, policy or other measure that forbids a re-
1673

cipient of a Federal Highway Administration or Federal Transit 

Administration grant from imposing such hiring preference on a 

contract or construction project with which the Department of 

Transportation is assisting, only if the grant recipient certifies the 

following:

(1) that except with respect to apprentices or trainees, a pool 

of readily available but unemployed individuals possessing the 

knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; 

(2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not 

displace any of its existing employees in order to satisfy such 

hiring preference; and 

(3) that any increase in the cost of labor, training, or delays 

resulting from the use of such hiring preference does not delay 

or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation 

Improvement Program. 

SEC. 192. Section 5303(r)(2)(C) of title 49, United States Code, is 

amended—

(1) by inserting ‘‘and 25 square miles of land area’’ after 

‘‘145,000’’; and 

(2) by inserting ‘‘and 12 square miles of land area’’ after 

‘‘65,000’’.

This title may be cited as the ‘‘Department of Transportation Appropriations Act, 2017’’. 

TITLE II 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

MANAGEMENT AND ADMINISTRATION

EXECUTIVE OFFICES

For necessary salaries and expenses for Executive Offices, which 

shall be comprised of the offices of the Secretary, Deputy Secretary, 

Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $14,000,000: Provided, That not to exceed $25,000 of the 

amount made available under this heading shall be available to the 

Secretary for official reception and representation expenses as the 

Secretary may determine. 

ADMINISTRATIVE SUPPORT OFFICES

For necessary salaries and expenses for Administrative Support 

Offices, $517,647,000, of which $53,000,000 shall be available for 

the Office of the Chief Financial Officer; $95,250,000 shall be available for the Office of the General Counsel; $206,500,000 shall be 

available for the Office of Administration, and of which, no less 

than $4,500,000 shall be available for the cost of consolidation and 

reconfiguration of space in the Weaver Building in accordance with 

the space consolidation plan which would bring employees back 

into such Building and reduce the amount of leased space for such 
1674

employees outside of such Building; $40,250,000 shall be available 

for the Office of the Chief Human Capital Officer; $51,000,000 shall 

be available for the Office of Field Policy and Management; 

$18,067,000 shall be available for the Office of the Chief Procurement Officer; $3,830,000 shall be available for the Office of Departmental Equal Employment Opportunity; $4,500,000 shall be available for the Office of Strategic Planning and Management; and 

$45,250,000 shall be available for the Office of the Chief Information Officer: Provided, That funds provided under this heading may 

be used for necessary administrative and non-administrative expenses of the Department of Housing and Urban Development, not 

otherwise provided for, including purchase of uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109: 

Provided further, That notwithstanding any other provision of law, 

funds appropriated under this heading may be used for advertising 

and promotional activities that directly support program activities 

funded in this title: Provided further, That the Secretary shall provide the House and Senate Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided further, That the Secretary shall provide 

in electronic form all signed reports required by Congress. 

PROGRAM OFFICE SALARIES AND EXPENSES

PUBLIC AND INDIAN HOUSING

For necessary salaries and expenses of the Office of Public and 

Indian Housing, $216,000,000. 

COMMUNITY PLANNING AND DEVELOPMENT

For necessary salaries and expenses of the Office of Community 

Planning and Development, $110,000,000. 

HOUSING

For necessary salaries and expenses of the Office of Housing, 

$392,000,000.

POLICY DEVELOPMENT AND RESEARCH

For necessary salaries and expenses of the Office of Policy Development and Research, $24,000,000. 

FAIR HOUSING AND EQUAL OPPORTUNITY

For necessary salaries and expenses of the Office of Fair Housing 

and Equal Opportunity, $72,000,000. 

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

For necessary salaries and expenses of the Office of Lead Hazard 

Control and Healthy Homes, $9,353,000. 
1675

WORKING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

For the working capital fund for the Department of Housing and 

Urban Development (referred to in this paragraph as the ‘‘Fund’’), 

pursuant, in part, to section 7(f) of the Department of Housing and 

Urban Development Act (42 U.S.C. 3535(f)), amounts transferred to 

the Fund under this heading shall be available for Federal shared 

services used by offices and agencies of the Department, and for 

such portion of any office or agency’s printing, records management, space renovation, furniture, or supply services as the Secretary determines shall be derived from centralized sources made 

available by the Department to all offices and agencies and funded 

through the Fund: Provided, That of the amounts made available 

in this title for salaries and expenses under the headings ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, ‘‘Program Office 

Salaries and Expenses’’, and ‘‘Government National Mortgage Association’’, the Secretary shall transfer to the Fund such amounts, to 

remain available until expended, as are necessary to fund services, 

specified in the first proviso, for which the appropriation would otherwise have been available, and may transfer not to exceed an additional $10,000,000, in aggregate, from all such appropriations, to 

be merged with the Fund and to remain available until expended 

for use for any office or agency: Provided further, That amounts in 

the Fund shall be the only amounts available to each office or 

agency of the Department for the services, or portion of services, 

specified in the first proviso: Provided further, That with respect to 

the Fund, the authorities and conditions under this heading shall 

supplement the authorities and conditions provided under section 

7(f).

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of tenant-based 

rental assistance authorized under the United States Housing Act 

of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein), not 

otherwise provided for, $16,292,000,000, to remain available until 

expended, shall be available on October 1, 2016 (in addition to the 

$4,000,000,000 previously appropriated under this heading that 

shall be available on October 1, 2016), and $4,000,000,000, to remain available until expended, shall be available on October 1, 

2017: Provided, That the amounts made available under this heading are provided as follows: 

(1) $18,355,000,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of 

law authorizing such assistance under section 8(t) of the Act) 

and including renewal of other special purpose incremental 

vouchers: Provided, That notwithstanding any other provision 

of law, from amounts provided under this paragraph and any 

carryover, the Secretary for the calendar year 2017 funding 

cycle shall provide renewal funding for each public housing 
1676

agency based on validated voucher management system (VMS) 

leasing and cost data for the prior calendar year and by applying an inflation factor as established by the Secretary, by notice published in the Federal Register, and by making any necessary adjustments for the costs associated with the first-time 

renewal of vouchers under this paragraph including tenant 

protection, HOPE VI, and Choice Neighborhoods vouchers: Provided further, That none of the funds provided under this paragraph may be used to fund a total number of unit months 

under lease which exceeds a public housing agency’s authorized level of units under contract, except for public housing 

agencies participating in the MTW demonstration, which are 

instead governed by the terms and conditions of their MTW 

agreements: Provided further, That the Secretary shall, to the 

extent necessary to stay within the amount specified under 

this paragraph (except as otherwise modified under this paragraph), prorate each public housing agency’s allocation otherwise established pursuant to this paragraph: Provided further, That except as provided in the following provisos, the entire 

amount specified under this paragraph (except as otherwise 

modified under this paragraph) shall be obligated to the public 

housing agencies based on the allocation and pro rata method 

described above, and the Secretary shall notify public housing 

agencies of their annual budget by the latter of 60 days after 

enactment of this Act or March 1, 2017: Provided further, That 

the Secretary may extend the notification period with the prior 

written approval of the House and Senate Committees on Appropriations: Provided further, That public housing agencies 

participating in the MTW demonstration shall be funded pursuant to their MTW agreements and shall be subject to the 

same pro rata adjustments under the previous provisos: Provided further, That the Secretary may offset public housing 

agencies’ calendar year 2017 allocations based on the excess 

amounts of public housing agencies’ net restricted assets accounts, including HUD held programmatic reserves (in accordance with VMS data in calendar year 2016 that is verifiable 

and complete), as determined by the Secretary: Provided further, That public housing agencies participating in the MTW 

demonstration shall also be subject to the offset, as determined 

by the Secretary, excluding amounts subject to the single fund 

budget authority provisions of their MTW agreements, from 

the agencies’ calendar year 2017 MTW funding allocation: Provided further, That the Secretary shall use any offset referred 

to in the previous two provisos throughout the calendar year 

to prevent the termination of rental assistance for families as 

the result of insufficient funding, as determined by the Secretary, and to avoid or reduce the proration of renewal funding 

allocations: Provided further, That up to $75,000,000 shall be 

available only: (1) for adjustments in the allocations for public 

housing agencies, after application for an adjustment by a public housing agency that experienced a significant increase, as 

determined by the Secretary, in renewal costs of vouchers resulting from unforeseen circumstances or from portability 

under section 8(r) of the Act; (2) for vouchers that were not in 
1677

use during the previous 12-month period in order to be available to meet a commitment pursuant to section 8(o)(13) of the 

Act; (3) for adjustments for costs associated with HUD-Veterans Affairs Supportive Housing (HUD–VASH) vouchers; and 

(4) for public housing agencies that despite taking reasonable 

cost savings measures, as determined by the Secretary, would 

otherwise be required to terminate rental assistance for families as a result of insufficient funding: Provided further, That 

the Secretary shall allocate amounts under the previous proviso based on need, as determined by the Secretary; (2) $110,000,000 shall be for section 8 rental assistance for 

relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, the 

family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime 

in public and assisted housing pursuant to a request from a 

law enforcement or prosecution agency, enhanced vouchers 

under any provision of law authorizing such assistance under 

section 8(t) of the Act, HOPE VI and Choice Neighborhood 

vouchers, mandatory and voluntary conversions, and tenant 

protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 

202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569, as amended, or under 

the authority as provided under this Act: Provided, That when 

a public housing development is submitted for demolition or 

disposition under section 18 of the Act, the Secretary may provide section 8 rental assistance when the units pose an imminent health and safety risk to residents: Provided further, That 

the Secretary may only provide replacement vouchers for units 

that were occupied within the previous 24 months that cease 

to be available as assisted housing, subject only to the availability of funds: Provided further, That of the amounts made 

available under this paragraph, $5,000,000 may be available to 

provide tenant protection assistance, not otherwise provided 

under this paragraph, to residents residing in low vacancy 

areas and who may have to pay rents greater than 30 percent 

of household income, as the result of: (A) the maturity of a 

HUD-insured, HUD-held or section 202 loan that requires the 

permission of the Secretary prior to loan prepayment; (B) the 

expiration of a rental assistance contract for which the tenants 

are not eligible for enhanced voucher or tenant protection assistance under existing law; or (C) the expiration of affordability restrictions accompanying a mortgage or preservation 

program administered by the Secretary: Provided further, That 

such tenant protection assistance made available under the 

previous proviso may be provided under the authority of section 8(t) or section 8(o)(13) of the United States Housing Act 

of 1937 (42 U.S.C. 1437f(t)): Provided further, That any tenant 

protection voucher made available from amounts under this 

paragraph shall not be reissued by any public housing agency, 

except the replacement vouchers as defined by the Secretary by 
1678

notice, when the initial family that received any such voucher 

no longer receives such voucher, and the authority for any public housing agency to issue any such voucher shall cease to 

exist: Provided further, That the Secretary may provide section 

8 rental assistance from amounts made available under this 

paragraph for units assisted under a project-based subsidy contract funded under the ‘‘Project-Based Rental Assistance’’ heading under this title where the owner has received a Notice of 

Default and the units pose an imminent health and safety risk 

to residents: Provided further, That to the extent that the Secretary determines that such units are not feasible for continued rental assistance payments or transfer of the subsidy contract associated with such units to another project or projects 

and owner or owners, any remaining amounts associated with 

such units under such contract shall be recaptured and used 

to reimburse amounts used under this paragraph for rental assistance under the preceding proviso; (3) $1,650,000,000 shall be for administrative and other expenses of public housing agencies in administering the section 

8 tenant-based rental assistance program, of which up to 

$10,000,000 shall be available to the Secretary to allocate to 

public housing agencies that need additional funds to administer their section 8 programs, including fees associated with 

section 8 tenant protection rental assistance, the administration of disaster related vouchers, Veterans Affairs Supportive 

Housing vouchers, and other special purpose incremental 

vouchers: Provided, That no less than $1,640,000,000 of the 

amount provided in this paragraph shall be allocated to public 

housing agencies for the calendar year 2017 funding cycle 

based on section 8(q) of the Act (and related Appropriation Act 

provisions) as in effect immediately before the enactment of the 

Quality Housing and Work Responsibility Act of 1998 (Public 

Law 105–276): Provided further, That if the amounts made 

available under this paragraph are insufficient to pay the 

amounts determined under the previous proviso, the Secretary 

may decrease the amounts allocated to agencies by a uniform 

percentage applicable to all agencies receiving funding under 

this paragraph or may, to the extent necessary to provide full 

payment of amounts determined under the previous proviso, 

utilize unobligated balances, including recaptures and 

carryovers, remaining from funds appropriated to the Department of Housing and Urban Development under this heading 

from prior fiscal years, excluding special purpose vouchers, notwithstanding the purposes for which such amounts were appropriated: Provided further, That all public housing agencies participating in the MTW demonstration shall be funded pursuant 

to their MTW agreements, and shall be subject to the same 

uniform percentage decrease as under the previous proviso: 

Provided further, That amounts provided under this paragraph 

shall be only for activities related to the provision of tenantbased rental assistance authorized under section 8, including 

related development activities; (4) $120,000,000 for the renewal of tenant-based assistance 

contracts under section 811 of the Cranston-Gonzalez National 
1679

Affordable Housing Act (42 U.S.C. 8013), including necessary 

administrative expenses: Provided, That administrative and 

other expenses of public housing agencies in administering the 

special purpose vouchers in this paragraph shall be funded 

under the same terms and be subject to the same pro rata reduction as the percent decrease for administrative and other 

expenses to public housing agencies under paragraph (3) of 

this heading: Provided further, That any amounts provided 

under this paragraph in this Act or prior Acts, remaining 

available after funding renewals and administrative expenses 

under this paragraph, shall be available for incremental tenant-based assistance contracts under such section 811, including necessary administrative expenses; (5) $7,000,000 shall be for rental assistance and associated 

administrative fees for Tribal HUD–VA Supportive Housing to 

serve Native American veterans that are homeless or at-risk of 

homelessness living on or near a reservation or other Indian 

areas: Provided, That such amount shall be made available for 

renewal grants to the recipients that received assistance under 

the rental assistance and supportive housing demonstration 

program for Native American veterans authorized under the 

heading ‘‘Tenant-Based Rental Assistance’’ in title II of division 

K of the Consolidated and Further Continuing Appropriations 

Act, 2015 (Public Law 113–235, 128 Stat. 2733): Provided further, That the Secretary shall be authorized to specify criteria 

for renewal grants, including data on the utilization of assistance reported by grant recipients under the demonstration program: Provided further, That any amounts remaining after 

such renewal assistance is awarded may be available for new 

grants to recipients eligible to receive block grants under the 

Native American Housing Assistance and Self-Determination 

Act of 1996 (25 U.S.C. section 4101 et seq.) for rental assistance and associated administrative fees for Tribal HUD–VA 

Supportive Housing to serve Native American veterans that 

are homeless or at-risk of homelessness living on or near a reservation or other Indian areas: Provided further, That funds 

shall be awarded based on need, and administrative capacity 

established by the Secretary in a Notice published in the Federal Register after coordination with the Secretary of the Department of Veterans Affairs: Provided further, That renewal 

grants and new grants under this paragraph shall be administered by block grant recipients in accordance with program requirements under the Native American Housing Assistance 

and Self-Determination Act of 1996: Provided further, That assistance under this paragraph shall be modeled after, with necessary and appropriate adjustments for Native American grant 

recipients and veterans, the rental assistance and supportive 

housing program known as HUD–VASH program, including 

administration in conjunction with the Department of Veterans 

Affairs and overall implementation of section 8(o)(19) of the 

United States Housing Act of 1937: Provided further, That the 

Secretary of Housing and Urban Development may waive, or 

specify alternative requirements for any provision of any statute or regulation that the Secretary of Housing and Urban De-
1680

velopment administers in connection with the use of funds 

made available under this paragraph (except for requirements 

related to fair housing, nondiscrimination, labor standards, 

and the environment), upon a finding by the Secretary that 

any such waivers or alternative requirements are necessary for 

the effective delivery and administration of such assistance: 

Provided further, That grant recipients shall report to the Secretary on utilization of such rental assistance and other program data, as prescribed by the Secretary; 

(6) $40,000,000 for incremental rental voucher assistance for 

use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 

1937: Provided, That the Secretary of Housing and Urban Development shall make such funding available, notwithstanding 

section 204 (competition provision) of this title, to public housing agencies that partner with eligible VA Medical Centers or 

other entities as designated by the Secretary of the Department of Veterans Affairs, based on geographical need for such 

assistance as identified by the Secretary of the Department of 

Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of 

Housing and Urban Development in consultation with the Secretary of the Department of Veterans Affairs: Provided further,

That the Secretary of Housing and Urban Development may 

waive, or specify alternative requirements for (in consultation 

with the Secretary of the Department of Veterans Affairs), any 

provision of any statute or regulation that the Secretary of 

Housing and Urban Development administers in connection 

with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by 

the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to remain available for homeless veterans upon turn-over; 

(7) $10,000,000 shall be made available for new incremental 

voucher assistance through the family unification program as 

authorized by section 8(x) of the Act: Provided, That the assistance made available under this paragraph shall continue to remain available for family unification upon turnover: Provided

further, That for any public housing agency administering 

voucher assistance appropriated in a prior Act under the family unification program that determines that it no longer has 

an identified need for such assistance upon turnover, such 

agency shall notify the Secretary, and the Secretary shall recapture such assistance from the agency and reallocate it to 

any other public housing agency or agencies based on need for 

voucher assistance in connection with such program; and 

(8) the Secretary shall separately track all special purpose 

vouchers funded under this heading. 
1681

HOUSING CERTIFICATE FUND

(INCLUDING RESCISSIONS)

Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing 

and Urban Development under this heading, the heading ‘‘Annual 

Contributions for Assisted Housing’’ and the heading ‘‘ProjectBased Rental Assistance’’, for fiscal year 2017 and prior years may 

be used for renewal of or amendments to section 8 project-based 

contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated: 

Provided, That any obligated balances of contract authority from 

fiscal year 1974 and prior that have been terminated shall be rescinded: Provided further, That amounts heretofore recaptured, or 

recaptured during the current fiscal year, from section 8 projectbased contracts from source years fiscal year 1975 through fiscal 

year 1987 are hereby rescinded, and an amount of additional new 

budget authority, equivalent to the amount rescinded is hereby appropriated, to remain available until expended, for the purposes set 

forth under this heading, in addition to amounts otherwise available.

PUBLIC HOUSING CAPITAL FUND

For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937 

(42 U.S.C. 1437g) (the ‘‘Act’’) $1,941,500,000, to remain available 

until September 30, 2020: Provided, That notwithstanding any 

other provision of law or regulation, during fiscal year 2017, the 

Secretary of Housing and Urban Development may not delegate to 

any Department official other than the Deputy Secretary and the 

Assistant Secretary for Public and Indian Housing any authority 

under paragraph (2) of section 9(j) regarding the extension of the 

time periods under such section: Provided further, That for purposes of such section 9(j), the term ‘‘obligate’’ means, with respect 

to amounts, that the amounts are subject to a binding agreement 

that will result in outlays, immediately or in the future: Provided

further, That up to $10,000,000 shall be to support ongoing public 

housing financial and physical assessment activities: Provided further, That up to $1,000,000 shall be to support the costs of administrative and judicial receiverships: Provided further, That of the 

total amount provided under this heading, not to exceed 

$21,500,000 shall be available for the Secretary to make grants, 

notwithstanding section 204 of this Act, to public housing agencies 

for emergency capital needs including safety and security measures 

necessary to address crime and drug-related activity as well as 

needs resulting from unforeseen or unpreventable emergencies and 

natural disasters excluding Presidentially declared emergencies 

and natural disasters under the Robert T. Stafford Disaster Relief 

and Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 

2017: Provided further, That of the amount made available under 

the previous proviso, not less than $5,000,000 shall be for safety 

and security measures: Provided further, That in addition to the 
1682

amount in the previous proviso for such safety and security measures, any amounts that remain available, after all applications received on or before September 30, 2018, for emergency capital 

needs have been processed, shall be allocated to public housing 

agencies for such safety and security measures: Provided further, That of the total amount provided under this heading $35,000,000 

shall be for supportive services, service coordinator and congregate 

services as authorized by section 34 of the Act (42 U.S.C. 1437z– 

6) and the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided further, That of the total amount made available under this heading, 

$15,000,000 shall be for a Jobs-Plus initiative modeled after the 

Jobs-Plus demonstration: Provided further, That the funding provided under the previous proviso shall provide competitive grants 

to partnerships between public housing authorities, local workforce 

investment boards established under section 117 of the Workforce 

Investment Act of 1998, and other agencies and organizations that 

provide support to help public housing residents obtain employment and increase earnings: Provided further, That applicants 

must demonstrate the ability to provide services to residents, partner with workforce investment boards, and leverage service dollars: 

Provided further, That the Secretary may allow public housing 

agencies to request exemptions from rent and income limitation requirements under sections 3 and 6 of the United States Housing 

Act of 1937 as necessary to implement the Jobs-Plus program, on 

such terms and conditions as the Secretary may approve upon a 

finding by the Secretary that any such waivers or alternative requirements are necessary for the effective implementation of the 

Jobs-Plus initiative as a voluntary program for residents: Provided

further, That the Secretary shall publish by notice in the Federal 

Register any waivers or alternative requirements pursuant to the 

preceding proviso no later than 10 days before the effective date of 

such notice: Provided further, That for funds provided under this 

heading, the limitation in section 9(g)(1) of the Act shall be 25 percent: Provided further, That the Secretary may waive the limitation 

in the previous proviso to allow public housing agencies to fund activities authorized under section 9(e)(1)(C) of the Act: Provided further, That the Secretary shall notify public housing agencies requesting waivers under the previous proviso if the request is approved or denied within 14 days of submitting the request: Provided further, That from the funds made available under this heading, the Secretary shall provide bonus awards in fiscal year 2017 

to public housing agencies that are designated high performers: 

Provided further, That the Department shall notify public housing 

agencies of their formula allocation within 60 days of enactment of 

this Act: Provided further, That of the total amount provided under 

this heading, $25,000,000 shall be available for competitive grants 

to public housing agencies to evaluate and reduce lead-based paint 

hazards in public housing by carrying out the activities of risk assessments, abatement, and interim controls (as those terms are defined in section 1004 of the Residential Lead-Based Paint Hazard 

Reduction Act of 1992 (42 U.S.C. 4851b)): Provided further, That 

for purposes of environmental review, a grant under the previous 

proviso shall be considered funds for projects or activities under 
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title I of the United States Housing Act of 1937 (42 U.S.C. 1437 

et seq.) for purposes of section 26 of such Act (42 U.S.C. 1437x) and 

shall be subject to the regulations implementing such section. 

PUBLIC HOUSING OPERATING FUND

For 2017 payments to public housing agencies for the operation 

and management of public housing, as authorized by section 9(e) 

of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)), 

$4,400,000,000, to remain available until September 30, 2018. 

CHOICE NEIGHBORHOODS INITIATIVE

For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 

(42 U.S.C. 1437v), unless otherwise specified under this heading), 

for transformation, rehabilitation, and replacement housing needs 

of both public and HUD-assisted housing and to transform neighborhoods of poverty into functioning, sustainable mixed income 

neighborhoods with appropriate services, schools, public assets, 

transportation and access to jobs, $137,500,000, to remain available 

until September 30, 2019: Provided, That grant funds may be used 

for resident and community services, community development, and 

affordable housing needs in the community, and for conversion of 

vacant or foreclosed properties to affordable housing: Provided further, That the use of funds made available under this heading shall 

not be deemed to be public housing notwithstanding section 3(b)(1) 

of such Act: Provided further, That grantees shall commit to an additional period of affordability determined by the Secretary of not 

fewer than 20 years: Provided further, That grantees shall provide 

a match in State, local, other Federal or private funds: Provided

further, That grantees may include local governments, tribal entities, public housing authorities, and nonprofits: Provided further, 

That for-profit developers may apply jointly with a public entity: 

Provided further, That for purposes of environmental review, a 

grantee shall be treated as a public housing agency under section 

26 of the United States Housing Act of 1937 (42 U.S.C. 1437x), and 

grants under this heading shall be subject to the regulations issued 

by the Secretary to implement such section: Provided further, That

of the amount provided, not less than $50,000,000 shall be awarded 

to public housing agencies: Provided further, That such grantees 

shall create partnerships with other local organizations including 

assisted housing owners, service agencies, and resident organizations: Provided further, That the Secretary shall consult with the 

Secretaries of Education, Labor, Transportation, Health and 

Human Services, Agriculture, and Commerce, the Attorney General, and the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Federal resources: 

Provided further, That no more than $5,000,000 of funds made 

available under this heading may be provided as grants to undertake comprehensive local planning with input from residents and 

the community: Provided further, That unobligated balances, including recaptures, remaining from funds appropriated under the 

heading ‘‘Revitalization of Severely Distressed Public Housing 

(HOPE VI)’’ in fiscal year 2011 and prior fiscal years may be used 
1684

for purposes under this heading, notwithstanding the purposes for 

which such amounts were appropriated. 

FAMILY SELF-SUFFICIENCY

For the Family Self-Sufficiency program to support family selfsufficiency coordinators under section 23 of the United States 

Housing Act of 1937, to promote the development of local strategies 

to coordinate the use of assistance under sections 8(o) and 9 of such 

Act with public and private resources, and enable eligible families 

to achieve economic independence and self-sufficiency, $75,000,000, 

to remain available until September 30, 2018: Provided, That the 

Secretary may, by Federal Register notice, waive or specify alternative requirements under sections b(3), b(4), b(5), or c(1) of section 

23 of such Act in order to facilitate the operation of a unified selfsufficiency program for individuals receiving assistance under different provisions of the Act, as determined by the Secretary: Provided further, That owners of a privately owned multifamily property with a section 8 contract may voluntarily make a Family SelfSufficiency program available to the assisted tenants of such property in accordance with procedures established by the Secretary: 

Provided further, That such procedures established pursuant to the 

previous proviso shall permit participating tenants to accrue escrow funds in accordance with section 23(d)(2) and shall allow owners to use funding from residual receipt accounts to hire coordinators for their own Family Self-Sufficiency program. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

For the Native American Housing Block Grants program, as authorized under title I of the Native American Housing Assistance 

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et 

seq.), $654,000,000, to remain available until September 30, 2021: 

Provided, That, notwithstanding the Native American Housing Assistance and Self-Determination Act of 1996, to determine the 

amount of the allocation under title I of such Act for each Indian 

tribe, the Secretary shall apply the formula under section 302 of 

such Act with the need component based on single-race census data 

and with the need component based on multi-race census data, and 

the amount of the allocation for each Indian tribe shall be the 

greater of the two resulting allocation amounts: Provided further,

That of the amounts made available under this heading, $3,500,000 

shall be contracted for assistance for national or regional organizations representing Native American housing interests for providing 

training and technical assistance to Indian housing authorities and 

tribally designated housing entities as authorized under 

NAHASDA: Provided further, That of the funds made available 

under the previous proviso, not less than $2,000,000 shall be made 

available for a national organization as authorized under section 

703 of NAHASDA (25 U.S.C. 4212): Provided further, That of the 

amounts made available under this heading, $3,500,000 shall be to 

support the inspection of Indian housing units, contract expertise, 

training, and technical assistance related to funding provided 

under this heading and other headings under this Act for the needs 

of Native American families and Indian country: Provided further,
1685

That of the amount provided under this heading, $2,000,000 shall 

be made available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided further, That such costs, including the costs of modifying such notes and 

other obligations, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That 

these funds are available to subsidize the total principal amount of 

any notes and other obligations, any part of which is to be guaranteed, not to exceed $17,857,142: Provided further, That the Department will notify grantees of their formula allocation within 60 days 

of the date of enactment of this Act: Provided further, That notwithstanding section 302(d) of NAHASDA, if on the date of enactment of this Act, a recipient’s total amount of undisbursed block 

grant funds in the Department’s line of credit control system is 

greater than the sum of its prior 3 years’ initial formula allocation 

calculations, the Secretary shall adjust that recipient’s formula allocation that it would otherwise receive down by the difference between its total amount of undisbursed block grant funds in the Department’s line of credit control system on the date of enactment 

of this Act, and the sum of its prior 3 years’ initial formula allocation calculations: Provided further, That grant amounts not allocated to a recipient pursuant to the previous proviso shall be allocated under the need component of the formula proportionately 

among all other Indian tribes not subject to an adjustment under 

such proviso: Provided further, That the second proviso shall not 

apply to any Indian tribe that would otherwise receive a formula 

allocation of less than $5,000,000: Provided further, That to take effect, the three previous provisos do not require issuance or amendment of any regulation, shall not be subject to a formula challenge 

by an Indian tribe, and shall not be construed to confer hearing 

rights under any section of NAHASDA or its implementing regulations.

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by section 184 of 

the Housing and Community Development Act of 1992 (12 U.S.C. 

1715z–13a), $5,500,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, 

shall be as defined in section 502 of the Congressional Budget Act 

of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, 

up to $1,341,463,415, to remain available until expended: Provided

further, That up to $750,000 of this amount may be for administrative contract expenses including management processes and systems to carry out the loan guarantee program: Provided further,

That an additional $1,727,000 shall be available until expended for 

such costs of guaranteed loans authorized under such section 184 

issued to tribes and Indian housing authorities for the construction 

of rental housing for law enforcement, healthcare, educational, 

technical and other skilled workers: Provided further, That the 

funds specified in the previous proviso are available to subsidize 

total loan principal, any part of which is to be guaranteed, up to 

$421,219,512 to remain available until expended: Provided further,

That the Secretary may specify any additional program require-
1686

ments with respect to the previous two provisos through publication of a Mortgagee Letter or Notice. 

NATIVE HAWAIIAN HOUSING BLOCK GRANT

For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), 

$2,000,000, to remain available until September 30, 2021. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with 

AIDS program, as authorized by the AIDS Housing Opportunity 

Act (42 U.S.C. 12901 et seq.), $356,000,000, to remain available 

until September 30, 2018, except that amounts allocated pursuant 

to section 854(c)(5) of such Act shall remain available until September 30, 2019: Provided, That the Secretary shall renew all expiring contracts for permanent supportive housing that initially 

were funded under section 854(c)(5) of such Act from funds made 

available under this heading in fiscal year 2010 and prior fiscal 

years that meet all program requirements before awarding funds 

for new contracts under such section: Provided further, That the 

Department shall notify grantees of their formula allocation within 

60 days of enactment of this Act. 

COMMUNITY DEVELOPMENT FUND

For assistance to units of State and local government, and to 

other entities, for economic and community development activities, 

and for other purposes, $3,060,000,000, to remain available until 

September 30, 2019, unless otherwise specified: Provided, That of 

the total amount provided, $3,000,000,000 is for carrying out the 

community development block grant program under title I of the 

Housing and Community Development Act of 1974, as amended 

(‘‘the Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That 

unless explicitly provided for under this heading, not to exceed 20 

percent of any grant made with funds appropriated under this 

heading shall be expended for planning and management development and administration: Provided further, That a metropolitan 

city, urban county, unit of general local government, or Indian 

tribe, or insular area that directly or indirectly receives funds 

under this heading may not sell, trade, or otherwise transfer all or 

any portion of such funds to another such entity in exchange for 

any other funds, credits or non-Federal considerations, but must 

use such funds for activities eligible under title I of the Act: Provided further, That notwithstanding section 105(e)(1) of the Act, no 

funds provided under this heading may be provided to a for-profit 

entity for an economic development project under section 105(a)(17) 

unless such project has been evaluated and selected in accordance 

with guidelines required under subparagraph (e)(2): Provided further, That the Department shall notify grantees of their formula allocation within 60 days of enactment of this Act: Provided further, That of the total amount provided under this heading $60,000,000 
1687

shall be for grants to Indian tribes notwithstanding section 

106(a)(1) of such Act, of which, notwithstanding any other provision 

of law (including section 204 of this Act), up to $4,000,000 may be 

used for emergencies that constitute imminent threats to health 

and safety. 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

Subject to section 502 of the Congressional Budget Act of 1974, 

during fiscal year 2017, commitments to guarantee loans under 

section 108 of the Housing and Community Development Act of 

1974 (42 U.S.C. 5308), any part of which is guaranteed, shall not 

exceed a total principal amount of $300,000,000, notwithstanding 

any aggregate limitation on outstanding obligations guaranteed in 

subsection (k) of such section 108: Provided, That the Secretary 

shall collect fees from borrowers, notwithstanding subsection (m) of 

such section 108, to result in a credit subsidy cost of zero for guaranteeing such loans, and any such fees shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

For the HOME Investment Partnerships program, as authorized 

under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, $950,000,000, to remain available until September 30, 2020: Provided, That notwithstanding the amount made 

available under this heading, the threshold reduction requirements 

in sections 216(10) and 217(b)(4) of such Act shall not apply to allocations of such amount: Provided further, That the requirements 

under provisos 2 through 6 under this heading for fiscal year 2012 

and such requirements applicable pursuant to the ‘‘Full-Year Continuing Appropriations Act, 2013’’, shall not apply to any project to 

which funds were committed on or after August 23, 2013, but such 

projects shall instead be governed by the Final Rule titled ‘‘Home 

Investment Partnerships Program; Improving Performance and Accountability; Updating Property Standards’’ which became effective 

on such date: Provided further, That the Department shall notify 

grantees of their formula allocation within 60 days of enactment of 

this Act. 

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity 

Program Extension Act of 1996, as amended, $50,000,000, to remain available until September 30, 2019: Provided, That of the 

total amount provided under this heading, $10,000,000 shall be 

made available to the Self-Help and Assisted Homeownership Opportunity Program as authorized under section 11 of the Housing 

Opportunity Program Extension Act of 1996, as amended: Provided

further, That of the total amount provided under this heading, 

$35,000,000 shall be made available for the second, third, and 

fourth capacity building activities authorized under section 4(a) of 

the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of 

which not less than $5,000,000 shall be made available for rural 

capacity building activities: Provided further, That of the total 
1688

amount provided under this heading, $5,000,000 shall be made 

available for capacity building by national rural housing organizations with experience assessing national rural conditions and providing financing, training, technical assistance, information, and 

research to local nonprofits, local governments and Indian Tribes 

serving high need rural communities: Provided further, That an additional $4,000,000, to remain available until expended, shall be for 

a program to rehabilitate and modify homes of disabled or low-income veterans as authorized under section 1079 of Public Law 113– 

291.

HOMELESS ASSISTANCE GRANTS

For the Emergency Solutions Grants program as authorized 

under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the Continuum of Care program as authorized under subtitle C of title IV of such Act; and the Rural 

Housing Stability Assistance program as authorized under subtitle 

D of title IV of such Act, $2,383,000,000, to remain available until 

September 30, 2019: Provided, That any rental assistance amounts 

that are recaptured under such Continuum of Care program shall 

remain available until expended: Provided further, That not less 

than $310,000,000 of the funds appropriated under this heading 

shall be available for such Emergency Solutions Grants program, 

of which, $40,000,000 shall be made available, as determined by 

the Secretary, for grants for rapid re-housing or other critical activities in order to assist communities that lost significant capacity 

after January 1, 2016 to serve persons experiencing homelessness: 

Provided further, That not less than $2,018,000,000 of the funds 

appropriated under this heading shall be available for such Continuum of Care and Rural Housing Stability Assistance programs: 

Provided further, That up to $12,000,000 of the funds appropriated 

under this heading shall be available for the national homeless 

data analysis project: Provided further, That all funds awarded for 

supportive services under the Continuum of Care program and the 

Rural Housing Stability Assistance program shall be matched by 

not less than 25 percent in cash or in kind by each grantee: Provided further, That for all match requirements applicable to funds 

made available under this heading for this fiscal year and prior 

years, a grantee may use (or could have used) as a source of match 

funds other funds administered by the Secretary and other Federal 

agencies unless there is (or was) a specific statutory prohibition on 

any such use of any such funds: Provided further, That the Secretary shall collect system performance measures for each continuum of care, and that relative to fiscal year 2015, under the 

Continuum of Care competition with respect to funds made available under this heading, the Secretary shall base an increasing 

share of the score on performance criteria: Provided further, That 

none of the funds provided under this heading shall be available 

to provide funding for new projects, except for projects created 

through reallocation, unless the Secretary determines that the continuum of care has demonstrated that projects are evaluated and 

ranked based on the degree to which they improve the continuum 

of care’s system performance: Provided further, That the Secretary 

shall prioritize funding under the Continuum of Care program to 
1689

continuums of care that have demonstrated a capacity to reallocate 

funding from lower performing projects to higher performing 

projects: Provided further, That all awards of assistance under this 

heading shall be required to coordinate and integrate homeless programs with other mainstream health, social services, and employment programs for which homeless populations may be eligible: 

Provided further, That any unobligated amounts remaining from 

funds appropriated under this heading in fiscal year 2012 and prior 

years for project-based rental assistance for rehabilitation projects 

with 10-year grant terms may be used for purposes under this 

heading, notwithstanding the purposes for which such funds were 

appropriated: Provided further, That all balances for Shelter Plus 

Care renewals previously funded from the Shelter Plus Care Renewal account and transferred to this account shall be available, if 

recaptured, for Continuum of Care renewals in fiscal year 2017: 

Provided further, That the Department shall notify grantees of 

their formula allocation from amounts allocated (which may represent initial or final amounts allocated) for the Emergency Solutions Grant program within 60 days of enactment of this Act: Provided further, That up to $43,000,000 of the funds appropriated 

under this heading shall be to implement projects to demonstrate 

how a comprehensive approach to serving homeless youth, age 24 

and under, in up to 11 communities, including at least five rural 

communities, can dramatically reduce youth homelessness: Provided further, That such projects shall be eligible for renewal under 

the continuum of care program subject to the same terms and conditions as other renewal applicants: Provided further, That youth 

aged 24 and under seeking assistance under this heading shall not 

be required to provide third party documentation to establish their 

eligibility under 42 U.S.C. 11302(a) or (b) to receive services: Provided further, That unaccompanied youth aged 24 and under or 

families headed by youth aged 24 and under who are living in unsafe situations may be served by youth-serving providers funded 

under this heading. 

HOUSING PROGRAMS

PROJECT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of project-based 

subsidy contracts under the United States Housing Act of 1937 (42 

U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for, 

$10,416,000,000, to remain available until expended, shall be available on October 1, 2016 (in addition to the $400,000,000 previously 

appropriated under this heading that became available October 1, 

2016), and $400,000,000, to remain available until expended, shall 

be available on October 1, 2017: Provided, That the amounts made 

available under this heading shall be available for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section 8 moderate 

rehabilitation contracts), for contracts entered into pursuant to section 441 of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11401), for renewal of section 8 contracts for units in 

projects that are subject to approved plans of action under the 
1690

Emergency Low Income Housing Preservation Act of 1987 or the 

Low-Income Housing Preservation and Resident Homeownership 

Act of 1990, and for administrative and other expenses associated 

with project-based activities and assistance funded under this paragraph: Provided further, That of the total amounts provided under this heading, not to exceed $235,000,000 shall be available for performance-based contract administrators for section 8 project-based 

assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That the Secretary of Housing and Urban Development may also 

use such amounts in the previous proviso for performance-based 

contract administrators for the administration of: interest reduction payments pursuant to section 236(a) of the National Housing 

Act (12 U.S.C. 1715z–1(a)); rent supplement payments pursuant to 

section 101 of the Housing and Urban Development Act of 1965 (12 

U.S.C. 1701s); section 236(f)(2) rental assistance payments (12 

U.S.C. 1715z–1(f)(2)); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 

1701q); project rental assistance contracts for supportive housing 

for persons with disabilities under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 

8013(d)(2)); project assistance contracts pursuant to section 202(h) 

of the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667); and 

loans under section 202 of the Housing Act of 1959 (Public Law 86– 

372; 73 Stat. 667): Provided further, That amounts recaptured 

under this heading, the heading ‘‘Annual Contributions for Assisted 

Housing’’, or the heading ‘‘Housing Certificate Fund’’, may be used 

for renewals of or amendments to section 8 project-based contracts 

or for performance-based contract administrators, notwithstanding 

the purposes for which such amounts were appropriated: Provided

further, That, notwithstanding any other provision of law, upon the 

request of the Secretary of Housing and Urban Development, 

project funds that are held in residual receipts accounts for any 

project subject to a section 8 project-based Housing Assistance Payments contract that authorizes HUD or a Housing Finance Agency 

to require that surplus project funds be deposited in an interestbearing residual receipts account and that are in excess of an 

amount to be determined by the Secretary, shall be remitted to the 

Department and deposited in this account, to be available until expended: Provided further, That amounts deposited pursuant to the 

previous proviso shall be available in addition to the amount otherwise provided by this heading for uses authorized under this heading.

HOUSING FOR THE ELDERLY

For capital advances, including amendments to capital advance 

contracts, for housing for the elderly, as authorized by section 202 

of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for 

senior preservation rental assistance contracts, including renewals, 

as authorized by section 811(e) of the American Housing and Economic Opportunity Act of 2000, as amended, and for supportive 

services associated with the housing, $502,400,000 to remain avail-
1691

able until September 30, 2020, of which $10,000,000 shall be for 

capital advance and project-based rental assistance awards or for 

incremental senior preservation rental assistance contracts: Provided, That amounts for project rental assistance contracts are to 

remain available for the liquidation of valid obligations for 10 years 

following the date of such obligation: Provided further, That of the 

amount provided under this heading, up to $75,000,000 shall be for 

service coordinators and the continuation of existing congregate 

service grants for residents of assisted housing projects: Provided

further, That amounts under this heading shall be available for 

Real Estate Assessment Center inspections and inspection-related 

activities associated with section 202 projects: Provided further, That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except 

that the initial contract term for such assistance shall not exceed 

5 years in duration: Provided further, That upon request of the Secretary of Housing and Urban Development, project funds that are 

held in residual receipts accounts for any project subject to a section 202 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and 

deposited in this account, to be available until September 30, 2020: 

Provided further, That amounts deposited in this account pursuant 

to the previous proviso shall be available, in addition to the 

amounts otherwise provided by this heading, for amendments and 

renewals: Provided further, That unobligated balances, including 

recaptures and carryover, remaining from funds transferred to or 

appropriated under this heading shall be available for amendments 

and renewals notwithstanding the purposes for which such funds 

originally were appropriated. 

HOUSING FOR PERSONS WITH DISABILITIES

For amendments to capital advance contracts for supportive 

housing for persons with disabilities, as authorized by section 811 

of the Cranston-Gonzalez National Affordable Housing Act (42 

U.S.C. 8013), for project rental assistance for supportive housing 

for persons with disabilities under section 811(d)(2) of such Act and 

for project assistance contracts pursuant to section 202(h) of the 

Housing Act of 1959 (Public Law 86–372; 73 Stat. 667), including 

amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, for project 

rental assistance to State housing finance agencies and other appropriate entities as authorized under section 811(b)(3) of the 

Cranston-Gonzalez National Housing Act, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, $146,200,000, to remain 

available until September 30, 2020: Provided, That amounts made 

available under this heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 811 projects: Provided further, That, in this fiscal year, upon the request of the Secretary of Housing and Urban 

Development, project funds that are held in residual receipts accounts for any project subject to a section 811 project rental assistance contract and that upon termination of such contract are in ex-
1692

cess of an amount to be determined by the Secretary shall be remitted to the Department and deposited in this account, to be 

available until September 30, 2020: Provided further, That 

amounts deposited in this account pursuant to the previous proviso 

shall be available in addition to the amounts otherwise provided by 

this heading for amendments and renewals: Provided further, That 

unobligated balances, including recaptures and carryover, remaining from funds transferred to or appropriated under this heading 

shall be used for amendments and renewals notwithstanding the 

purposes for which such funds originally were appropriated. 

HOUSING COUNSELING ASSISTANCE

For contracts, grants, and other assistance excluding loans, as 

authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $55,000,000, to remain available 

until September 30, 2018, including up to $4,500,000 for administrative contract services: Provided, That grants made available 

from amounts provided under this heading shall be awarded within 

180 days of enactment of this Act: Provided further, That funds 

shall be used for providing counseling and advice to tenants and 

homeowners, both current and prospective, with respect to property 

maintenance, financial management/literacy, and such other matters as may be appropriate to assist them in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership; for program administration; and for housing counselor training: Provided further, That 

for purposes of providing such grants from amounts provided under 

this heading, the Secretary may enter into multiyear agreements 

as appropriate, subject to the availability of annual appropriations. 

RENTAL HOUSING ASSISTANCE

For amendments to contracts under section 101 of the Housing 

and Urban Development Act of 1965 (12 U.S.C. 1701s) and section 

236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in Stateaided, noninsured rental housing projects, $20,000,000, to remain 

available until expended: Provided, That such amount, together 

with unobligated balances from recaptured amounts appropriated 

prior to fiscal year 2006 from terminated contracts under such sections of law, and any unobligated balances, including recaptures 

and carryover, remaining from funds appropriated under this heading after fiscal year 2005, shall also be available for extensions of 

up to one year for expiring contracts under such sections of law. 

PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 

U.S.C. 5401 et seq.), up to $10,500,000, to remain available until 

expended, of which $10,500,000 is to be derived from the Manufactured Housing Fees Trust Fund: Provided, That not to exceed the 

total amount appropriated under this heading shall be available 

from the general fund of the Treasury to the extent necessary to 

incur obligations and make expenditures pending the receipt of collections to the Fund pursuant to section 620 of such Act: Provided
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further, That the amount made available under this heading from 

the general fund shall be reduced as such collections are received 

during fiscal year 2017 so as to result in a final fiscal year 2017 

appropriation from the general fund estimated at zero, and fees 

pursuant to such section 620 shall be modified as necessary to ensure such a final fiscal year 2017 appropriation: Provided further,

That for the dispute resolution and installation programs, the Secretary of Housing and Urban Development may assess and collect 

fees from any program participant: Provided further, That such collections shall be deposited into the Fund, and the Secretary, as provided herein, may use such collections, as well as fees collected 

under section 620, for necessary expenses of such Act: Provided further, That, notwithstanding the requirements of section 620 of such 

Act, the Secretary may carry out responsibilities of the Secretary 

under such Act through the use of approved service providers that 

are paid directly by the recipients of their services. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

New commitments to guarantee single family loans insured 

under the Mutual Mortgage Insurance Fund shall not exceed 

$400,000,000,000, to remain available until September 30, 2018: 

Provided, That during fiscal year 2017, obligations to make direct 

loans to carry out the purposes of section 204(g) of the National 

Housing Act, as amended, shall not exceed $5,000,000: Provided

further, That the foregoing amount in the previous proviso shall be 

for loans to nonprofit and governmental entities in connection with 

sales of single family real properties owned by the Secretary and 

formerly insured under the Mutual Mortgage Insurance Fund: Provided further, That for administrative contract expenses of the Federal Housing Administration, $130,000,000, to remain available 

until September 30, 2018: Provided further, That to the extent 

guaranteed loan commitments exceed $200,000,000,000 on or before April 1, 2017, an additional $1,400 for administrative contract 

expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any 

amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

New commitments to guarantee loans insured under the General 

and Special Risk Insurance Funds, as authorized by sections 238 

and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 

1735c), shall not exceed $30,000,000,000 in total loan principal, any 

part of which is to be guaranteed, to remain available until September 30, 2018: Provided, That during fiscal year 2017, gross obligations for the principal amount of direct loans, as authorized by 

sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, 

shall not exceed $5,000,000, which shall be for loans to nonprofit 

and governmental entities in connection with the sale of single 

family real properties owned by the Secretary and formerly insured 

under such Act. 
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GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

New commitments to issue guarantees to carry out the purposes 

of section 306 of the National Housing Act, as amended (12 U.S.C. 

1721(g)), shall not exceed $500,000,000,000, to remain available 

until September 30, 2018: Provided, That $23,000,000 shall be 

available for necessary salaries and expenses of the Office of Government National Mortgage Association: Provided further, That to 

the extent that guaranteed loan commitments exceed 

$155,000,000,000 on or before April 1, 2017, an additional $100 for 

necessary salaries and expenses shall be available until expended 

for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but 

in no case shall funds made available by this proviso exceed 

$3,000,000: Provided further, That receipts from Commitment and 

Multiclass fees collected pursuant to title III of the National Housing Act, as amended, shall be credited as offsetting collections to 

this account. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not 

otherwise provided for, as authorized by title V of the Housing and 

Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying out the functions of the Secretary of Housing and 

Urban Development under section 1(a)(1)(i) of Reorganization Plan 

No. 2 of 1968, and for technical assistance, $89,000,000, to remain 

available until September 30, 2018: Provided, That with respect to 

amounts made available under this heading, notwithstanding section 204 of this title, the Secretary may enter into cooperative 

agreements funded with philanthropic entities, other Federal agencies, or State or local governments and their agencies for research 

projects: Provided further, That with respect to the previous proviso, such partners to the cooperative agreements must contribute 

at least a 50 percent match toward the cost of the project: Provided

further, That for non-competitive agreements entered into in accordance with the previous two provisos, the Secretary of Housing 

and Urban Development shall comply with section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (Public 

Law 109–282, 31 U.S.C. note) in lieu of compliance with section 

102(a)(4)(C) with respect to documentation of award decisions: Provided further, That prior to obligation of technical assistance funding, the Secretary shall submit a plan, for approval, to the House 

and Senate Committees on Appropriations on how it will allocate 

funding for this activity. 
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FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, 

as amended by the Fair Housing Amendments Act of 1988, and 

section 561 of the Housing and Community Development Act of 

1987, as amended, $65,300,000, to remain available until September 30, 2018: Provided, That notwithstanding 31 U.S.C. 3302, 

the Secretary may assess and collect fees to cover the costs of the 

Fair Housing Training Academy, and may use such funds to provide such training: Provided further, That no funds made available 

under this heading shall be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant, or loan: Provided further, That of the funds 

made available under this heading, $300,000 shall be available to 

the Secretary of Housing and Urban Development for the creation 

and promotion of translated materials and other programs that 

support the assistance of persons with limited English proficiency 

in utilizing the services provided by the Department of Housing 

and Urban Development. 

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction 

Act of 1992, $145,000,000, to remain available until September 30, 

2018, of which $30,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban 

Development Act of 1970, that shall include research, studies, testing, and demonstration efforts, including education and outreach 

concerning lead-based paint poisoning and other housing-related 

diseases and hazards: Provided, That for purposes of environmental review, pursuant to the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) and other provisions of the law 

that further the purposes of such Act, a grant under the Healthy 

Homes Initiative, or the Lead Technical Studies program under 

this heading or under prior appropriations Acts for such purposes 

under this heading, shall be considered to be funds for a special 

project for purposes of section 305(c) of the Multifamily Housing 

Property Disposition Reform Act of 1994: Provided further, That of 

the total amount made available under this heading, $55,000,000 

shall be made available on a competitive basis for areas with the 

highest lead-based paint abatement needs: Provided further, That 

each recipient of funds provided under the previous proviso shall 

contribute an amount not less than 25 percent of the total: Provided further, That each applicant shall certify adequate capacity 

that is acceptable to the Secretary to carry out the proposed use 

of funds pursuant to a notice of funding availability: Provided further, That amounts made available under this heading in this or 

prior appropriations Acts, and that still remain available, may be 

used for any purpose under this heading notwithstanding the pur-
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pose for which such amounts were appropriated if a program competition is undersubscribed and there are other program competitions under this heading that are oversubscribed. 

INFORMATION TECHNOLOGY FUND

For the development of, modifications to, and infrastructure for 

Department-wide and program-specific information technology systems, for the continuing operation and maintenance of both Department-wide and program-specific information systems, and for program-related maintenance activities, $257,000,000, of which 

$250,000,000 shall remain available until September 30, 2018, and 

of which $7,000,000 shall remain available until September 30, 

2019: Provided, That any amounts transferred to this Fund under 

this Act shall remain available until expended: Provided further,

That any amounts transferred to this Fund from amounts appropriated by previously enacted appropriations Acts may be used for 

the purposes specified under this Fund, in addition to any other information technology purposes for which such amounts were appropriated: Provided further, That not more than 10 percent of the 

funds made available under this heading for development, modernization and enhancement may be obligated until the Secretary 

submits to the House and Senate Committees on Appropriations, 

for approval, a plan for expenditure that—(A) identifies for each 

modernization project: (i) the functional and performance capabilities to be delivered and the mission benefits to be realized, (ii) the 

estimated life-cycle cost, and (iii) key milestones to be met; and (B) 

demonstrates that each modernization project is: (i) compliant with 

the department’s enterprise architecture, (ii) being managed in accordance with applicable life-cycle management policies and guidance, (iii) subject to the department’s capital planning and investment control requirements, and (iv) supported by an adequately 

staffed project office. 

OFFICE OF INSPECTOR GENERAL

For necessary salaries and expenses of the Office of Inspector 

General in carrying out the Inspector General Act of 1978, as 

amended, $128,082,000: Provided, That the Inspector General shall 

have independent authority over all personnel issues within this office.

GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS)

(INCLUDING RESCISSION)

SEC. 201. Fifty percent of the amounts of budget authority, or in 

lieu thereof 50 percent of the cash amounts associated with such 

budget authority, that are recaptured from projects described in 

section 1012(a) of the Stewart B. McKinney Homeless Assistance 

Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded 

or in the case of cash, shall be remitted to the Treasury, and such 

amounts of budget authority or cash recaptured and not rescinded 
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or remitted to the Treasury shall be used by State housing finance 

agencies or local governments or local housing agencies with 

projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, 

the Secretary may award up to 15 percent of the budget authority 

or cash recaptured and not rescinded or remitted to the Treasury 

to provide project owners with incentives to refinance their project 

at a lower interest rate. 

SEC. 202. None of the amounts made available under this Act 

may be used during fiscal year 2017 to investigate or prosecute 

under the Fair Housing Act any otherwise lawful activity engaged 

in by one or more persons, including the filing or maintaining of 

a nonfrivolous legal action, that is engaged in solely for the purpose 

of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. 

SEC. 203. Subsection (c) of section 854 of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) is amended— 

(1) in subclause (I) of paragraph (2)(A), by redesignating the 

subclause as clause ‘‘(i)’’; and 

(2) in subparagraph (D) of paragraph (2), to read as follows: 

‘‘(D) ADJUSTMENT TO GRANTS.—For each of fiscal years 

2017, 2018, 2019, 2020, and 2021, with respect to a grantee that received an allocation in the prior fiscal year, the 

Secretary shall ensure that the grantee’s share of total formula funds available for allocation does not decrease more 

than 5 percent nor gain more than 10 percent of the share 

of the total available formula funds that the grantee received in the preceding fiscal year.’’. 

SEC. 204. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of 

this Act shall be made on a competitive basis and in accordance 

with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545). 

SEC. 205. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage 

Association, Government National Mortgage Association, Federal 

Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan 

banks, and any insured bank within the meaning of the Federal 

Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811– 

1).

SEC. 206. Unless otherwise provided for in this Act or through 

a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for 

any program, project or activity in excess of amounts set forth in 

the budget estimates submitted to Congress. 

SEC. 207. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government 

Corporation Control Act are hereby authorized to make such ex-
1698

penditures, within the limits of funds and borrowing authority 

available to each such corporation or agency and in accordance 

with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such 

Act as may be necessary in carrying out the programs set forth in 

the budget for 2017 for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations 

and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided 

for in this or prior appropriations Acts), except that this proviso 

shall not apply to the mortgage insurance or guaranty operations 

of these corporations, or where loans or mortgage purchases are 

necessary to protect the financial interest of the United States Government.

SEC. 208. The Secretary of Housing and Urban Development 

shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the 

jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. 

SEC. 209. The President’s formal budget request for fiscal year 

2018, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the 

Committees on Appropriations of the House of Representatives and 

the Senate, shall use the identical account and sub-account structure provided under this Act. 

SEC. 210. No funds provided under this title may be used for an 

audit of the Government National Mortgage Association that 

makes applicable requirements under the Federal Credit Reform 

Act of 1990 (2 U.S.C. 661 et seq.). 

SEC. 211. (a) Notwithstanding any other provision of law, subject 

to the conditions listed under this section, for fiscal years 2017 and 

2018, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt 

held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with 

one or more multifamily housing project or projects to another multifamily housing project or projects. 

(b) PHASED TRANSFERS.—Transfers of project-based assistance 

under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards 

under subsection (c). 

(c) The transfer authorized in subsection (a) is subject to the following conditions: 

(1) NUMBER AND BEDROOM SIZE OF UNITS.—

(A) For occupied units in the transferring project: The 

number of low-income and very low-income units and the 

configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to the 

receiving project or projects and the net dollar amount of 
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Federal assistance provided to the transferring project 

shall remain the same in the receiving project or projects. 

(B) For unoccupied units in the transferring project: The 

Secretary may authorize a reduction in the number of 

dwelling units in the receiving project or projects to allow 

for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided 

there is no increase in the project-based assistance budget 

authority.

(2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable. 

(3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. 

(4) The owner or mortgagor of the transferring project shall 

notify and consult with the tenants residing in the transferring 

project and provide a certification of approval by all appropriate local governmental officials. 

(5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or 

projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving 

project are available for occupancy. 

(6) The Secretary determines that this transfer is in the best 

interest of the tenants. 

(7) If either the transferring project or the receiving project 

or projects meets the condition specified in subsection (d)(2)(A), 

any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any 

FHA-insured mortgage lien transferred to, or placed on, such 

project by the Secretary, except that the Secretary may waive 

this requirement upon determination that such a waiver is 

necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects. 

(8) If the transferring project meets the requirements of subsection (d)(2), the owner or mortgagor of the receiving project 

or projects shall execute and record either a continuation of the 

existing use agreement or a new use agreement for the project 

where, in either case, any use restrictions in such agreement 

are of no lesser duration than the existing use restrictions. 

(9) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974, as amended) 

of any FHA-insured mortgage, except to the extent that appropriations are provided in advance for the amount of any such 

increased cost. 

(d) For purposes of this section— 

(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall have 

the meanings provided by the statute and/or regulations governing the program under which the project is insured or assisted;

(2) the term ‘‘multifamily housing project’’ means housing 

that meets one of the following conditions— 

(A) housing that is subject to a mortgage insured under 

the National Housing Act; 
1700

(B) housing that has project-based assistance attached to 

the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted 

Housing Reform and Affordability Housing Act; 

(C) housing that is assisted under section 202 of the 

Housing Act of 1959, as amended by section 801 of the 

Cranston-Gonzales National Affordable Housing Act; 

(D) housing that is assisted under section 202 of the 

Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzales National Affordable 

Housing Act; 

(E) housing that is assisted under section 811 of the 

Cranston-Gonzales National Affordable Housing Act; or 

(F) housing or vacant land that is subject to a use agreement;

(3) the term ‘‘project-based assistance’’ means— 

(A) assistance provided under section 8(b) of the United 

States Housing Act of 1937; 

(B) assistance for housing constructed or substantially 

rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983); 

(C) rent supplement payments under section 101 of the 

Housing and Urban Development Act of 1965; 

(D) interest reduction payments under section 236 and/ 

or additional assistance payments under section 236(f)(2) 

of the National Housing Act; 

(E) assistance payments made under section 202(c)(2) of 

the Housing Act of 1959; and 

(F) assistance payments made under section 811(d)(2) of 

the Cranston-Gonzalez National Affordable Housing Act; 

(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of the 

project-based assistance, debt, and statutorily required low-income and very low-income use restrictions are to be transferred;

(5) the term ‘‘transferring project’’ means the multifamily 

housing project which is transferring some or all of the projectbased assistance, debt, and the statutorily required low-income 

and very low-income use restrictions to the receiving project or 

projects; and 

(6) the term ‘‘Secretary’’ means the Secretary of Housing and 

Urban Development. 

(e) RESEARCH REPORT.—The Secretary shall conduct an evaluation of the transfer authority under this section, including the effect of such transfers on the operational efficiency, contract rents, 

physical and financial conditions, and long-term preservation of the 

affected properties. 

SEC. 212. (a) No assistance shall be provided under section 8 of 

the United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual who— 

(1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education 

Act of 1965 (20 U.S.C. 1002)); 
1701

(2) is under 24 years of age; 

(3) is not a veteran; 

(4) is unmarried; 

(5) does not have a dependent child; 

(6) is not a person with disabilities, as such term is defined 

in section 3(b)(3)(E) of the United States Housing Act of 1937 

(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance 

under such section 8 as of November 30, 2005; 

(7) is not a youth who left foster care at age 14 or older and 

is at risk of becoming homeless; and 

(8) is not otherwise individually eligible, or has parents who, 

individually or jointly, are not eligible, to receive assistance 

under section 8 of the United States Housing Act of 1937 (42 

U.S.C. 1437f). 

(b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act 

of 1937 (42 U.S.C. 1437f), any financial assistance (in excess of 

amounts received for tuition and any other required fees and 

charges) that an individual receives under the Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to 

that individual, except for a person over the age of 23 with dependent children. 

SEC. 213. The funds made available for Native Alaskans under 

the heading ‘‘Native American Housing Block Grants’’ in title II of 

this Act shall be allocated to the same Native Alaskan housing 

block grant recipients that received funds in fiscal year 2005. 

SEC. 214. Notwithstanding the limitation in the first sentence of 

section 255(g) of the National Housing Act (12 U.S.C. 1715z–20(g)), 

the Secretary of Housing and Urban Development may, until September 30, 2017, insure and enter into commitments to insure 

mortgages under such section 255. 

SEC. 215. Notwithstanding any other provision of law, in fiscal 

year 2017, in managing and disposing of any multifamily property 

that is owned or has a mortgage held by the Secretary of Housing 

and Urban Development, and during the process of foreclosure on 

any property with a contract for rental assistance payments under 

section 8 of the United States Housing Act of 1937 or other Federal 

programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 

and other programs that are attached to any dwelling units in the 

property. To the extent the Secretary determines, in consultation 

with the tenants and the local government, that such a multifamily 

property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and 

operating the property and all available Federal, State, and local 

resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 

(‘‘MAHRAA’’) and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation 

with the tenants of that property, contract for project-based rental 

assistance payments with an owner or owners of other existing 
1702

housing properties, or provide other rental assistance. The Secretary shall also take appropriate steps to ensure that projectbased contracts remain in effect prior to foreclosure, subject to the 

exercise of contractual abatement remedies to assist relocation of 

tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use 

of other available remedies, such as partial abatements or receivership. After disposition of any multifamily property described under 

this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of 

MAHRAA.

SEC. 216. The commitment authority funded by fees as provided 

under the heading ‘‘Community Development Loan Guarantees 

Program Account’’ may be used to guarantee, or make commitments to guarantee, notes, or other obligations issued by any State 

on behalf of non-entitlement communities in the State in accordance with the requirements of section 108 of the Housing and Community Development Act of 1974: Provided, That any State receiving such a guarantee or commitment shall distribute all funds subject to such guarantee to the units of general local government in 

non-entitlement areas that received the commitment. 

SEC. 217. Public housing agencies that own and operate 400 or 

fewer public housing units may elect to be exempt from any asset 

management requirement imposed by the Secretary of Housing and 

Urban Development in connection with the operating fund rule: 

Provided, That an agency seeking a discontinuance of a reduction 

of subsidy under the operating fund formula shall not be exempt 

from asset management requirements. 

SEC. 218. With respect to the use of amounts provided in this Act 

and in future Acts for the operation, capital improvement and management of public housing as authorized by sections 9(d) and 9(e) 

of the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and 

(e)), the Secretary shall not impose any requirement or guideline 

relating to asset management that restricts or limits in any way 

the use of capital funds for central office costs pursuant to section 

9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42 

U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency 

may not use capital funds authorized under section 9(d) for activities that are eligible under section 9(e) for assistance with amounts 

from the operating fund in excess of the amounts permitted under 

section 9(g)(1) or 9(g)(2). 

SEC. 219. No official or employee of the Department of Housing 

and Urban Development shall be designated as an allotment holder 

unless the Office of the Chief Financial Officer has determined that 

such allotment holder has implemented an adequate system of 

funds control and has received training in funds control procedures 

and directives. The Chief Financial Officer shall ensure that there 

is a trained allotment holder for each HUD sub-office under the accounts ‘‘Executive Offices’’ and ‘‘Administrative Support Offices,’’ as 

well as each account receiving appropriations for ‘‘Program Office 

Salaries and Expenses’’, ‘‘Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee 

Program Account’’, and ‘‘Office of Inspector General’’ within the Department of Housing and Urban Development. 
1703

SEC. 220. The Secretary of the Department of Housing and 

Urban Development shall, for fiscal year 2017, notify the public 

through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or 

discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for 

fiscal year 2017, the Secretary may make the NOFA available only 

on the Internet at the appropriate Government web site or through 

other electronic media, as determined by the Secretary. 

SEC. 221. Payment of attorney fees in program-related litigation 

shall be paid from the individual program office and Office of General Counsel salaries and expenses appropriations. The annual 

budget submission for the program offices and the Office of General 

Counsel shall include any such projected litigation costs for attorney fees as a separate line item request. No funds provided in this 

title may be used to pay any such litigation costs for attorney fees 

until the Department submits for review a spending plan for such 

costs to the House and Senate Committees on Appropriations. 

SEC. 222. The Secretary is authorized to transfer up to 10 percent or $4,000,000, whichever is less, of funds appropriated for any 

office under the heading ‘‘Administrative Support Offices’’ or for 

any account under the general heading ‘‘Program Office Salaries 

and Expenses’’ to any other such office or account: Provided, That 

no appropriation for any such office or account shall be increased 

or decreased by more than 10 percent or $4,000,000, whichever is 

less, without prior written approval of the House and Senate Committees on Appropriations: Provided further, That the Secretary 

shall provide notification to such Committees three business days 

in advance of any such transfers under this section up to 10 percent or $4,000,000, whichever is less. 

SEC. 223. (a) Any entity receiving housing assistance payments 

shall maintain decent, safe, and sanitary conditions, as determined 

by the Secretary of Housing and Urban Development (in this section referred to as the ‘‘Secretary’’), and comply with any standards 

under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any property covered 

under a housing assistance payment contract. 

(b) The Secretary shall take action under subsection (c) when a 

multifamily housing project with a section 8 contract or contract for 

similar project-based assistance— 

(1) receives a Uniform Physical Condition Standards (UPCS) 

score of 60 or less; or 

(2) fails to certify in writing to the Secretary within 3 days 

that all Exigent Health and Safety deficiencies identified by 

the inspector at the project have been corrected. 

Such requirements shall apply to insured and noninsured projects 

with assistance attached to the units under section 8 of the United 

States Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to 

such units assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) 

or to public housing units assisted with capital or operating funds 

under section 9 of the United States Housing Act of 1937 (42 

U.S.C. 1437g). 
1704

(c)(1) Within 15 days of the issuance of the REAC inspection, the 

Secretary must provide the owner with a Notice of Default with a 

specified timetable, determined by the Secretary, for correcting all 

deficiencies. The Secretary must also provide a copy of the Notice 

of Default to the tenants, the local government, any mortgagees, 

and any contract administrator. If the owner’s appeal results in a 

UPCS score of 60 or above, the Secretary may withdraw the Notice 

of Default. 

(2) At the end of the time period for correcting all deficiencies 

specified in the Notice of Default, if the owner fails to fully correct 

such deficiencies, the Secretary may— 

(A) require immediate replacement of project management 

with a management agent approved by the Secretary; 

(B) impose civil money penalties, which shall be used solely 

for the purpose of supporting safe and sanitary conditions at 

applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty;

(C) abate the section 8 contract, including partial abatement, 

as determined by the Secretary, until all deficiencies have been 

corrected;

(D) pursue transfer of the project to an owner, approved by 

the Secretary under established procedures, which will be obligated to promptly make all required repairs and to accept renewal of the assistance contract as long as such renewal is offered;

(E) transfer the existing section 8 contract to another project 

or projects and owner or owners; 

(F) pursue exclusionary sanctions, including suspensions or 

debarments from Federal programs; 

(G) seek judicial appointment of a receiver to manage the 

property and cure all project deficiencies or seek a judicial 

order of specific performance requiring the owner to cure all 

project deficiencies; 

(H) work with the owner, lender, or other related party to 

stabilize the property in an attempt to preserve the property 

through compliance, transfer of ownership, or an infusion of 

capital provided by a third-party that requires time to effectuate; or 

(I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary. 

(d) The Secretary shall also take appropriate steps to ensure that 

project-based contracts remain in effect, subject to the exercise of 

contractual abatement remedies to assist relocation of tenants for 

major threats to health and safety after written notice to the affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that the property 

is not feasible for continued rental assistance payments under such 

section 8 or other programs, based on consideration of— 

(1) the costs of rehabilitating and operating the property and 

all available Federal, State, and local resources, including rent 

adjustments under section 524 of the Multifamily Assisted 

Housing Reform and Affordability Act of 1997 (‘‘MAHRAA’’); 

and
1705

(2) environmental conditions that cannot be remedied in a 

cost-effective fashion, the Secretary may contract for projectbased rental assistance payments with an owner or owners of 

other existing housing properties, or provide other rental assistance.

(e) The Secretary shall report quarterly on all properties covered 

by this section that are assessed through the Real Estate Assessment Center and have UPCS physical inspection scores of less than 

60 or have received an unsatisfactory management and occupancy 

review within the past 36 months. The report shall include— 

(1) the enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identify properties that have such 

conditions multiple times; 

(2) actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties; and 

(3) any administrative or legislative recommendations to further improve the living conditions at properties covered under 

a housing assistance payment contract. 

SEC. 224. None of the funds made available by this Act, or any 

other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 

of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), 

may be used by any public housing agency for any amount of salary, including bonuses, for the chief executive officer of which, or 

any other official or employee of which, that exceeds the annual 

rate of basic pay payable for a position at level IV of the Executive 

Schedule at any time during any public housing agency fiscal year 

2017.

SEC. 225. None of the funds in this Act may be available for the 

doctoral dissertation research grant program at the Department of 

Housing and Urban Development. 

SEC. 226. Section 24 of the United States Housing Act of 1937 

(42 U.S.C. 1437v) is amended— 

(1) in subsection (m)(1), by striking ‘‘fiscal year’’ and all that 

follows through the period at the end and inserting ‘‘fiscal year 

2017.’’; and 

(2) in subsection (o), by striking ‘‘September’’ and all that follows through the period at the end and inserting ‘‘September 

30, 2017.’’. 

SEC. 227. None of the funds in this Act provided to the Department of Housing and Urban Development may be used to make a 

grant award unless the Secretary notifies the House and Senate 

Committees on Appropriations not less than 3 full business days 

before any project, State, locality, housing authority, tribe, nonprofit organization, or other entity selected to receive a grant 

award is announced by the Department or its offices. 

SEC. 228. None of the funds made available by this Act may be 

used to require or enforce the Physical Needs Assessment (PNA). 

SEC. 229. None of the funds made available by this Act nor any 

receipts or amounts collected under any Federal Housing Administration program may be used to implement the Homeowners 

Armed with Knowledge (HAWK) program. 
1706

SEC. 230. None of the funds made available in this Act shall be 

used by the Federal Housing Administration, the Government National Mortgage Administration, or the Department of Housing and 

Urban Development to insure, securitize, or establish a Federal 

guarantee of any mortgage or mortgage backed security that refinances or otherwise replaces a mortgage that has been subject to 

eminent domain condemnation or seizure, by a State, municipality, 

or any other political subdivision of a State. 

SEC. 231. None of the funds made available by this Act may be 

used to terminate the status of a unit of general local government 

as a metropolitan city (as defined in section 102 of the Housing and 

Community Development Act of 1974 (42 U.S.C. 5302)) with respect to grants under section 106 of such Act (42 U.S.C. 5306). 

SEC. 232. Amounts made available under this Act which are either appropriated, allocated, advanced on a reimbursable basis, or 

transferred to the Office of Policy Development and Research in the 

Department of Housing and Urban Development and functions 

thereof, for research, evaluation, or statistical purposes, and which 

are unexpended at the time of completion of a contract, grant, or 

cooperative agreement, may be deobligated and shall immediately 

become available and may be reobligated in that fiscal year or the 

subsequent fiscal year for the research, evaluation, or statistical 

purposes for which the amounts are made available to that Office 

subject to reprogramming requirements in section 405 of this Act. 

SEC. 233. None of the funds provided in this Act or any other act 

may be used for awards, including performance, special act, or spot, 

for any employee of the Department of Housing and Urban Development who has been subject to administrative discipline in fiscal 

years 2016 or 2017, including suspension from work. 

SEC. 234. Funds made available in this title under the heading 

‘‘Homeless Assistance Grants’’ may be used by the Secretary to participate in Performance Partnership Pilots authorized under section 

526 of division H of Public Law 113–76, section 524 of division G 

of Public Law 113–235, section 525 of division H of Public Law 

114–113, and such authorities as are enacted for Performance Partnership Pilots in an appropriations Act for fiscal year 2017: Provided, That such participation shall be limited to no more than 10 

continuums of care and housing activities to improve outcomes for 

disconnected youth. 

SEC. 235. With respect to grant amounts awarded under the 

heading ‘‘Homeless Assistance Grants’’ for fiscal years 2015, 2016, 

and 2017 for the continuum of care (CoC) program as authorized 

under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, costs paid by program income of grant recipients may 

count toward meeting the recipient’s matching requirements, provided the costs are eligible CoC costs that supplement the recipients CoC program. 

SEC. 236. (a) From amounts made available under this title 

under the heading ‘‘Homeless Assistance Grants’’, the Secretary 

may award 1-year transition grants to recipients of funds for activities under subtitle C of the McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11381 et seq.) to transition from one Continuum of 

Care program component to another. 
1707

(b) No more than 50 percent of each transition grant may be 

used for costs of eligible activities of the program component originally funded. 

(c) Transition grants made under this section are eligible for renewal in subsequent fiscal years for the eligible activities of the 

new program component. 

(d) In order to be eligible to receive a transition grant, the funding recipient must have the consent of the Continuum of Care and 

meet standards determined by the Secretary. 

SEC. 237. (a) Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822) is amended in subsection (e)— 

(1) in paragraph (1)— 

(i) by striking ‘‘handicapped’’ and inserting ‘‘persons with 

disabilities, or any 0-bedroom dwelling’’; 

(ii) by inserting ‘‘or’’ after ‘‘expected to reside;’’; and 

(iii) by striking ‘‘less than 7 years of age’’ and inserting 

‘‘under age 6’’; 

(2) in paragraph (2) by striking ‘‘; or’’ and inserting ‘‘.’’; and 

(3) by striking paragraph (3). 

(b) Section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b) is amended in paragraph 

(27)—

(1) by inserting ‘‘or any 0-bedroom dwelling’’ after ‘‘disabilities,’’; and 

(2) by deleting ‘‘housing for the elderly or persons with disabilities) or any 0 bedroom dwelling’’ and inserting ‘‘housing)’’. 

(c) Section 401 of the Toxic Substances Control Act (15 U.S.C. 

2681) is amended in paragraph (17)— 

(1) by inserting ‘‘or any 0-bedroom dwelling’’ after ‘‘disabilities,’’; and 

(2) by deleting ‘‘housing for the elderly or persons with disabilities) or any 0 bedroom dwelling’’ and inserting ‘‘housing)’’. 

SEC. 238. Section 211 of the Department of Housing and Urban 

Development Appropriations Act, 2008, is repealed. 

SEC. 239. The language under the heading Rental Assistance 

Demonstration in the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55), is amended— 

(1) in the second proviso, by striking ‘‘2018’’ and inserting 

‘‘2020’’; and 

(2) in the fourth proviso, by striking ‘‘185,000’’ and inserting 

‘‘225,000’’.

SEC. 240. The Secretary shall establish by notice such requirements as may be necessary to implement section 78001 of title 

LXXVIII of the Fixing America’s Surface Transportation Act (Public Law 114–94), and the notice shall take effect upon issuance: 

Provided, That the Secretary shall commence rulemaking based on 

the initial notice no later than the expiration of the 6-month period 

following issuance of the notice and the rulemaking shall allow for 

the opportunity for public comment. 

SEC. 241. For fiscal year 2017 and hereafter, the Secretary of 

Housing and Urban Development may use amounts made available 

for the Continuum of Care program under the ‘‘Homeless Assistance Grants’’ heading under this title to renew a grant originally 

awarded pursuant to the matter under the heading ‘‘Department of 
1708

Housing and Urban Development—Permanent Supportive Housing’’ in chapter 6 of title III of the Supplemental Appropriations 

Act, 2008 (Public Law 110–252; 122 Stat. 2351) for assistance 

under subtitle F of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C 11403 et seq.). Such renewal grant shall be 

awarded to the same grantee and be subject to the provisions of 

such Continuum of Care program except that the funds may be 

used outside the geographic area of the continuum of care. 

SEC. 242. Section 218(g) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with respect to the right of a jurisdiction to draw funds from its HOME 

Investment Trust Fund that otherwise expired or would expire in 

2016, 2017, 2018, or 2019 under that section. 

SEC. 243. None of the funds made available by this Act may be 

used by the Department of Housing and Urban Development to direct a grantee to undertake specific changes to existing zoning laws 

as part of carrying out the final rule entitled ‘‘Affirmatively Furthering Fair Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 

notice entitled ‘‘Affirmatively Furthering Fair Housing Assessment 

Tool’’ (79 Fed. Reg. 57949 (September 26, 2014)). 

This title may be cited as the ‘‘Department of Housing and 

Urban Development Appropriations Act, 2017’’. 

TITLE III 

RELATED AGENCIES 

ACCESS BOARD

SALARIES AND EXPENSES

For expenses necessary for the Access Board, as authorized by 

section 502 of the Rehabilitation Act of 1973, as amended, 

$8,190,000: Provided, That, notwithstanding any other provision of 

law, there may be credited to this appropriation funds received for 

publications and training expenses. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission as 

authorized by section 201(d) of the Merchant Marine Act, 1936, as 

amended (46 U.S.C. 307), including services as authorized by 5 

U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 

U.S.C. 1343(b); and uniforms or allowances therefore, as authorized 

by 5 U.S.C. 5901–5902, $27,490,000: Provided, That not to exceed 

$2,000 shall be available for official reception and representation 

expenses.
1709

NATIONAL RAILROAD PASSENGER CORPORATION

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General for the 

National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, 

$23,274,000: Provided, That the Inspector General shall have all 

necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 

allegations of fraud, including false statements to the government 

(18 U.S.C. 1001), by any person or entity that is subject to regulation by the National Railroad Passenger Corporation: Provided further, That the Inspector General may enter into contracts and 

other arrangements for audits, studies, analyses, and other services 

with public agencies and with private persons, subject to the applicable laws and regulations that govern the obtaining of such services within the National Railroad Passenger Corporation: Provided

further, That the Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying 

out the functions, powers, and duties of the Office of Inspector General, subject to the applicable laws and regulations that govern 

such selections, appointments, and employment within the Corporation: Provided further, That concurrent with the President’s 

budget request for fiscal year 2018, the Inspector General shall 

submit to the House and Senate Committees on Appropriations a 

budget request for fiscal year 2018 in similar format and substance 

to those submitted by executive agencies of the Federal Government.

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety 

Board, including hire of passenger motor vehicles and aircraft; 

services as authorized by 5 U.S.C. 3109, but at rates for individuals 

not to exceed the per diem rate equivalent to the rate for a GS– 

15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 

5901–5902), $106,000,000, of which not to exceed $2,000 may be 

used for official reception and representation expenses. The 

amounts made available to the National Transportation Safety 

Board in this Act include amounts necessary to make lease payments on an obligation incurred in fiscal year 2001 for a capital 

lease.

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation for 

use in neighborhood reinvestment activities, as authorized by the 

Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101– 
1710

8107), $140,000,000, of which $5,000,000 shall be for a multi-family 

rental housing program. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board, in- cluding services authorized by 5 U.S.C. 3109, $37,000,000: Provided, That notwithstanding any other provision of law, not to ex- ceed $1,250,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as 

offsetting collections and used for necessary and authorized expenses under this heading: Provided further, That the sum herein 

appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during fiscal year 2017, to result in a final appropriation from the general 

fund estimated at no more than $35,750,000. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants 

under section 3109 of title 5, United States Code) of the United 

States Interagency Council on Homelessness in carrying out the 

functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $3,600,000: Provided, That title II of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11319) is 

amended by striking ‘‘October 1, 2017’’ in section 209 and inserting 

‘‘October 1, 2018’’. 

TITLE IV 

GENERAL PROVISIONS—THIS ACT 

(INCLUDING RESCISSIONS)

SEC. 401. None of the funds in this Act shall be used for the 

planning or execution of any program to pay the expenses of, or 

otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 

SEC. 402. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly so 

provided herein. 

SEC. 403. The expenditure of any appropriation under this Act 

for any consulting service through a procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited 

to those contracts where such expenditures are a matter of public 

record and available for public inspection, except where otherwise 

provided under existing law, or under existing Executive order 

issued pursuant to existing law. 

SEC. 404. (a) None of the funds made available in this Act may 

be obligated or expended for any employee training that— 
1711

(1) does not meet identified needs for knowledge, skills, and 

abilities bearing directly upon the performance of official duties;

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content 

and methods to be used in the training and written end of 

course evaluation; 

(4) contains any methods or content associated with religious 

or quasi-religious belief systems or ‘‘new age’’ belief systems as 

defined in Equal Employment Opportunity Commission Notice 

N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace. 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties. 

SEC. 405. Except as otherwise provided in this Act, none of the 

funds provided in this Act, provided by previous appropriations 

Acts to the agencies or entities funded in this Act that remain 

available for obligation or expenditure in fiscal year 2017, or provided from any accounts in the Treasury derived by the collection 

of fees and available to the agencies funded by this Act, shall be 

available for obligation or expenditure through a reprogramming of 

funds that— 

(1) creates a new program; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel for any program, project, or 

activity for which funds have been denied or restricted by the 

Congress;

(4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a 

different purpose; 

(5) augments existing programs, projects, or activities in ex- cess of $5,000,000 or 10 percent, whichever is less; 

(6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or 

(7) creates, reorganizes, or restructures a branch, division, 

office, bureau, board, commission, agency, administration, or 

department different from the budget justifications submitted 

to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, 

whichever is more detailed, unless prior approval is received 

from the House and Senate Committees on Appropriations: 

Provided, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit 

a report to the Committees on Appropriations of the Senate 

and of the House of Representatives to establish the baseline 

for application of reprogramming and transfer authorities for 

the current fiscal year: Provided further, That the report shall 

include—

(A) a table for each appropriation with a separate column to display the prior year enacted level, the President’s 

budget request, adjustments made by Congress, adjust-
1712

ments due to enacted rescissions, if appropriate, and the 

fiscal year enacted level; 

(B) a delineation in the table for each appropriation and 

its respective prior year enacted level by object class and 

program, project, and activity as detailed in the budget appendix for the respective appropriation; and 

(C) an identification of items of special congressional interest.

SEC. 406. Except as otherwise specifically provided by law, not to 

exceed 50 percent of unobligated balances remaining available at 

the end of fiscal year 2017 from appropriations made available for 

salaries and expenses for fiscal year 2017 in this Act, shall remain 

available through September 30, 2018, for each such account for 

the purposes authorized: Provided, That a request shall be submitted to the House and Senate Committees on Appropriations for 

approval prior to the expenditure of such funds: Provided further,

That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act. 

SEC. 407. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent 

domain, unless eminent domain is employed only for a public use: 

Provided, That for purposes of this section, public use shall not be 

construed to include economic development that primarily benefits 

private entities: Provided further, That any use of funds for mass 

transit, railroad, airport, seaport or highway projects, as well as 

utility projects which benefit or serve the general public (including 

energy-related, communication-related, water-related and wastewater-related infrastructure), other structures designated for use 

by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to 

regulation and oversight by the government, and projects for the 

removal of an immediate threat to public health and safety or 

brownfields as defined in the Small Business Liability Relief and 

Brownfields Revitalization Act (Public Law 107–118) shall be considered a public use for purposes of eminent domain. 

SEC. 408. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 409. No part of any appropriation contained in this Act 

shall be available to pay the salary for any person filling a position, 

other than a temporary position, formerly held by an employee who 

has left to enter the Armed Forces of the United States and has 

satisfactorily completed his or her period of active military or naval 

service, and has within 90 days after his or her release from such 

service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to 

his or her former position and has been certified by the Office of 

Personnel Management as still qualified to perform the duties of 

his or her former position and has not been restored thereto. 

SEC. 410. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the 

assistance the entity will comply with sections 2 through 4 of the 
1713

Act of March 3, 1933 (41 U.S.C. 8301–8305, popularly known as 

the ‘‘Buy American Act’’). 

SEC. 411. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity that 

has been convicted of violating the Buy American Act (41 U.S.C. 

8301–8305).

SEC. 412. None of the funds made available in this Act may be 

used for first-class airline accommodations in contravention of sections 301–10.122 and 301–10.123 of title 41, Code of Federal Regulations.

SEC. 413. (a) None of the funds made available by this Act may 

be used to approve a new foreign air carrier permit under sections 

41301 through 41305 of title 49, United States Code, or exemption 

application under section 40109 of that title of an air carrier already holding an air operators certificate issued by a country that 

is party to the U.S.-E.U.-Iceland-Norway Air Transport Agreement 

where such approval would contravene United States law or Article 

17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement. 

(b) Nothing in this section shall prohibit, restrict or otherwise 

preclude the Secretary of Transportation from granting a foreign 

air carrier permit or an exemption to such an air carrier where 

such authorization is consistent with the U.S.-E.U.-Iceland-Norway 

Air Transport Agreement and United States law. 

SEC. 414. None of the funds made available in this Act may be 

used to send or otherwise pay for the attendance of more than 50 

employees of a single agency or department of the United States 

Government, who are stationed in the United States, at any single 

international conference unless the relevant Secretary reports to 

the House and Senate Committees on Appropriations at least 5 

days in advance that such attendance is important to the national 

interest: Provided, That for purposes of this section the term ‘‘international conference’’ shall mean a conference occurring outside of 

the United States attended by representatives of the United States 

Government and of foreign governments, international organizations, or nongovernmental organizations. 

SEC. 415. None of the funds made available by this Act may be 

used by the Department of Transportation, the Department of 

Housing and Urban Development, or any other Federal agency to 

lease or purchase new light duty vehicles for any executive fleet, 

or for an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 

2011.

SEC. 416. None of the funds appropriated or otherwise made 

available under this Act may be used by the Surface Transportation Board to charge or collect any filing fee for rate or practice 

complaints filed with the Board in an amount in excess of the 

amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code. 

SEC. 417. All unobligated balances, including recaptures and carryover, remaining from funds appropriated in division L of Public 

Law 114–113 for ‘‘Department of Transportation-Office of the Secretary-Salaries and Expenses’’, ‘‘Department of Transportation-Office of the Secretary-Office of Civil Rights’’, ‘‘Department of Transportation-Office of the Secretary-Minority Business Outreach’’, ‘‘De-
1714

partment of Transportation-Federal Transit Administration-Administrative Expenses’’, ‘‘Department of Transportation-Pipeline and 

Hazardous Materials Safety Administration-Operational Expenses’’, 

‘‘Department of Transportation-Surface Transportation Board-Salaries and Expenses’’, ‘‘Access Board-Salaries and Expenses’’, ‘‘Federal Maritime Commission-Salaries and Expenses’’, ‘‘National Railroad Passenger Corporation-Office of Inspector General-Salaries 

and Expenses’’, ‘‘National Transportation Safety Board-Salaries 

and Expenses’’, and ‘‘United States Interagency Council on Homelessness-Operating Expenses’’ are rescinded. 

SEC. 418. (a) None of the funds made available in this Act may 

be used to deny an Inspector General funded under this Act timely 

access to any records, documents, or other materials available to 

the department or agency over which that Inspector General has 

responsibilities under the Inspector General Act of 1978 (5 U.S.C. 

App.), or to prevent or impede that Inspector General’s access to 

such records, documents, or other materials, under any provision of 

law, except a provision of law that expressly refers to the Inspector 

General and expressly limits the Inspector General’s right of access.

(b) A department or agency covered by this section shall provide 

its Inspector General with access to all such records, documents, 

and other materials in a timely manner. 

(c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided 

by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. 

App.).

(d) Each Inspector General covered by this section shall report to 

the Committees on Appropriations of the House of Representatives 

and the Senate within 5 calendar days any failures to comply with 

this requirement. 

SEC. 419. Notwithstanding any other provision of law, on and 

after the date of enactment of this Act (without regard to fiscal 

year)—

(1) subsections (c) and (d) of section 395.3 of title 49, Code 

of Federal Regulations, as codified on the day before the date 

of enactment of this Act, are null and void; and 

(2) section 395.3(c) of title 49, Code of Federal Regulations, 

as in effect on December 26, 2011, is hereby restored to full 

force and effect. 

SEC. 420. For an additional amount for the Emergency Relief 

Program as authorized by section 125 of title 23, United States 

Code, $528,000,000, to remain available until expended: Provided,

That such amount is designated by the Congress as an emergency 

requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

SEC. 421. For an additional amount for ‘‘Department of Housing 

and Urban Development, Community Planning and Development, 

Community Development Fund’’, $400,000,000, to remain available 

until expended, which amounts shall be allocated and used under 

the same authority and conditions as— 

(1) the additional appropriations for fiscal year 2016 in section 145(a) of division C of Public Law 114–223 and for fiscal 
1715

year 2017 in section 192(a) of division C of Public Law 114– 

223 (as added by section 101(3) of division A of Public Law 

114–254) (except for the last proviso under such section 145(a) 

and the proviso under such section 192); 

(2) the additional appropriation for fiscal year 2016 in section 420 of title IV of division L of Public Law 114–113 (except 

for the last two provisos under such section); and 

(3) in section 145(a) of division C of Public Law 114–223 (except for the last proviso under such section 145(a)), for additional major disasters declared in calendar year 2017 or later 

until such funds are fully allocated: 

Provided, That amounts authorized for use under section 192(b) of 

division C of Public Law 114–223 (as added by section 101(3) of division A of Public Law 114–254) may be used for necessary costs, 

including information technology costs, of administering and overseeing the obligation and expenditure of amounts made available 

under this section: Provided further, That amounts made available 

by this section shall be designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 422. (a) A State or territory, as defined in section 165 of 

title 23, United States Code, may use for any project eligible under 

section 133(b) of title 23 or section 165 of title 23 and located within the boundary of the State or territory any earmarked amount, 

and any associated obligation limitation, provided that the Department of Transportation for the State or territory for which the earmarked amount was originally designated or directed notifies the 

Secretary of Transportation of its intent to use its authority under 

this section and submits a quarterly report to the Secretary identifying the projects to which the funding would be applied. Notwithstanding the original period of availability of funds to be obligated 

under this section, such funds and associated obligation limitation 

shall remain available for obligation for a period of 3 fiscal years 

after the fiscal year in which the Secretary of Transportation is notified. The Federal share of the cost of a project carried out with 

funds made available under this section shall be the same as associated with the earmark. 

(b) In this section, the term ‘‘earmarked amount’’ means— 

(1) congressionally directed spending, as defined in rule 

XLIV of the Standing Rules of the Senate, identified in a prior 

law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal 

years prior to the current fiscal year, and administered by the 

Federal Highway Administration; or 

(2) a congressional earmark, as defined in rule XXI of the 

Rules of the House of Representatives identified in a prior law, 

report, or joint explanatory statement, which was authorized to 

be appropriated or appropriated more than 10 fiscal years prior 

to the current fiscal year, and administered by the Federal 

Highway Administration. 

(c) The authority under subsection (a) may be exercised only for 

those projects or activities that have obligated less than 10 percent 

of the amount made available for obligation as of October 1 of the 

current fiscal year, and shall be applied to projects within the same 
1716

general geographic area within 100 miles for which the funding 

was designated, except that a State or territory may apply such authority to unexpended balances of funds from projects or activities 

the State or territory certifies have been closed and for which payments have been made under a final voucher. 

(d) The Secretary shall submit consolidated reports of the information provided by the States and territories each quarter to the 

House and Senate Committees on Appropriations. 

SEC. 423. (a) Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by adding at the end the 

following:

‘‘(89) United States Route 67 from Interstate 40 in North Little Rock, Arkansas, to United States Route 412. 

‘‘(90) The Edward T. Breathitt Parkway from Interstate 24 

to Interstate 69.’’. 

(b) Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended in the first sentence by 

striking ‘‘and subsection (c)(83)’’ and inserting ‘‘subsection (c)(83), 

subsection (c)(89), and subsection (c)(90)’’. 

(c) Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by adding at the end the 

following: ‘‘The route referred to in subsection (c)(89) is designated 

as Interstate Route I–57. The route referred to in subsection (c)(90) 

is designated as Interstate Route I–169.’’. 

This division may be cited as the ‘‘Transportation, Housing and 

Urban Development, and Related Agencies Appropriations Act, 

2017’’.
(1717)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H4079 of Book III. 

[CLERK’S NOTE: Reproduced below is the material relating to division K contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION K—TRANSPORTATION, HOUSING AND URBAN 

DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 

CONGRESSIONAL DIRECTIVES

Unless otherwise noted, the language and allocations set forth in 

the House report (House Report 114–606) and the Senate report 

(Senate Report 114–243) carry the same weight as language included in this joint explanatory statement and should be complied 

with unless specifically addressed to the contrary in this division 

or joint explanatory statement. House report language and Senate 

report language, neither of which is changed by this joint explanatory statement, is a result of the 2017 appropriations agreement. 

The joint explanatory statement, while repeating some report language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. In cases where 

the House or the Senate has directed the submission of a report, 

such report is to be submitted to both the House and Senate Committees on Appropriations. The Department of Transportation and 

the Department of Housing and Urban Development are directed 

to notify the House and Senate Committees on Appropriations 

seven days prior to the announcement of a new program or authority. Any reprogramming requests must be submitted to the Committees on Appropriations no later than June 30, 2017. 

TITLE I—DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

SALARIES AND EXPENSES

The agreement provides $114,000,000 for the salaries and expenses of the Office of the Secretary, to remain available until September 30, 2019. The agreement includes funding by office as specified below, and offices are to manage staffing levels within the 

amounts provided. Funds are available for transfer between all offices under certain conditions. 

Immediate Office of the Secretary $2,758,000 

Immediate Office of the Deputy Secretary 1,040,000 

Office of the General Counsel 20,772,000 

Office of the Under Secretary for Transportation Policy 10,033,000 
1718

Office of the Assistant Secretary for Budget and Programs 14,019,000 

Office of the Assistant Secretary for Government Affairs 2,546,000 

Office of the Assistant Secretary for Administration 29,356,000 

Office of the Assistant Secretary for Public Affairs 2,142,000 

Office of the Executive Secretariat 1,760,000 

Office of Intelligence, Security, and Emergency Response 11,089,000 

Office of the Chief Information Officer 18,485,000 

The agreement provides $2,000,000 for DATA Act activities but 

within the Office of the Chief Information Officer and not within 

the Office of the Assistant Secretary for Budget and Programs. 

RESEARCH AND TECHNOLOGY

The agreement provides $13,000,000 for the Office of the Under 

Secretary for Transportation Policy, to remain available until September 30, 2019, of which, no less than $5,600,000 is for civil signal 

monitoring. The agreement also funds salaries and administrative 

expenses, research, development and technology coordination, alternative energy research and development, and positioning, navigation and timing technologies but does not prescribe specific 

amounts for each of these activities. Instead, the Secretary is directed to prioritize funding for these activities on an as-needed 

basis.

NATIONAL INFRASTRUCTURE INVESTMENTS

The agreement provides $500,000,000 for capital investments in 

surface transportation infrastructure, commonly known as the 

‘‘TIGER’’ program, to remain available until September 30, 2020. 

The agreement does not include funding for planning or design activities.

NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE

BUREAU

As authorized under section 9001 of the FAST Act, the agreement provides $3,000,000 to remain available until expended for 

the establishment and administration of the national surface transportation and innovative finance bureau. 

FINANCIAL MANAGEMENT CAPITAL

The agreement provides $4,000,000 for the financial management 

capital program, to remain available until September 30, 2018. 

CYBER SECURITY INITIATIVES

The agreement provides $15,000,000 for departmental cyber security initiatives, to remain available until September 30, 2018. 

OFFICE OF CIVIL RIGHTS

The agreement provides $9,751,000 for the office of civil rights. 

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

The agreement provides $12,000,000 for planning, research, and 

development activities, of which $3,000,000 is for the Interagency 

Infrastructure Permitting Improvement Center (IIPIC), to remain 

available until expended. Bill language is included to allow for the 
1719

transfer of funds to this account from other Federal agencies utilizing the services of the IIPIC, and IIPIC services may be available to other Federal agencies for non-transportation projects only 

to the extent DOT is reimbursed. 

WORKING CAPITAL FUND

The agreement limits expenditures for working capital fund activities to $190,389,000. 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

The agreement provides a total appropriation of $941,000 for the 

minority business resource center program: $339,000 for the cost of 

guaranteed loans and $602,000 for the administrative expenses of 

the program. The bill limits loans to $18,367,000. 

SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH

The agreement provides $4,646,000 for small and disadvantaged 

business utilization and outreach to remain available until September 30, 2018. 

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

The agreement provides $150,000,000 for payments to air carriers. In addition to these funds, the program will receive approximately $100,000,000 in overflight fees. 

ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF

TRANSPORTATION

Section 101 prohibits funds available to the Department of 

Transportation from being obligated for the Office of the Secretary 

of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations, except for activities underway on the date of enactment of 

this Act, unless such assessments or agreements have completed 

the normal reprogramming process for Congressional notification. 

Section 102 allows the Department of Transportation Working 

Capital Fund to provide payments in advance to vendors for the 

Federal transit pass fringe benefit program, and to provide full or 

partial payments to, and to accept reimbursements from, Federal 

agencies for transit benefit distribution services. 

Section 103 requires the Secretary of Transportation to post on 

the internet a schedule of all Council on Credit and Finance meetings, agendas, and meeting minutes. 

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

The agreement includes $10,025,852,000 for the operations of the 

Federal Aviation Administration (FAA), to remain available until 

September 30, 2018. Of the total amount provided, $9,173,000,000 
1720

is to be derived from the airport and airway trust fund. Funds are 

distributed in the bill by budget activity. 

The following table compares the agreement to the levels proposed in the budget request by activity: 

Budget Request Agreement 

Air Traffic Organization ............................................................................................... 7,539,785,000 7,559,785,000 

Aviation Safety ............................................................................................................. 1,286,982,000 1,298,482,000 

Commercial Space Transportation .............................................................................. 19,826,000 19,826,000

Finance and Management ........................................................................................... 771,342,000 771,342,000

NextGen and Operations Planning .............................................................................. 60,155,000 60,155,000

Security and Hazardous Materials Safety ................................................................... 107,161,000 107,161,000

Staff Offices ................................................................................................................ 209,101,000 209,101,000 

Total .................................................................................................................... 9,994,352,000 10,025,852,000 

Funding availability and transfer authority.—The agreement 

provides two-year funding availability for the entire operations account. This funding flexibility is provided to enhance assurance of 

continuity of air traffic operations during the annual transition 

from one fiscal year to the next. In addition, the agreement includes funding transfer authority of five percent among the activities in this account. This transfer authority is provided to meet 

emerging requirements as FAA works to accelerate the modernization of the Nation’s air traffic control system. 

Operations funding.—The agreement includes $20,000,000 above 

the budget request for the air traffic organization. This funding 

level fully supports the air traffic operational workforce, including 

the hiring and training of new controllers to fill critical positions. 

The increase above the budget request is provided to accelerate the 

safe integration of Unmanned Aerial Vehicles (UAVs) into the national airspace (NAS). 

Aviation safety.—The agreement provides $11,500,000 above the 

budget request for aviation safety activities. Of this amount, 

$10,000,000 is provided to accelerate the safe integration of UAVs 

into the NAS; and $1,500,000 is provided for six additional full 

time equivalent (FTE) positions to support the certification of new 

technologies and advance FAA’s organizational delegation authorization (ODA) efforts and strengthen safety oversight. 

The agreement provides FAA with the resources it needs to work 

with industry to achieve the goal of full utilization of ODA to improve the effectiveness and efficiency of product certification. FAA 

is directed to ensure that an ODA can conduct all specified activities authorized and approved by FAA in their procedures manual. 

When requested by an ODA, FAA is directed to conduct a review 

of ODA limitations and remove limitations that FAA determines, 

through risk analysis, are associated with low and medium risk activities. These efforts should include all FAA field office activities 

for the type certification and delivery of new aircraft including the 

Aircraft Certification Office, Aircraft Evaluation Group, and Manufacturing Inspection District Offices. FAA’s plan to expand the 

ODA performance scorecard to all ODAs nationally should be 

aligned with objectives to facilitate full utilization of ODAs by all 

FAA offices. 

FAA is commended for continuing to strengthen international 

aviation safety cooperation and improve the flow of aviation prod-
1721

ucts globally through strategic engagement with the European 

Aviation Safety Agency (EASA), Transport Canada Civil Aviation 

(TCCA), and National Civil Aviation Agency of Brazil (ANAC). 

These activities should result in streamlined validation and acceptance of type certificates and approvals among these authorities. 

FAA is directed to ensure that the efficiency of foreign validations 

is consistent with the terms of the Bilateral Agreement and to assist U.S. companies that experience significant delays. 

The full budget request is provided for Commercial Space Transportation, Finance and Management, NextGen and Operations 

Planning, Security and Hazardous Materials Safety, and Staff Offices.

The agreement provides $159,000,000 for the contract tower program.

The agreement includes language preventing the elimination of 

the Contract Weather Observers (CWO) program, therefore a report is not required. 

The agreement directs FAA to develop a plan updating the controller staffing model for en route centers no later than one year 

after enactment. 

The agreement directs FAA to review current policies concerning 

reporting and data collection standards for severe allergic reactions 

aboard aircraft. The FAA shall submit the results of the review to 

the House and Senate Committees on Appropriations no later than 

180 days after enactment of this Act. 

The agreement directs FAA to regularly report to the House and 

Senate Committees on Appropriations on the NextGen Advisory 

Committee’s objectives for the implementation of airspace modernization programs. 

The agreement directs the GAO to submit a report to the House 

and Senate Committees on Appropriations on the importance of collegiate aviation flight training operations. The report shall assess: 

the total capacity of collegiate aviation flight training programs in 

the United States to meet the needs of the nation to train commercial pilots, the footprint of collegiate aviation flight training operations at the airports in the United States, whether infrastructure 

beyond that necessary for operations of commercial air carriers is 

needed at airports with collegiate aviation flight training operations, and the cost of additional infrastructure if such infrastructure is warranted. Additionally, the report should identify available 

funding sources and recommendations for improving technical and 

financial assistance to airports to construct such infrastructure. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

The agreement includes $2,855,000,000 for FAA facilities and 

equipment. Of the total amount available, $486,000,000 is available 

until September 30, 2017 and $2,369,000,000 is available until September 30, 2019. 

The following table provides a breakdown of the agreement by 

program:
1722

Program Request Agreement 

Activity 1–Engineering, Development, Test and Evaluation: 

Advanced Technology Development and Prototyping ......................................... $24,800,000 $24,800,000 

William J. Hughes Technical Center Laboratory Improvement ........................... 1,000,000 1,000,000 

William J. Hughes Technical Center Laboratory Sustainment ........................... 19,000,000 19,000,000 

William J. Hughes Technical Center Infrastructure Sustainment ...................... 12,200,000 12,200,000 

Separation Management Portfolio ...................................................................... 25,800,000 32,800,000 

Improved Surface Portfolio ................................................................................. 2,000,000 2,000,000 

On Demand NAS Portfolio ................................................................................... 8,500,000 11,500,000 

Improved Multiple Runway Operations Portfolio ................................................ 6,500,000 6,500,000 

NAS Infrastructure Portfolio ................................................................................ 17,660,000 17,660,000

NextGen Support Portfolio ................................................................................... 12,000,000 12,000,000

Performance Based Navigation & Metroplex Portfolio ....................................... 17,500,000 17,500,000 

Total Activity 1 .......................................................................................... 146,960,000 156,960,000

Activity 2–Air Traffic Control Facilities and Equipment: 

a. En Route Programs: 

En Route Automation Modernization (ERAM)—System Enhancements 

and Tech Refresh .................................................................................. 78,000,000 78,000,000 

En Route Communications Gateway (ECG) ............................................... 2,650,000 2,650,000 

Next Generation Weather Radar (NEXRAD)—Provide ............................... 6,300,000 6,300,000 

Air Route Traffic Control Center (ARTCC) & Combined Control Facility 

(CCF) Building Improvements ............................................................... 74,870,000 74,870,000 

Air Traffic Management (ATM) .................................................................. 20,000,000 20,000,000 

Air/Ground Communications Infrastructure ............................................... 8,750,000 8,750,000 

Air Traffic Control En Route Radar Facilities Improvements ................... 5,800,000 5,800,000 

Voice Switching and Control System (VSCS) ............................................ 11,300,000 11,300,000 

Oceanic Automation System ...................................................................... 24,000,000 24,000,000 

Next Generation Very High Frequency Air/Ground Communications 

(NEXCOM) .............................................................................................. 50,500,000 50,500,000 

System-Wide Information Management ..................................................... 28,800,000 43,800,000 

ADS-B NAS Wide Implementation .............................................................. 31,100,000 154,800,000 

Windshear Detection Service ..................................................................... 4,500,000 4,500,000 

Collaborative Air Traffic Management Technologies ................................. 13,820,000 13,820,000 

Time Based Flow Management Portfolio ................................................... 50,600,000 50,600,000 

ATC Beacon Interrogator (ATCBI)—Sustainment ...................................... 1,000,000 1,000,000 

NextGen Weather Processors ..................................................................... 27,800,000 27,800,000 

Airborne Collision Avoidance System X (ACASX) ....................................... 8,900,000 8,900,000 

Data Communications in Support of NG Air Transportation System ....... 232,000,000 232,000,000 

Non-Continental United States (Non-CONUS) Automation ........................ 3,000,000 3,000,000 

Subtotal En Route Programs ............................................................ 683,690,000 822,390,000 

b. Terminal Programs: 

Airport Surface Detection Equipment—Model X (ASDE–X) ...................... 8,400,000 8,400,000 

Terminal Doppler Weather Radar (TDWR)—Provide ................................. 5,000,000 5,000,000 

Standard Terminal Automation Replacement System (STARS) (TAMR 

Phase 1) ................................................................................................ 64,200,000 64,200,000 

Terminal Automation Modernization/Replacement Program (TAMR Phase 

3) ........................................................................................................... 108,900,000 108,900,000

Terminal Automation Program ................................................................... 7,700,000 7,700,000 

Terminal Air Traffic Control Facilities—Replace ...................................... 58,800,000 58,800,000 

ATCT/Terminal Radar Approach Control (TRACON) Facilities—Improve .. 47,720,000 47,720,000 

Terminal Voice Switch Replacement (TVSR) ............................................. 6,000,000 6,000,000 

NAS Facilities OSHA and Environmental Standards Compliance ............. 42,700,000 42,700,000 

Airport Surveillance Radar (ASR–9) .......................................................... 4,500,000 4,500,000 

Terminal Digital Radar (ASR–11) Technology Refresh and Mobile Airport Surveillance Radar (MASR) ........................................................... 6,100,000 6,100,000 

Runway Status Lights ............................................................................... 4,800,000 4,800,000 

National Airspace System Voice System (NVS) ......................................... 48,400,000 48,400,000 

Integrated Display System (IDS) ............................................................... 7,700,000 7,700,000 

Remote Monitoring and Logging System (RMLS) ...................................... 9,900,000 9,900,000 

Mode S Service Life Extension Program (SLEP) ........................................ 37,900,000 37,900,000 

Surveillance Interface Modernization ........................................................ 26,800,000 21,800,000 

Improved Surface/TFDM Portfolio .............................................................. 42,200,000 42,200,000 

National Air Space (NAS) Voice Recorder Program (NVRP) ...................... 2,000,000 2,000,000 
1723

Program Request Agreement 

Integrated Terminal Weather System (ITWS) ............................................. 1,000,000 1,000,000 

Next Generation: Surveillance and Weather Radar Capability & Back-up 

Surveillance Capability ......................................................................... 6,000,000 6,000,000 

Flight and Interfacility Data Interface (FIDI) Modernization ..................... 15,000,000 13,000,000 

Subtotal Terminal Programs ............................................................. 561,720,000 554,720,000 

c. Flight Service Programs: 

Aviation Surface Observation System (ASOS) ........................................... 10,000,000 10,000,000 

Future Flight Services Program ................................................................. 3,000,000 3,000,000 

Alaska Flight Service Facility Modernization (AFSFM) .............................. 2,650,000 2,650,000 

Weather Camera Program ......................................................................... 2,200,000 2,200,000 

Subtotal Flight Service Programs ..................................................... 17,850,000 17,850,000 

d. Landing and Navigational Aids Program: 

VHF Omnidirectional Radio Range (VOR) with Distance Measuring 

Equipment (DME) .................................................................................. 7,000,000 9,000,000 

Instrument Landing System (ILS)—Establish .......................................... 7,000,000 7,000,000 

Wide Area Augmentation System (WAAS) for GPS .................................... 85,000,000 111,600,000 

Runway Visual Range (RVR) and Enhanced Low Visibility Operations 

(ELVO) .................................................................................................... 6,500,000 6,500,000 

Approach Lighting System Improvement Program (ALSIP) ....................... 3,000,000 3,000,000 

Distance Measuring Equipment (DME) ..................................................... 3,000,000 3,000,000 

Visual NAVAIDS—Establish/Expand .......................................................... 2,000,000 2,000,000 

Instrument Flight Procedures Automation (IFPA) ...................................... 9,400,000 9,400,000 

Navigation and Landing Aids—Service Life Extension Program (SLEP) .. 3,000,000 3,000,000 

VASI Replacement—Replace with Precision Approach Path Indicator .... 5,000,000 5,000,000 

Runway Safety Areas—Navigational Mitigation ....................................... 14,000,000 14,000,000 

Integrated Control and Monitoring System (ICMS)—NAVAIDS Monitoring 

Equipment ............................................................................................. 2,000,000 2,000,000 

Subtotal Landing and Navigational Aids Programs ........................ 146,900,000 175,500,000 

e. Other ATC Facilities Programs: 

Fuel Storage Tank Replacement and Management .................................. 22,700,000 22,700,000 

Unstaffed Infrastructure Sustainment ...................................................... 40,490,000 40,490,000 

Aircraft Related Equipment Program ........................................................ 13,000,000 13,000,000 

Airport Cable Loop Systems—Sustained Support .................................... 8,000,000 8,000,000 

Alaskan Satellite Telecommunications Infrastructure (ASTI) .................... 6,000,000 6,000,000 

Facilities Decommissioning ....................................................................... 6,200,000 6,200,000 

Electrical Power Systems—Sustain/Support ............................................. 105,000,000 105,000,000 

Energy Management and Compliance (EMC) ............................................ 2,000,000 2,000,000 

Child Care Center Sustainment ................................................................ 1,000,000 1,000,000 

FAA Telecommunications Infrastructure .................................................... 10,360,000 10,360,000 

System Capacity, Planning, and Improvements ....................................... 6,500,000 6,500,000 

Subtotal Other ATC Facilities Programs ........................................... 221,250,000 221,250,000 

Total Activity 2 ........................................................................ 1,631,410,000 1,791,710,000 

Activity 3–Non-Air Traffic Control Facilities and Equipment: 

a. Support Equipment: 

Hazardous Materials Management ............................................................ 31,000,000 31,000,000 

Aviation Safety Analysis System (ASAS) ................................................... 11,300,000 11,300,000 

National Air Space (NAS) Recovery Communications (RCOM) .................. 12,000,000 12,000,000 

Facility Security Risk Management ........................................................... 21,000,000 21,000,000 

Information Security .................................................................................. 24,970,000 24,970,000 

System Approach for Safety Oversight (SASO) ......................................... 17,200,000 17,200,000 

Aviation Safety Knowledge Management Environment (ASKME) .............. 4,200,000 4,200,000 

Aerospace Medical Equipment Needs (AMEN) .......................................... 3,000,000 3,000,000 

System Safety Management Portfolio ........................................................ 17,000,000 17,000,000 

National Test Equipment Program ............................................................ 5,000,000 5,000,000 

Mobile Assets Management Program ........................................................ 5,760,000 5,760,000 

Aerospace Medicine Safety Information Systems (AMSIS) ........................ 12,000,000 12,000,000 

Tower Simulation System (TSS) Technology Refresh ................................ 3,000,000 3,000,000 
1724

Program Request Agreement 

Subtotal Support Equipment ............................................................ 167,430,000 167,430,000 

b. Training, Equipment and Facilities 

Aeronautical Center Infrastructure Modernization .................................... 14,000,000 14,000,000 

Distance Learning ...................................................................................... 1,500,000 1,500,000 

Subtotal Training, Equipment and Facilities ................................... 15,500,000 15,500,000 

Total Activity 3 ........................................................................ 182,930,000 182,930,000 

Activity 4–Facilities and Equipment Mission Support: 

a. System Support and Services 

System Engineering and Development Support ........................................ 35,000,000 35,000,000 

Program Support Leases ........................................................................... 46,600,000 46,600,000 

Logistics and Acquisition Support Services .............................................. 11,000,000 11,000,000 

Mike Monroney Aeronautical Center Leases .............................................. 19,300,000 19,300,000 

Transition Engineering Support ................................................................. 24,100,000 24,100,000 

Technical Support Services Contract (TSSC) ............................................ 23,000,000 23,000,000 

Resource Tracking Program (RTP) ............................................................. 6,000,000 6,000,000 

Center for Advanced Aviation System Development (CAASD) ................... 60,000,000 60,000,000 

Aeronautical Information Management Program ...................................... 10,400,000 10,400,000 

Cross Agency NextGen Management ......................................................... 2,000,000 2,000,000 

Total Activity 4 ........................................................................ 237,400,000 237,400,000 

Activity 5–Personnel and Related Expenses: 

Personnel and Related Expenses ....................................................................... 489,000,000 486,000,000 

Activity 6–Sustain ADS–B services and Wide Area Augmentation Services (WAAS) 

GEOs:

ADS–B services and WAAS GEOs ....................................................................... 150,300,000 (provided in 

operational lines) 

Sub–Total All Activities ............................................................................. 2,838,000,000 2,855,000,000

The agreement provides $32,800,000 for separation management 

portfolio, including $7,000,000 above the budget request to advance 

space-based automatic dependent surveillance-broadcast (ADS–B) 

technology.

The agreement provides $11,500,000 for on demand NAS portfolio, including $3,000,000 above the budget request to continue to 

develop and implement an integrated Cyber Testbed at the FAA 

Technical Center. 

The agreement provides $43,800,000 for System-Wide Information Management (SWIM), an increase of $15,000,000 above the 

budget request. The additional funding for SWIM will accelerate 

FAA’s ability to share traffic and weather data with airlines and 

other users of our national airspace. The Committee makes this investment with the understanding that both the FAA and its 

NextGen partners put a high priority on sharing data over SWIM’s 

secure and reliable architecture. 

The agreement provides $9,000,000 for VHF Omnidirectional 

Radio Range (VOR) with Distance Measuring Equipment (DME), 

an increase of $2,000,000 above the budget request to address the 

rationalization and recapitalization of aging en route navigational 

aids. These additional funds are provided to expedite the issuance 

of a request for proposals to implement a service-based procurement for Very High Frequency (VHF), Omni-Directional Range 

(VOR) and Tactical Air Navigation (TACAN) systems during fiscal 

year 2017, and to accelerate the selection of a final contract. 
1725

FAA budget documents report high numbers of reimbursable positions, but it is unclear whether those employees perform reimbursable work for the majority of their time on duty. The FAA is 

directed to reclassify positions, as appropriate, in order to ensure 

that the classification of positions as reimbursable or direct accurately reflects employees’ work. 

Telecommunications carriers have signaled their intention of discontinuing Time-Division Multiplexing (TDM) based connections. 

FAA should prepare to adopt Internet Protocol (IP) connections 

across all national airspace system infrastructure, and it should 

utilize both near and long term strategies to manage this transition 

without impacts to air traffic services. Funding provided for two 

FAA programs—Surveillance Interface Modernization and Flight 

Interfacility Data Interface—will support the transition from TDM 

to IP telecommunications. FAA is encouraged to consider existing 

technology solutions that may be implemented while it continues to 

plan for modernization strategies. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

The agreement provides $176,500,000 for the FAA’s research, engineering, and development activities, to remain available until 

September 30, 2019. 

The agreement provides the following levels for specific programs:

Program Request Agreement 

Fire Research & Safety ................................................................................................ $7,925,000 $7,425,000 

Propulsion & Fuel Systems .......................................................................................... 2,574,000 2,074,000

Advanced Materials /Structural Safety ....................................................................... 4,113,000 6,500,000

Aircraft Icing/Digital System Safety/Cyber Security .................................................... 5,102,000 5,102,000 

Continued Air Worthiness ............................................................................................ 10,269,000 9,269,000

Aircraft Catastrophic Failure Prevention Research ..................................................... 1,528,000 1,528,000 

Flightdeck/Maintenance/System Integration Human Factors ...................................... 8,513,000 7,305,000 

Safety System Management/Terminal Area Safety ..................................................... 7,000,000 6,500,000 

Air Traffic Control/Technical Operations Human Factors ........................................... 6,165,000 6,165,000 

Aeromedical Research ................................................................................................. 9,538,000 8,538,000

Weather Research ........................................................................................................ 17,976,000 15,476,000 

Unmanned Aircraft Systems Research ........................................................................ 8,422,000 20,035,000 

NextGen—Alternative Fuels for General Aviation ....................................................... 5,792,000 7,000,000 

Commercial Space Transportation Safety ................................................................... 2,953,000 2,453,000 

NextGen—Wake Turbulence ........................................................................................ 8,609,000 8,609,000

NextGen—Air Ground Integration Human Factors ...................................................... 8,575,000 8,575,000 

NextGen—Weather Technology in the Cockpit ............................................................ 4,059,000 4,059,000 

NextGen—Information Security ................................................................................... 1,000,000 1,000,000

Environment & Energy ................................................................................................. 15,013,000 16,013,000 

NextGen Environmental Research—Aircraft Technologies, Fuels and Metrics .......... 26,174,000 27,174,000 

System Planning and Resource Management ............................................................. 2,788,000 2,288,000 

WJHTC Lab Facilities ................................................................................................... 3,412,000 3,412,000 

Total .................................................................................................................... 167,500,000 176,500,000 

Advanced material/structural safety.—The agreement provides 

$6,500,000 for Advanced Material/Structural Safety, of which 

$2,000,000 is for the FAA to work with public and private partners 

who provide leading-edge research, development and testing of 

composite materials and structures. 
1726

Unmanned aircraft systems research.—The agreement provides 

$20,035,000 for Unmanned Aircraft Systems (UAS) Research, an 

increase of $2,670,000 above the fiscal year 2016 enacted level, to 

address the host of research challenges associated with the integration of UAS into the NAS system. Of this amount, $3,650,000 is 

provided to the NextGen integrated laboratories, in partnership 

with NASA laboratories, to provide for proofs of concept supporting 

the integration of UAS into the national airspace. This effort will 

ensure interoperability with national airspace systems through the 

Unmanned Traffic Management system, which will create an air 

traffic control network for UAS that will have the capability to 

communicate with existing NAS infrastructure. In addition to the 

amount provided for UAS Research, $10,000,000 is directed to support the expanded role of the Center of Excellence in the areas of 

UAS research, including cybersecurity, agricultural applications, 

beyond visual line of sight technology, counter-UAS detection technology, and continuation of air and ground collision studies. Furthermore, the Center of Excellence shall establish a UAS safety research facility to study appropriate safety standards for UAS and 

to develop and validate certification standards for such systems. 

Even with this additional funding, private sector contributions to 

the Center will likely continue to outmatch Federal investment. 

The agreement provides a total of $43,187,000 for research related to environmental sustainability, of which $16,013,000 is for 

environment and energy, and $27,174,000 is for NextGen—Environmental research aircraft technologies, fuels, and metrics. The 

total level of funding supports the CLEEN program, as well as the 

Center of Excellence for alternative jet fuels and environment. The 

FAA is directed to use the increase in funding for the Center of Excellence, resulting in a total of $2,000,000 for the Center. The Committee further directs the FAA to coordinate with NASA and the 

Departments of Energy and Agriculture to continue research and 

development activities into the development and deployment of jet 

fuels as outlined in section 911(a) of Public Law 112–95, including 

feedstock logistics and all aspects of supply chains from feedstock 

through final combustion. 

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

The agreement includes an obligation limitation of 

$3,350,000,000 and a liquidating cash appropriation of 

$3,750,000,000 to remain available until expended. Within the obligation limitation, the agreement provides not more than 

$107,691,000 for administrative expenses, no less than $15,000,000 

for the airport cooperative research program, and no less than 

$31,375,000 for airport technology research. 

Small community air service development program.—The agreement includes $10,000,000 under the obligation limitation to con-
1727

tinue the small community air service development program 

(SCASDP) and directs the FAA to transfer these funds to the Office 

of the Secretary salaries and expenses appropriation. 

Cost share.—The agreement includes a provision that allows 

small airports to continue contributing five percent of the total cost 

for unfinished phased projects that were underway prior to the passage of the FAA Modernization and Reform Act of 2012. 

Unmanned aircraft systems.—House Report 114–606 directs the 

FAA to establish a pilot program to deploy and evaluate counterUAS detection technologies at three airports. The agreement supports this initiative and notes that the FAA is currently undertaking this effort at four airports while utilizing cooperative research agreements within the research account to leverage Federal 

funds at the UAS Center of Excellence. 

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

Section 110 allows no more than 600 technical staff-years at the 

Center for Advanced Aviation Systems Development. 

Section 111 prohibits funds for adopting guidelines or regulations 

requiring airport sponsors to provide FAA ‘‘without cost’’ building 

construction or space. 

Section 112 allows reimbursement for fees collected and credited 

under 49 U.S.C. 45303. 

Section 113 allows reimbursement of funds for providing technical assistance to foreign aviation authorities to be credited to the 

operations account. 

Section 114 prohibits funds for Sunday premium pay unless work 

was actually performed on a Sunday. 

Section 115 prohibits funds in the Act from being used to buy 

store gift cards with Government issued credit cards. 

Section 116 prohibits funds from being obligated or expended for 

retention bonuses for FAA employees without prior written approval of the DOT Assistant Secretary for Administration. 

Section 117 requires the Secretary to block the display of an 

owner or operator’s aircraft registration number in the Aircraft Situational Display to Industry program upon the request of an owner 

or operator. 

Section 118 prohibits funds for salaries and expenses of more 

than nine political and Presidential appointees in the FAA. 

Section 119 prohibits funds to increase fees under 49 U.S.C. 

44721 until the FAA provides a report to the House and Senate 

Committees on Appropriations that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive Order 13642. 

Section 119A requires the FAA to notify the House and Senate 

Committees on Appropriations at least 90 days before closing a regional operations center or reducing the services provided. 

Section 119B prohibits funds from being used to change weight 

restrictions or prior permission rules at Teterboro Airport in New 

Jersey.

Section 119C prohibits funds from being used to withhold from 

consideration and approval certain applications for participation in 

the Contract Tower Program, or for reevaluation of cost-share program participation, pending as of January 1, 2016. 
1728

Section 119D allows airports that met the 10,000 enplanement 

qualification for AIP funds in calendar year 2012 to continue to receive AIP funds in fiscal year 2017. 

Section 119E modifies the Federal share for a primary non-hub 

airport located in a public lands State within 15 miles from the 

border of another public lands State to use the greater of the two 

State’s Federal share. 

Section 119F modifies requirements regarding the use of funds 

for runway safety repairs. 

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

The agreement limits obligations for the administrative expenses 

of the Federal Highway Administration (FHWA) to $432,547,000. 

In addition, the agreement provides $3,248,000 above this limitation for the administrative expenses of the Appalachian Regional 

Commission.

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The agreement limits obligations for the federal-aid highways 

program to $43,266,100,000 in fiscal year 2017. 

Bridge and structure product and technology innovations.—The

Department is directed to provide a specific location for bridge 

structure stakeholders to find technically robust and unbiased information to evaluate innovations. 

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

The agreement provides a liquidating cash appropriation of 

$44,005,100,000, which is available until expended, to pay the outstanding obligations of the various highway programs at the levels 

provided in this Act and prior appropriations acts. 

(RESCISSION)

(HIGHWAY TRUST FUND)

The agreement includes a permanent rescission of unobligated 

balances in the amount of $857,000,000 effective June 30, 2017. 

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

Section 120 distributes the federal-aid highways program obligation limitation. 

Section 121 allows funds received by the Bureau of Transportation Statistics from the sale of data products to be credited to the 

federal-aid highways account. 
1729

Section 122 transfers $30,000,000 apportioned to the State of 

Virginia and the District of Columbia and sets aside no less than 

ten percent of the Federal Lands Transportation Program for the 

National Parks Service to fund certain bridge projects. 

Section 123 provides requirements for any waiver of Buy America requirements. 

Section 124 prohibits funds from being used to provide credit assistance under sections 603 and 604 of title 23, United States Code, 

unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations, the Senate Committee on Environment and Public Works, the Senate Committee on Banking, 

Housing and Urban Affairs, and the House Committee on Transportation and Infrastructure at least three days prior to credit application approval. 

Section 125 requires 60-day notification to the Committees on 

Appropriations for any FASTLANE grants as authorized under 23 

U.S.C. 117. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The agreement includes a liquidation of contract authorization 

and a limitation on obligations of $277,200,000 for the Federal 

Motor Carrier Safety Administration (FMCSA). Of this limitation, 

$9,180,000 is for research and technology programs and will remain available for obligation until September 30, 2019. 

Commercial permitting and licensing.—The agreement directs 

the Department to carry out the pilot program required under section 5404 of the FAST Act and to deliver the report required under 

section 5404(e) of that same Act to the House and Senate Committees on Appropriations. The agreement does not include any additional requirement to conduct evaluations of the merits of a pilot 

program for permitting states to license drivers 18 to 21 years old 

or to provide a separate report on related recommendations. 

Heavy vehicle speed limiters.—In response to a 2006 petition 

from a coalition of trucking industry and safety advocates, NHTSA 

and FMCSA issued a joint proposed rule on August 26, 2016 requiring devices that limit maximum speeds on heavy-duty vehicles. 

The agreement directs the agencies to fully and adequately address 

all comments received from the public. The final rule should address the impact of creating speed differentials on highways and 

consider the costs and benefits of applying the rule to existing 

heavy vehicles that are equipped with speed limiting devices. 
1730

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The agreement provides a liquidating cash appropriation and a 

limitation on obligations of $367,000,000 for motor carrier safety 

grants. The agreement allocates the total grant funding as follows: 

Program Funding 

Motor carrier safety assistance program ....................................................................................................... $292,600,000 

Commercial driver’s license program implementation program ................................................................... 31,200,000

High priority activities program ..................................................................................................................... 42,200,000 

Commercial motor vehicle operators grant program ..................................................................................... 1,000,000 

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

Section 130 subjects funds appropriated in this Act to the terms 

and conditions of section 350 of Public Law 107–87 and section 

6901 of Public Law 110–28. 

Section 131 requires FMCSA to send notice of 49 CFR section 

385.308 violations by certified mail, registered mail, or some other 

manner of delivery which records receipt of the notice by the persons responsible for the violations. 

Section 132 prohibits funds from being used for a wireless roadside inspection program until 180 days after the Secretary makes 

specific certifications to the House and Senate Committees on Appropriations.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

The agreement provides $180,075,000 from the general fund for 

operations and research. Of this amount, $20,000,000 shall remain 

available until September 30, 2018. 

The agreement provides not less than $23,510,000 for Rulemaking programs, $36,994,000 for Enforcement programs, and 

$41,600,000 for Research and Analysis programs. Within Enforcement programs, the agreement provides a $17,000,000 increase for 

the Office of Defects Investigation and $1,500,000 to fund grants to 

States that use vehicle registrations to notify vehicle owners and 

lessees of open recalls as authorized under Section 24105 of the 

FAST Act. Within Research and Analysis programs, the agreement 

provides a $6,500,000 increase for Vehicle Electronics and Emerging Technologies. The Department is directed to invest all program 

increases in a manner consistent with the presentation of budgetary resources included in the President’s Budget Fiscal Year 2017 

Budget Estimates for the National Highway Traffic Safety Administration (NHTSA). 

The agreement fully funds FTE increases provided in fiscal year 

2016 and does not prohibit funding for new positions. 
1731

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The agreement provides a liquidating cash appropriation and an obligation limitation of $145,900,000, which reflects the authorized 

level of contract authority. Of the total, $140,700,000 is provided 

for the programs authorized under 23 U.S.C. 403, and $5,200,000 

is for the National Driver Register. Of the total amount provided 

under this heading, $20,000,000 shall remain available until September 30, 2018 and shall be in addition to any limitation imposed 

on obligations in future fiscal years. The agreement includes up to $6,500,000 for a high visibility enforcement paid-media campaign in the area of highway-rail grade 

crossing safety. Consistent with the FAST Act, the agreement includes $5,494,000 for in-vehicle alcohol detection device research. 

The agreement fully funds FTE increases provided in fiscal year 

2016 and does not prohibit funding for new positions. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The agreement provides a liquidating cash appropriation and an obligation limitation of $585,372,000 for highway traffic safety 

grants. The agreement allocates funding as follows: 

Highway safety programs (section 402) ........................................................................................................ $252,300,000 

National priority safety programs (section 405) ........................................................................................... 277,500,000 

High visibility enforcement program (section 404) ....................................................................................... 29,500,000 

Administrative expenses ................................................................................................................................. 26,072,000 

Total: ...................................................................................................................................................... $585,372,000 

Consistent with the FAST Act, the agreement includes $5,494,000 for in-vehicle alcohol detection device research within 

the highway safety programs funded under the Operations and Research heading. The agreement does not include additional funding 

for this research as a set-aside within Highway Traffic Safety 

grants.

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY 

TRAFFIC SAFETY ADMINISTRATION 

Section 140 provides funding for travel and related expenses for 

state management reviews and highway safety core competency development training. 

Section 141 exempts obligation authority made available in previous public laws from the obligation limitations set for the current 

year.

Section 142 prohibits funds in the Act for the National Roadside 

Survey.
1732

Section 143 prohibits funds from being used to mandate global 

positioning systems in private vehicles without consideration of privacy concerns. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

The agreement provides $218,298,000 for safety and operations 

of the Federal Railroad Administration (FRA). Of the funds provided, $15,900,000 is available until expended. The agreement 

annualizes 32 new safety personnel provided in fiscal year 2016, 

provides no additional staff in fiscal year 2017, and fully funds activities related to the safe transportation of energy products. In addition, the agreement funds the following priorities: 

Safe Transportation of Energy Products ........................................................................................................ $2,000,000 

National Bridge Inventory Web-based portal ................................................................................................. 500,000 

Automated Track Inspection Program ............................................................................................................ 15,090,000 

Southeast Rail Commission ........................................................................................................................... 1,000,000 

Positive Train Control ..................................................................................................................................... 6,600,000 

RAILROAD RESEARCH AND DEVELOPMENT

The agreement provides $40,100,000, to remain available until 

expended, for railroad research and development. The agreement 

supports $2,000,000 to improve safety practices and training for 

Class II and Class III freight railroads; $2,000,000 for the safe 

transportation of energy products; and $1,000,000 for research with 

universities on intelligent railroad systems. In addition, the Administrator is directed to undertake research and development activities in all disciplines—track research, rolling stock, signals, train 

control and communication, human factors and railroad systems— 

in order to maximize rail safety gains and direct funding increases 

to research related to causes of recent accidents. 

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The agreement authorizes the Secretary to issue notes or other 

obligations pursuant to sections 501 through 504 of P.L. 94–210. 

The agreement prohibits new direct loans or loan guarantee commitments using Federal funds for the credit risk premium during 

fiscal year 2017, except for Federal funds awarded in accordance 

with section 3028(c) of P.L. 114–94. 

FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR GRANTS

The agreement provides $25,000,000, to remain available until 

expended, for grants authorized by section 24911 of title 49, United 

States Code, and allows the Secretary to withhold up to one percent for project management and oversight of these grants. The 

agreement directs FRA to consider the needs of the entire national 

rail network that meet the eligibility requirements of section 24911 

of title 49, United States Code. 
1733

CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

GRANTS

The agreement provides $68,000,000, to remain available until 

expended, for consolidated rail infrastructure and safety improvement grants authorized by 24407(c)(1) through 24407(c)(10) of title 

49 United States Code, of which at least 25 percent shall be available for projects in rural areas. Of the total amount provided, 

$10,000,000 shall be for projects eligible under section 24407(c)(2) 

of title 49, United States Code, that contribute to the initiation or 

restoration of intercity passenger rail service. The agreement allows the Secretary to withhold up to one percent for project management and oversight of these grants. 

RESTORATION AND ENHANCEMENT GRANTS

The agreement provides a total of $5,000,000, to remain available until expended, for restoration and enhancement grants authorized by section 24408 of title 49, U.S.C. The agreement allows 

the Secretary to withhold up to one percent for project management and oversight of these grants. 

THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)

The agreement directs Amtrak and FRA to submit a detailed 

congressional budget justification consistent with the structure authorized in P.L. 114–94, to the House and Senate Committees on 

Appropriations for fiscal year 2018. The agreement also directs 

FRA to coordinate with Amtrak to complete the feasibility study on 

establishing service at airports that are adjacent to the mainline of 

the Northeast Corridor no later than 60 days after enactment of 

this Act, and directs Amtrak to provide a report no later than 120 

days after enactment of this Act comparing actual food and beverage savings for fiscal year 2016 with projections. 

NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

The agreement provides $328,000,000 to allow the Secretary to 

make grants for activities associated with the Northeast Corridor 

(NEC), defined as the main line between Boston, Massachusetts 

and the District of Columbia, and the facilities and services used 

to operate and maintain the line. In addition, the agreement directs all operating profits related to the NEC to be assigned and 

used on the NEC, as required by section 24317(c)(1)(C) of title 49, 

United States Code. Amtrak projects a fiscal year 2017 net operating profit of $397,400,000 on the NEC, yielding a total funding 

level of $725,400,000 for the NEC. 

The agreement allows Amtrak to undertake new capital projects 

and encourages Amtrak to prioritize strategic rail infrastructure 

improvements at critical points in the rail network that would improve current services or create new capacity. 

The agreement allows Amtrak to transfer funding between the 

NEC and the National Network consistent with requirements 

under section 24317(f) and (g) of title 49, United States Code and 

requires Amtrak to report the amount of any transfer, the purpose, 
1734

and effect on services consistent with section 24317(g)(2) of title 49, 

United States Code. 

The agreement allows the Secretary to retain up to one-half of 

one percent of the total provided to Amtrak for project management and oversight costs and requires not less than $50,000,000 to 

bring Amtrak-served facilities and stations into compliance with 

the Americans with Disabilities Act. It also allows up to $5,000,000 

of the Northeast Corridor Grants to fund the Northeast Corridor 

Commission expenses. 

NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

The agreement provides $1,167,000,000 to allow the Secretary to 

make grants for activities associated with the National Network. 

National Network Grants provide operating and capital funding for 

expenses of Amtrak’s entire network, including long-distance routes 

that operate on the NEC. The agreement also provides that the 

Secretary may retain up to an additional $2,000,000 to fund expenses associated with the state supported route committee. 

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

Section 150 limits overtime to $35,000 per employee. The agreement allows Amtrak’s president to waive this restriction for specific 

employees for safety or operational efficiency reasons. Amtrak’s 

president is required to delineate the reasons for granting such 

waiver, provide quarterly reports within 30 days of the quarter’s 

end on cap waivers granted, and amounts paid above the cap for 

each month. The agreement also requires Amtrak’s president to 

provide an annual report by March 1, 2017 that summarizes Amtrak’s total overtime expenses incurred by the corporation in 2016 

and the three prior years, and the number of employees receiving 

overtime cap waivers and total overtime payments resulting from 

waivers by month of the 2016 calendar year and the three prior 

calendar years. 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

The agreement provides $113,165,000 for the administrative expenses of the Federal Transit Administration (FTA). 

TRANSIT FORMULA GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The agreement limits obligations from the Mass Transit Account 

for transit formula grants to $9,733,706,043 as authorized by the 

FAST Act. Funds are to be distributed as authorized. Further, the 

agreement provides $10,800,000,000 for the liquidation of contract 

authority.
1735

TECHNICAL ASSISTANCE AND TRAINING

The agreement provides $5,000,000 for research activities under 

49 U.S.C. 5314. 

CAPITAL INVESTMENT GRANTS

The agreement provides $2,412,631,000 for fixed-guideway projects. Further, the agreement directs FTA to use $117,839,000 

in recaptured funds for fixed-guideway projects. Of the funds provided, $1,459,790,000 is available for new starts projects with 

signed full funding grant agreements (FFGAs), $285,000,000 is 

available for new starts projects anticipated to enter into a signed 

FFGA in 2017, $100,000,000 is available for the signed core capacity project, $232,850,000 is available for projects anticipated to 

enter into a core capacity FFGA in 2017, $407,830,000 is available 

for small starts projects, $25,000,000 is available for oversight activities, and $20,000,000 is for an expedited project delivery pilot, 

as authorized by section 3005(b) of the FAST Act. The Secretary 

shall administer funding as directed in the following tables for each 

project funded within the existing FFGAs, new FFGAs, Core Capacity FFGAs, new Core Capacity FFGAs, and Small Starts categories.

Signed FFGAs 

California ............................ San Jose Silicon Valley Berryessa Extension ..................................... $100,000,000

California ............................ San Francisco Third Street Light Rail Central Subway ..................... 150,000,000 

California ............................ LA Regional Connector Transit Corridor ............................................. 100,000,000

California ............................ LA Westside Purple Line Extension .................................................... 100,000,000

California ............................ LA Westside Subway Extension Section 2 .......................................... 100,000,000

California ............................ San Diego Mid-Coast Light Rail Extension ........................................ 50,000,000

Colorado ............................. Denver RTD Eagle ............................................................................... 150,000,000 

Florida ................................. Central Florida Commuter Rail Transit Phase 2 South ..................... 16,060,000 

Hawaii ................................. Honolulu High Capacity Transit Corridor ........................................... 243,730,000

Massachusetts ................... Boston Green Line Extension .............................................................. 150,000,000

North Carolina .................... Charlotte Blue Line Extension ............................................................ 100,000,000

Oregon ................................ Portland—Milwaukie LRT ................................................................... 100,000,000

Texas ................................... Fort Worth TEX Rail ............................................................................ 100,000,000 

Signed FFGAs subtotal ............................................................................................................. $1,459,790,000 

New FFGAs 

California ............................ Santa Ana and Garden Grove Streetcar ............................................ $50,000,000

Maryland ............................. National Capital Purple Line .............................................................. 125,000,000

Minnesota ........................... Minneapolis Southwest LRT ............................................................... 10,000,000

Washington ......................... Seattle Lynnwood Link Extension ....................................................... 100,000,000

New FFGAs subtotal .. ............................................................................................................. $285,000,000 

Signed Core Capacity FFGA 

Illinois ................................. Chicago Red and Purple Modernization Phase 1 .............................. $100,000,000

Signed Core Capacity 

FFGA subtotal.

............................................................................................................. $100,000,000 

New Core Capacity FFGAs 

California ............................ San Carlos Peninsula Corridor Electrification Project ....................... $100,000,000 

New York ............................ Canarsie Power Improvements ........................................................... 83,680,000

Texas ................................... Dallas DART Red and Blue Line Platform Extension ......................... 49,170,000 

New Core Capacity 

FFGAs subtotal.

............................................................................................................. $232,850,000 

Small Starts 

Arizona ................................ Tempe Streetcar ................................................................................. $50,000,000 

California ............................ Sacramento Downtown Riverfront Streetcar ...................................... 50,000,000 
1736

Florida ................................. Fort Lauderdale Wave Streetcar ......................................................... 11,010,000

Florida ................................. Jacksonville First Coast Flyer East Corridor BRT ............................... 16,930,000

Indiana ............................... Indianapolis Red Line All-Electric BRT .............................................. 50,000,000

Michigan ............................. Grand Rapids, Laker Line BRT ........................................................... 56,810,000

Missouri .............................. Kansas City, Prospect MAX Bus Rapid Transit ................................. 29,890,000 

New Mexico ......................... Albuquerque Rapid Transit Project .................................................... 50,000,000

Washington ......................... Everett Swift II BRT ............................................................................ 43,190,000 

Washington ......................... Seattle Center City Connector ............................................................ 50,000,000

Small Starts subtotal ............................................................................................................. $407,830,000 

FTA is no longer directed to allocate no more than $100,000,000 

per project for core capacity, small starts, and expedited delivery 

projects. Furthermore, GAO is no longer directed to report on the 

construction costs of transit capital projects in the United States. 

GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT

AUTHORITY

The agreement provides $150,000,000 to carry out section 601 of 

division B of Public Law 110–432 to remain available until expended. Prior to approving grants, the Secretary shall certify 

WMATA is making progress to improve its safety management system in response to FTA’s 2015 safety management inspection. GAO 

is no longer directed to report on WMATA’s plans for future maintenance, repairs, and construction, or to evaluate safety improvement measures, efficiency, and cost-effectiveness. 

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

(INCLUDING RESCISSION)

Section 160 exempts previously made transit obligations from 

limitations on obligations. 

Section 161 allows funds provided in this Act for fixed guideway 

capital investment projects that remain unobligated by September 

30, 2021 be available for projects eligible to use the funds for the 

purposes for which they were originally provided. 

Section 162 allows for the transfer of appropriations made prior 

to October 1, 2016 from older accounts to be merged into new accounts with similar current activities. 

Section 163 prohibits funds in this Act from being used to advance a specific transit line in Harris County, Texas without benefit of a local election. 

Section 164 rescinds any unobligated balances from funding provided in fiscal year 2012 or earlier from the job access and reverse 

commute program, and makes them available for projects under 49 

U.S.C. 5309(q). 

Section 165 amends title 49 to create a rule allowing small transit operators to use urban area formula grants for operating assistance.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

The agreement provides $36,028,000 for the operations, maintenance, and capital asset renewal program of the Saint Lawrence 
1737

Seaway Development Corporation (SLSDC). SLSDC is directed to 

submit an annual report to the House and Senate Committees on 

Appropriations on its asset renewal program activities by April 30, 

2017.

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

The agreement provides the authorized level of $300,000,000 for 

the maritime security program. Funds are available until expended.

OPERATIONS AND TRAINING

The agreement provides a total of $175,560,000 for the Maritime 

Administration’s (MARAD) operations and training account. 

For the U.S. Merchant Marine Academy (USMMA), the bill provides a total of $83,218,000. Of the funds provided, $69,000,000 is 

for Academy operations, $14,218,000 is for the capital improvement 

program, $3,000,000 of which is for maintenance, repairs and 

equipment. The agreement directs MARAD to utilize the resources 

provided to fully meet the staffing, support and training needs at 

the Academy to address the prevention of sexual assault and sexual harassment. 

The agreement provides a total of $35,200,000 for the state maritime academies, of which $3,000,000 is for direct payments, 

$2,400,000 is for student incentive payments, $22,000,000 is for 

schoolship maintenance and repair, $6,000,000 is for the design of 

a new common schoolship, and $1,800,000 is for fuel assistance. 

Finally, the agreement provides a total of $57,142,000 for 

MARAD headquarters, regional offices, and maritime program expenses. Of the funds provided, $3,000,000 is for the maritime environmental and technical assistance program as authorized by 46 

U.S.C. 50307, and $5,000,000 is for the short sea transportation 

program authorized by 46 U.S.C 55601(b)(1) and (3). The agreement directs MARAD to manage its headquarters and regional office resources within the amounts provided and to detail any 

changes from the budget request in the operating plan. 

The agreement requires MARAD to submit the biennial survey 

and report on sexual assault and sexual harassment at the Academy as required pursuant to section 3507 of P.L. 110–418 to the 

House and Senate Committees on Appropriations no later than 

January 12, 2018. Further, the agreement directs the Inspector 

General to continue to review the implementation of the Secretary’s 

sexual assault and sexual harassment action plan. 

ASSISTANCE TO SMALL SHIPYARDS

The agreement provides $10,000,000 for the small shipyard grant 

program. Funds remain available until expended. 

SHIP DISPOSAL

The agreement provides $34,000,000, to remain available until 

expended, for the disposal of obsolete vessels of the National Defense Reserve Fleet. The agreement directs that $24,000,000 is for 
1738

the decommissioning of the N.S. Savannah, and the remaining 

$10,000,000 be used to first dispose of ships held in the Suisun Bay 

Reserve Fleet to comply with the April 2010 California court consent decree. 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The agreement provides a total of $3,000,000 for the Title XI program. This amount shall be transferred to MARAD’s operations 

and training account for administrative expenses. 

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

Section 170 authorizes MARAD to furnish utilities and services 

and make necessary repairs in connection with any lease, contract, 

or occupancy involving Government property under control of 

MARAD, and allow payments received to be credited to the Treasury and remain available until expended. 

Section 171 prohibits a fee-for-service contract for vessel disposal, 

scrapping or recycling unless a qualified domestic ship recycler will 

pay for the vessel. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

OPERATIONAL EXPENSES

The agreement provides $22,500,000 for the necessary operational expenses of the Pipeline and Hazardous Materials Safety 

Administration (PHMSA). Within this amount, the agreement includes $1,500,000 for Pipeline Safety Information Grants to Communities as authorized under section 60130 of title 49, United 

States Code. 

Comprehensive oil spill response plans.—PHMSA is directed to 

issue a final rulemaking to expand the applicability of comprehensive oil spill response plans no later than August 1, 2017. 

HAZARDOUS MATERIALS SAFETY

The agreement provides $57,000,000 for the agency’s hazardous 

materials safety functions. Of this amount, $7,570,000 shall be 

available until September 30, 2019, and $800,000 in fees collected 

under 49 U.S.C. 5108(g) shall be deposited in the general fund as 

offsetting receipts. Funds made available until September 30, 2019 

are for long-term research and development contracts. 

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

The agreement provides $156,288,000 for pipeline safety. Of that 

amount, $20,288,000 is derived from the oil spill liability trust 

fund, to remain available until September 30, 2019, $128,000,000 

is derived from the pipeline safety fund, of which $63,335,000 is 

available until September 30, 2019, and $8,000,000 is derived from 

the Underground Natural Gas Storage Facility Safety Account of 
1739

the Pipeline Safety Fund for the purpose of carrying out section 12 

of the PIPES Act of 2016, of which $6,000,000 is available until 

September 30, 2019. The agreement includes $12,000,000 for research and develop- ment, of which up to $2,000,000 is for the pipeline safety research 

competitive academic agreement program. The agreement also includes $52,559,000 for state pipeline safety grants, $1,500,000 for 

state damage prevention grants, and $1,058,000 for the one-call 

state grant program. The agreement includes full funding for additional FTE provided in fiscal year 2016 but does not include funding increases for additional personnel requested for fiscal year 

2017.

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

The agreement provides an obligation limitation of $28,318,000 

for emergency preparedness grants. The agreement provides 

PHMSA the authority to use prior year carryover and recaptures 

to develop a hazardous materials response training curriculum for 

emergency responders, and to carry out activities authorized by 46 

U.S.C. 5116(a)(1)(C) and 5116(i). Further, the amount of funding 

provided under this account that is available for administrative 

costs is increased from 2 percent to 4 percent. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The agreement provides $90,152,000 for the salaries and expenses for the Office of Inspector General. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

Section 180 provides authorization for DOT to maintain and operate aircraft, hire passenger motor vehicles and aircraft, purchase 

liability insurance, buy uniforms, or allowances therefor. 

Section 181 limits appropriations for services authorized by 5 

U.S.C. 3109 to the rate permitted for an Executive Level IV. 

Section 182 prohibits more than 110 political and Presidential 

appointees in DOT, and restricts the detailing of these personnel 

outside of DOT. 

Section 183 prohibits recipients of funds in this Act from disseminating personal information obtained by state DMVs in connection 

to motor vehicle records with an exception. 

Section 184 stipulates that revenue collected by FHWA and FRA 

from States, counties, municipalities, other public authorities, and 

private sources for training be transferred into specific accounts 

within the agency with an exception. 

Section 185 prohibits DOT from using funds for grants of 

$500,000 or more from any mode at DOT, unless DOT gives a 3- 

day advance notice to the House and Senate Committees on Appropriations. Also requires notice of any ‘‘quick release’’ of funds from 

FHWA’s emergency relief program, and prohibits notifications from 

involving funds not available for obligation. Requires DOT to provide a comprehensive list of all loans, loan guarantees, lines of 
1740

credit, and discretionary grants that will be announced with a 3- 

day advance notice to the House and Senate Committees on Appropriations.

Section 186 allows funds received from rebates, refunds, and 

similar sources to be credited to appropriations of DOT. 

Section 187 allows amounts from improper payments to a third 

party contractor that are lawfully recovered by DOT to be made 

available to cover expenses incurred in recovery of such payments. 

Section 188 requires that reprogramming actions have to be approved or denied by the House and Senate Committees on Appropriations, and reprogramming notifications shall be transmitted 

solely to the Appropriations Committees. 

Section 189 allows funds appropriated to modal administrations 

to be obligated for the Office of the Secretary for costs related to 

assessments only when such funds provide a direct benefit to that 

modal administration. 

Section 190 authorizes the Secretary to carry out a program that 

establishes uniform standards for developing and supporting agency transit pass and transit benefits, including distribution of transit benefits. 

Section 191 prohibits the use of funds to implement any geographic, economic, or other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and 

delays in transportation plans. 

Section 192 amends section 5303(r)(2)(C) of title 49, United 

States Code regarding a bi-state metropolitan planning organization.

TITLE II—DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT

MANAGEMENT AND ADMINISTRATION

EXECUTIVE OFFICES

The agreement includes $14,000,000 for the salaries and expenses for Executive Offices, which shall be comprised of seven offices including Offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the 

Center for Faith-Based and Neighborhood Partnerships. The agreement includes a provision limiting official reception and representation expenses to no more than $25,000. No funding is provided for 

the Departmental Enforcement Center (DEC) under this heading. 

Departmental Enforcement Center.—The agreement does not remove the DEC from the Office of General Counsel and require the 

DEC to report directly to the Deputy Secretary. Instead, the Government Accountability Office (GAO) is directed to assess the effectiveness of the DEC to meet the goal of resolving issues of non-compliance with requirements for owners of public housing and multifamily housing properties, including physical and financial noncompliance. GAO is further directed to report its findings to the 

House and Senate Committees on Appropriations within 180 days 

of enactment of this Act. 
1741

The Department is directed to report to the House and Senate 

Committees on Appropriations within 60 days of enactment of this 

Act on the results of reviews of Memoranda of Understanding between the DEC and program offices, and shall also include in that 

same report responses to the Office of Inspector General’s evaluation of the DEC and any related recommendations. 

ADMINISTRATIVE SUPPORT OFFICES

The agreement provides $517,647,000 for Administrative Support 

Offices. Funds are provided as follows: 

Office of the Chief Financial Officer ............................................................................................................. $53,000,000 

Office of the General Counsel ........................................................................................................................ 95,250,000 

Office of Administration ................................................................................................................................. 206,500,000 

Office of the Chief Human Capital Officer .................................................................................................... 40,250,000 

Office of Field Policy and Management ......................................................................................................... 51,000,000 

Office of the Chief Procurement Officer ........................................................................................................ 18,067,000 

Office of Departmental Equal Employment Opportunity ................................................................................ 3,830,000 

Office of Strategic Planning and Management ............................................................................................. 4,500,000 

Office of the Chief Information Officer .......................................................................................................... 45,250,000 

Total ....................................................................................................................................................... $517,647,000 

The agreement provides that, of the amounts provided for the Office of Administration, no less than $4,500,000 is for the cost of 

consolidation and reconfiguration of space in the Weaver Building, 

in accordance with the space consolidation plan. 

PROGRAM OFFICE SALARIES AND EXPENSES

PUBLIC AND INDIAN HOUSING

The agreement provides $216,000,000 for the salaries and expenses for the Office of Public and Indian Housing. 

COMMUNITY PLANNING AND DEVELOPMENT

The agreement provides $110,000,000 for the salaries and expenses for the Office of Community Planning and Development. 

HOUSING

The agreement provides $392,000,000 for the salaries and expenses for the Office of Housing. Of this amount, $5,000,000 is provided for Federal Housing Administration quality assurance, compliance, and portfolio analytics improvements, as requested in the 

President’s Budget. 

POLICY DEVELOPMENT AND RESEARCH

The agreement provides $24,000,000 for the salaries and expenses for the Office of Policy Development and Research. 

FAIR HOUSING AND EQUAL OPPORTUNITY

The agreement provides $72,000,000 for the salaries and expenses for the Office of Fair Housing and Equal Opportunity. 
1742

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

The agreement provides $9,353,000 for the salaries and expenses 

for the Office of Lead Hazard Control and Healthy Homes. 

WORKING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

The agreement includes an account entitled ‘‘Working Capital 

Fund’’ and provides the Secretary with the authority to transfer 

amounts provided in this title for salaries and expenses, except 

those for the Office of Inspector General, to this account for the 

purpose of funding centralized activities. 

PUBLIC AND INDIAN HOUSING

TENANT–BASED RENTAL ASSISTANCE

The agreement provides $20,292,000,000 for all tenant-based 

Section 8 activities under the Tenant-Based Rental Assistance Account, to remain available until expended. Of this amount, 

$16,292,000,000 is available on October 1, 2016, and 

$4,000,000,000 is available on October 1, 2017. Language is included designating funds provided as follows: 

Activity Agreement 

Voucher Renewals ................................................................................................................................ $18,355,000,000 

Tenant Protection Vouchers .................................................................................................................. 110,000,000 

Administrative Fees .............................................................................................................................. 1,650,000,000 

Section 811 Vouchers ........................................................................................................................... 120,000,000 

Tribal HUD–VASH renewals .................................................................................................................. 7,000,000 

HUD–VASH Incremental Vouchers ........................................................................................................ 40,000,000 

Family Unification Program Vouchers .................................................................................................. 10,000,000 

The agreement includes a provision requiring the notification of 

obligations to Public Housing Authorities (PHAs) no later than 60 

days after enactment of this Act or by March 1, 2017. 

The agreement includes language that allows the Secretary to 

consider PHAs’ net restricted assets (NRA) balances when determining allocations. The agreement provides $120,000,000 for Section 811 main- stream vouchers, an increase of $10,000,000 above the budget request. These resources will support Section 811 mainstream voucher renewals and related administrative fees, and remaining funding will provide additional vouchers and related administrative fees 

for non-elderly disabled individuals. The agreement includes $40,000,000 for new incremental vouchers under the HUD–Veterans Affairs Supportive Housing Program 

(HUD–VASH).

The agreement includes $10,000,000 for new incremental Family 

Unification Program (FUP) vouchers. 

The agreement amends the Senate Report 114–243 directive for 

HUD to establish and implement a process that improves data collection and analysis of actions PHAs are taking to comply with 

lead-based paint regulations in housing choice voucher units. The 

agreement requires HUD to provide this report by June 30, 2017, 
1743

and report semi-annually to the Committees on Appropriations on 

its progress. 

HOUSING CERTIFICATE FUND

(INCLUDING RESCISSIONS)

The agreement includes language allowing unobligated balances 

in the Housing Certificate Fund to be used for renewal of or 

amendments to section 8 project-based contracts and for performance-based contract administrators. 

PUBLIC HOUSING CAPITAL FUND

The agreement provides $1,941,500,000 for the Public Housing Capital Fund. The agreement provides up to $10,000,000 for Public 

Housing Financial and Physical Assessment activities, up to 

$1,000,000 for administrative and judicial receiverships, not to exceed $21,500,000 for emergency capital needs, of which not less 

than $5,000,000 is for safety and security measures, $35,000,000 

for supportive services, service coordinators and congregate services, and up to $15,000,000 for the Jobs-Plus Pilot initiative. 

The agreement amends the Senate Report 114–243 directive for 

HUD to establish and implement a process that improves data collection and analysis of actions PHAs are taking to comply with 

lead-based paint regulations in public housing units. The agreement requires HUD to provide this report by June 30, 2017, and 

report semi-annually to the House and Senate Committees on Appropriations on its progress. 

The Department is directed to submit to the House and Senate 

Committees on Appropriations within 90 days of enactment of this 

Act a report on Real Estate Assessment Center (REAC) inspections 

of all HUD assisted and or insured properties. This report shall include: the percentage of all inspected properties that received a 

REAC-inspected score of less than 65 since calendar year 2013; the 

number of properties in which the most recent REAC-inspected 

score represented a decline relative to the previous REAC score; a 

list of the 10 metropolitan statistical areas with the lowest average 

REAC-inspected scores for all inspected properties; and a list of the 

10 States with the lowest average REAC-inspected scores for all inspected properties. 

The Government Accountability Office is directed to report to the 

House and Senate Committees on Appropriations within 180 days 

of enactment of this Act on REAC. This evaluation shall assess the 

effectiveness of: REAC inspections of HUD assisted and or insured 

properties; HUD’s selection and oversight of contractors that perform physical inspections; the property selection process; and enforcement mechanisms. 

PUBLIC HOUSING OPERATING FUND

The agreement provides $4,400,000,000 for the Public Housing 

Operating Fund. 

CHOICE NEIGHBORHOODS INITIATIVE

The agreement provides $137,500,000 for the Choice Neighborhoods Initiative. The agreement includes language requiring that 
1744

no less than $50,000,000 be made available to Public Housing Authorities, and provides up to $5,000,000 to assist communities in 

developing strategies for implementing the program with community notice and input. 

The Secretary is directed to give priority consideration to grantees that have been previously awarded planning grants when making implementation grant awards. 

FAMILY SELF–SUFFICIENCY

The agreement provides $75,000,000 for the Family Self-Sufficiency (FSS) program to support service coordinators who serve 

residents in both the public housing and voucher programs. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

The agreement provides $654,000,000 for Native American Housing Block Grants, to remain available until September 30, 2021. 

The agreement provides $3,500,000 for training and technical assistance, with no less than $2,000,000 for a national organization 

as authorized by section 703 of NAHASDA. The agreement provides $3,500,000 for inspections, contracting expertise, training, 

and technical assistance related to funding provided for the needs 

of Native Americans; and $2,000,000 to subsidize a loan level of 

$17,857,142, as authorized by title VI of NAHASDA. 

The agreement includes language to withhold a tribes’ formula 

allocation funding from any grantee that has an unexpended balance greater than the sum of its prior three years’ formula allocation, unless the grantee’s formula allocation is less than 

$5,000,000.

The agreement does not include direction included in the Senate 

Report 114–243 preventing technical assistance funds provided in 

this account from being awarded as part of the Department’s Community Compass initiative. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

The agreement provides $7,227,000, to remain available until expended, to subsidize a total loan level of up to $1,762,682,927. 

Within these amounts, $1,727,000 is provided for the cost of guaranteed loans for the construction of rental housing for law enforcement, healthcare, educational, technical and other skilled workers, 

to subsidize loan principal up to $421,219,512. 

NATIVE HAWAIIAN HOUSING BLOCK GRANT

The agreement provides $2,000,000 for the Native Hawaiian 

Housing Block Grant program, to remain available until September 

30, 2021. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

The agreement provides $356,000,000 for the housing opportunities for persons with AIDS program, to remain available until September 30, 2018, except for amounts allocated pursuant to 854(c)(5) 

which are available until September 30, 2019. The agreement in-
1745

cludes a provision that requires HUD to renew all expiring supportive housing contract commitments made in fiscal year 2010 and 

prior years that meet all program requirements before awarding 

funds for any new contract commitments. 

COMMUNITY DEVELOPMENT FUND

The agreement provides $3,060,000,000 for the community development fund, to remain available until September 30, 2019. Of the 

total, the agreement provides $3,000,000,000 in formula funding 

and $60,000,000 for Indian tribes, of which up to $4,000,000 is 

available for imminent health and safety emergencies. 

COMMUNITY DEVELOPMENT LOAN GUARANTEES

PROGRAM ACCOUNT

The agreement does not provide a credit subsidy for this program, but instead provides the authority to collect fees from borrowers adequate to result in a subsidy cost of zero. The agreement 

also provides an aggregate limitation on commitments of no more 

than $300,000,000 for loan guarantees under section 108. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

The agreement provides $950,000,000, to remain available until 

September 30, 2020, for the home investment partnerships program.

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

The agreement provides a total of $54,000,000 for this account, 

of which $50,000,000 shall remain available until September 30, 

2019, in the following amounts and for the following purposes: 

$10,000,000 for the self-help and assisted homeownership opportunity program; $35,000,000 for the second, third and fourth capacity building activities authorized under section 4(a) of the HUD 

Demonstration Act of 1993, of which not less than $5,000,000 shall 

be for rural capacity building activities; and $5,000,000 for capacity 

building activities by national organizations with expertise in rural 

housing development. The remaining $4,000,000 is available until 

expended for a program to rehabilitate and modify homes of disabled or low-income veterans as authorized under section 1079 of 

Public Law 113–291. 

HOMELESS ASSISTANCE GRANTS

The agreement provides $2,383,000,000, to remain available until 

September 30, 2019, for homeless assistance grants. Of the amount 

provided, not less than $310,000,000 is for the emergency solutions 

grants program, of which, $40,000,000 shall be for grants for rapid 

re-housing or other critical activities to assist communities that lost 

significant capacity to serve the homeless after January 1, 2016; 

not less than $2,018,000,000 shall be for the continuum of care and 

rural housing stability assistance programs; up to $12,000,000 

shall be for the national homeless data analysis project; and up to 

$43,000,000 shall be for projects in up to 11 communities to demonstrate how a comprehensive approach to serving homeless youth 
1746

can reduce youth homelessness. Of the amounts provided for the 

national homeless data analysis project, no less than $5,000,000 

shall be used for competitive grants to continuum of care grantees 

to improve their homeless management information systems, including improvements to physical infrastructure, functionality, 

data collection, data quality, and data analysis. 

HOUSING PROGRAMS

PROJECT-BASED RENTAL ASSISTANCE

The agreement provides $10,416,000,000 for project-based rental 

assistance activities, of which not to exceed $235,000,000 is for performance-based contract administrators. The agreement also provides an additional advance appropriation of $400,000,000 to be 

made available on October 1, 2017. The agreement allows the Secretary to use project funds held in residual receipt accounts, unobligated balances, including recaptures, and carryover for program activities.

HOUSING FOR THE ELDERLY

The agreement provides $502,400,000 for the section 202 program to be available until September 30, 2020, of which 

$10,000,000 is for new capital advances and project-based rental 

assistance contracts, or for new senior preservation rental assistance contracts, and up to $75,000,000 shall be for service coordinators and existing congregate service grants. The appropriation plus 

carryover balances and residual receipts fully funds all renewal, 

amendments, and property inspections of project-based rental assistance contracts; senior preservation rental assistance contracts; 

service coordinators; and existing congregate service grants. 

HOUSING FOR PERSONS WITH DISABILITIES

The agreement provides $146,200,000 for the section 811 program to be available until September 30, 2020. The appropriation 

plus carryover balances and residual receipts fully funds all 

project-based rental assistance contract amendments and renewals. 

The agreement does not allow the Secretary to use these resources 

for any other purpose than renewals, amendments, and property 

inspections.

HOUSING COUNSELING ASSISTANCE

The agreement provides $55,000,000 for housing counseling assistance, including up to $4,500,000 for administrative contract 

services, to remain available until September 30, 2018. The agreement requires the Secretary to award grants within 180 days of enactment of this Act, and allows the Secretary to enter into 

multiyear grant agreements, subject to the availability of annual 

appropriations.

RENTAL HOUSING ASSISTANCE

The agreement provides $20,000,000 for the rental housing assistance program and allows HUD to use funds, including unobli-
1747

gated balances and recaptured amounts, for one year contract extensions.

PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

The agreement provides $10,500,000 for the manufactured housing standards programs, of which $10,500,000 is to be derived from 

fees collected and deposited in the Manufactured Housing Fees 

Trust Fund. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

The agreement establishes a limitation of $400,000,000,000 on 

commitments to guarantee single-family loans during fiscal year 

2017, and provides that such commitment authority shall be available until September 30, 2018. The agreement also provides 

$130,000,000 for administrative contract expenses, and provides an 

additional $1,400 for administrative contract expenses up to 

$30,000,000, for each $1,000,000 in additional guaranteed loan 

commitments, if guaranteed loan commitment levels exceed 

$200,000,000,000 by April 1, 2017. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

The agreement establishes a $30,000,000,000 limitation on multifamily and specialized loan guarantees during fiscal year 2017, and 

provides that such commitment authority shall be available until 

September 30, 2018. 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES

LOAN GUARANTEE PROGRAM ACCOUNT

The agreement establishes a limitation of up to $500,000,000,000 

for new commitments during fiscal year 2017, which shall be available until September 30, 2018. The agreement also provides 

$23,000,000 for salaries and expenses for the Government National 

Mortgage Association during fiscal year 2017. The agreement increases salaries and expenses by $100 for each $1,000,000 in additional guaranteed loan commitments, up to a maximum of 

$3,000,000, if guaranteed loan commitments exceed 

$155,000,000,000 by April 1, 2017. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

The agreement provides $89,000,000 for research and technology 

activities, and technical assistance, available until September 30, 

2018.

The agreement provides $16,000,000 for both on-going and new 

research, demonstrations, and evaluations. HUD is directed to provide $6,000,000 for a Moving to Work demonstration evaluation, 

$1,350,000 for phase three of a pre-purchase counseling demonstration, $6,000,000 for continued evaluation of rent reform, $300,000 
1748

for the family options analysis, and $1,000,000 for a CDBG small 

community income study. The agreement provides not less than $23,000,000 for technical 

assistance.

Further, $41,500,000 is provided for various housing market sur- veys and $8,500,000 is for other research support, studies and partnerships, of which $5,700,000 is for research support and dissemination, $600,000 is for data acquisition, $1,000,000 is for housing 

finance studies, $1,000,000 is for research partnerships, and 

$200,000 is for housing technology. 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

The agreement provides $65,300,000 for fair housing activities, of which $39,200,000 is for the Fair Housing Initiatives Program 

(FHIP), $24,300,000 is for the Fair Housing Assistance Program, 

$1,500,000 is for the National Fair Housing Training Academy, and 

$300,000 is for translated materials. Of the funds available for 

FHIP, not less than $7,450,000 is available for education and outreach programs. The agreement directs HUD to ensure that the fiscal year 2018 congressional justification includes the same level of 

detail as the fiscal year 2016 congressional justification and include 

substantive detail on the need for any new programs or activities 

in its operating plan. 

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

LEAD HAZARD REDUCTION

The agreement provides $145,000,000 for the lead hazard control and healthy homes programs. Of the total, $30,000,000 is provided 

for the healthy homes initiative, and $55,000,000 shall be made 

available on a competitive basis for areas with the highest leadbased paint abatement needs. 

The agreement no longer directs HUD to implement a lead inspection standard in assisted housing that is more stringent than 

the current visual inspection standard. The agreement directs the 

Government Accountability Office to report to the House and Senate Committees on Appropriations within one year of the date of 

enactment of this Act on: 

1. The effectiveness of Federal programs for addressing leadbased paint hazards in dwellings; 

2. Current partnerships between public housing agencies 

(including State housing finance agencies) and public health 

agencies to address lead-based paint hazards, and determine 

whether those partnerships could be replicated and enhanced 

through improved data collection, analysis, and dissemination 

among stakeholders; 

3. Gaps in compliance and enforcement of HUD’s lead-based 

paint regulations; 

4. Opportunities for improving coordination and leveraging 

of public and private funds in order to reduce the Federal costs 

associated with identifying and remediating lead-based paint 

hazards;
1749

5. The effectiveness and efficiency of existing HUD protocols 

for identifying and addressing lead-based paint hazards, and 

determine whether those protocols are aligned with accepted 

environmental health practices to ensure the best and appropriate health outcomes and to reduce further exposure; and 

6. HUD’s process for assessing risks of lead-based paint hazards during initial and periodic inspections in dwellings occupied by households assisted under the Section 8 Housing 

Choice Voucher program and the impact, if any, on landlord 

participation and the availability of affordable housing. 

INFORMATION TECHNOLOGY FUND

The agreement provides $257,000,000 for the Information Tech- nology Fund, of which $250,000,000 is available until September 

30, 2018, and $7,000,000 is available until September 30, 2019. 

The agreement does not include additional funding for the development, modernization, and enhancement of the next generation 

management system. Instead, $3,000,000 is provided to improve 

the housing choice voucher cash management capability. In addition, $4,000,000 is provided for the Federal Housing Administration modernization. 

OFFICE OF INSPECTOR GENERAL

The agreement provides $128,082,000 for the necessary expenses 

of the Office of Inspector General. The agreement clarifies that 

HUD OIG review, audit, and report on its findings and recommendations to the House and Senate Committees on Appropriations of all events related to the Order and Remedy, FMCS No. 03– 

07743, issued on January 10, 2012, otherwise known as Fair and 

Equitable Pay, required by House Report 114–606, shall not begin 

until after the conclusion of all related litigation, including litigation before the Federal Labor Relations Authority and any Federal 

court.

GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS)

(INCLUDING RESCISSION)

Section 201 splits overpayments evenly between Treasury and 

State Housing Finance Agencies. 

Section 202 prohibits funds from being used to investigate or 

prosecute lawful activities under the Fair Housing Act. 

Section 203 makes a technical correction to HOPWA authorizing 

provisions designed to provide year-over-year funding stability 

across grantees. 

Section 204 requires any grant or cooperative agreement to be 

made on a competitive basis, unless otherwise provided, in accordance with Section 102 of the Department of Housing and Urban 

Development Reform Act of 1989. 

Section 205 relates to the availability of funds for services and 

facilities for GSEs and others subject to the Government Corporation Control Act and the Housing Act of 1950. 
1750

Section 206 prohibits the use of funds in excess of the budget estimates, unless provided otherwise. 

Section 207 relates to the expenditure of funds for corporations 

and agencies subject to the Government Corporation Control Act. 

Section 208 requires the Secretary to provide quarterly reports 

on uncommitted, unobligated, recaptured, and excess funds in each 

departmental program and activity. 

Section 209 requires the Administration’s budget and HUD’s 

budget justifications for fiscal year 2018 be submitted in the identical account and sub-account structure provided in this Act. 

Section 210 exempts GNMA from certain requirements of the 

Federal Credit Reform Act of 1990. 

Section 211 authorizes HUD to transfer debt and use agreements 

from an obsolete project to a viable project, provided that no additional costs are incurred and other conditions are met. 

Section 212 sets forth requirements for Section 8 voucher assistance eligibility, and includes consideration for persons with disabilities.

Section 213 distributes Native American Housing Block Grants 

to the same Native Alaskan recipients as in fiscal year 2005. 

Section 214 authorizes the Secretary to insure mortgages under 

Section 255 of the National Housing Act. 

Section 215 instructs HUD on managing and disposing of any 

multifamily property that is owned or held by HUD. 

Section 216 allows the Section 108 loan guarantee program to 

guarantee notes or other obligations issued by any State on behalf 

of non-entitlement communities in the State. 

Section 217 allows PHAs that own and operate 400 or fewer 

units of public housing to be exempt from asset management requirements.

Section 218 restricts the Secretary from imposing any requirements or guidelines relating to asset management that restrict or 

limit the use of capital funds for central office costs, up to the limit 

established in QHWRA. 

Section 219 requires that no employee of the Department shall 

be designated as an allotment holder unless the CFO determines 

that such employee has received certain training. 

Section 220 requires the Secretary to publish all notice of funding availability that is competitively awarded on the internet for 

fiscal year 2017. 

Section 221 requires attorney fees for programmatic litigation to 

be paid from the individual program office and Office of General 

Counsel salaries and expenses appropriations, and requires the Department to submit a spend plan to the House and Senate Committees on Appropriations. 

Section 222 allows the Secretary to transfer up to 10 percent of 

funds or $4,000,000, whichever is less, appropriated under the 

headings ‘‘Administrative Support Offices’’ or ‘‘Program Office Salaries and Expenses’’ to any other office funded under such headings. 

Section 223 requires HUD to take certain actions against owners 

receiving rental subsidies that do not maintain safe properties. 

Section 224 places a salary and bonus limit on public housing 

agency officials and employees. 
1751

Section 225 prohibits the use of funds for the doctoral dissertation research grant program at HUD. 

Section 226 extends the HOPE VI program to September 30, 

2017.

Section 227 requires the Secretary to notify the House and Senate Committees on Appropriations at least 3 full business days before grant awards are announced. 

Section 228 prohibits funds to be used to require or enforce the 

Physical Needs Assessment (PNA). 

Section 229 prohibits the use of funds to implement the Homeowners Armed with Knowledge (HAWK) program. 

Section 230 prohibits funds for HUD financing of mortgages for 

properties that have been subject to eminent domain. 

Section 231 prohibits the use of funds to terminate the status of 

a unit of general local government as a metropolitan city with respect to grants under section 106 of the Housing and Community 

Development Act of 1974. 

Section 232 allows funding for research, evaluation, and statistical purposes that is unexpended at the time of completion of the 

contract, grant, or cooperative agreement to be reobligated for additional research. 

Section 233 prohibits funds to be used for financial awards for 

employees subject to administrative discipline in fiscal years 2016 

or 2017. 

Section 234 authorizes the Secretary on a limited basis to use 

funds available under the ‘‘Homeless Assistance Grants’’ heading to 

participate in the multiagency Performance Partnership Pilots program.

Section 235 allows program income as an eligible match for 2015, 

2016, and 2017 Continuum of Care funds. 

Section 236 permits HUD to provide one year transition grants 

under the continuum of care program with no more than 50 percent of the grant provided for costs of eligible activities of the program component originally funded. 

Section 237 modifies the Lead-Based Paint Poisoning Prevention 

Act to remove the ‘‘zero-bedroom dwellings’’ exclusion and amends 

the Residential Lead-Based Paint Hazard Reduction Act to include 

‘‘zero-bedroom dwellings’’. 

Section 238 repeals section 211 of the Department of Housing 

and Urban Development Appropriations Act, 2008. 

Section 239 modifies the Rental Assistance Demonstration included in Public Law 112–55. 

Section 240 permits HUD to implement section 78001 of title 

LXXVIII of Public Law 114–94 through notice while undertaking 

rulemaking processes. 

Section 241 permits HUD to renew a grant originally awarded as 

part of Public Law 110–252. 

Section 242 prohibits section 218(g) of the Cranston-Gonzalez 

National Affordable Housing Act to apply with respect to the 

HOME Investment Partnership Program Funds that otherwise expired or would expire in 2016, 2017, 2018, or 2019. 

Section 243 prohibits the use of funds to direct a grantee to undertake specific changes to existing zoning laws as part of carrying 

out the final rule entitled, ‘‘Affirmatively Furthering Fair Housing’’ 
1752

or the notice entitled, ‘‘Affirmatively Furthering Fair Housing Assessment Tool’’. 

TITLE III—RELATED AGENCIES 

ACCESS BOARD

SALARIES AND EXPENSES

The agreement provides $8,190,000 for the salaries and expenses 

of the Access Board. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

The agreement provides $27,490,000 for the salaries and expenses of the Federal Maritime Commission, of which not more 

than $2,000 may be available for official reception and representation expenses. Of the funds provided, not less than $552,024 is 

available for the Office of Inspector General. 

NATIONAL RAILROAD PASSENGER CORPORATION

OFFICE OF THE INSPECTOR GENERAL

SALARIES AND EXPENSES

The agreement provides $23,274,000 for the Office of the Inspector General for Amtrak. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

The agreement provides $106,000,000 for the salaries and expenses of the National Transportation Safety Board. 

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

The agreement provides $140,000,000 for the Neighborhood Reinvestment Corporation, of which $5,000,000 shall be for a multi-family rental housing program. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

The agreement provides $37,000,000 for the salaries and expenses of the Surface Transportation Board, of which $2,046,000 is 

for information technology system improvements. The agreement 

permits the collection of up to $1,250,000 in user fees to be credited 

to the appropriation. The agreement provides that the general fund 

appropriation be reduced on a dollar-for-dollar basis by the actual 

amount collected in user fees to result in a final appropriation from 

the general fund estimated at no more than $35,750,000. 
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UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

The agreement provides $3,600,000 for operating expenses of the 

United States Interagency Council on Homelessness (USICH) and 

extends the statutory sunset date for the agency to October 1, 

2018.

The USICH is directed to submit a report to the House and Senate Committees on Appropriations within one year of enactment of 

this Act that assesses how Federal housing programs and Federal 

health programs could better collaborate to reduce costs and improve health and housing outcomes. USICH is directed to give particular attention to outcomes for the following populations: chronically homeless individuals; homeless individuals with behavioral 

health conditions; and homeless children, including infants, in families that either receive housing assistance under programs administered by the Federal government or could benefit from grant programs administered by the Federal government. 

TITLE IV 

GENERAL PROVISIONS—THIS ACT 

(INCLUDING RESCISSIONS)

Section 401 prohibits pay and other expenses for non-Federal 

parties intervening in regulatory or adjudicatory proceedings. 

Section 402 prohibits obligations beyond the current fiscal year 

and prohibits transfers of funds unless expressly so provided herein.

Section 403 limits consulting service expenditures in procurement contracts to those contained in the public record. 

Section 404 prohibits employee training not directly related to 

the performance of official duties. 

Section 405 specifies requirements for reprogramming funds. 

Section 406 provides that fifty percent of unobligated balances 

for salaries and expenses may remain available for certain purposes, subject to the approval of the House and Senate Committees 

on Appropriations. 

Section 407 prohibits the use of funds for any project that seeks 

to use the power of eminent domain, unless eminent domain is employed only for a public use. 

Section 408 prohibits funds from being transferred to any department, agency, or instrumentality of the U.S. Government, except 

where transfer authority is provided in this Act. 

Section 409 prohibits funds in this Act from being used to permanently replace an employee intent on returning to his or her past 

occupation after completion of military service. 

Section 410 prohibits funds in this Act from being used unless 

the expenditure is in compliance with the Buy American Act. 

Section 411 prohibits funds from being appropriated or made 

available to any person or entity that has been convicted of violating the Buy American Act. 
1754

Section 412 prohibits funds for first-class airline accommodations 

in contravention of sections 301–10.122 and 301–10.123 of title 41 

CFR.

Section 413 prohibits funds from being used for the approval of 

a new foreign air carrier permit or exemption application if that 

approval would contravene United States law or Article 17 bis of 

the U.S.-E.U.-Iceland-Norway Air Transport Agreement. 

Section 414 restricts the number of employees that agencies 

funded in this Act may send to international conferences. 

Section 415 prohibits funds from being used to lease or purchase 

new light duty vehicles for any executive fleet or an agency’s fleet 

inventory, except in accordance with Presidential MemorandumFederal Fleet Performance, dated May 24, 2011. 

Section 416 caps the amount of fees the Surface Transportation 

Board can charge and collect for rate or practice complaints filed 

at the amount authorized for court civil suit filing fees. 

Section 417 rescinds all unobligated balances from various salaries and expenses accounts. 

Section 418 prohibits funds from denying an Inspector General 

timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities, or to prevent or impede that Inspector 

General’s access. 

Section 419 permanently suspends certain subsections of the 

hours of service regulation related to restarts. Section 420 appropriates $528,000,000 in additional funds for the 

Emergency Relief Program, which is available until expended for 

qualifying emergency repair expenses. 

Section 421 includes funding for Community Development Block 

Grant disaster recovery and directs HUD to allocate the funds in 

accordance with the methodologies published in Federal Register 

Notices 81 FR 39687 for disasters occurring in 2015 and 82 FR 

5591 for disasters occurring in 2016 or later. 

Section 422 authorizes states to repurpose certain previously authorized funding amounts to new projects that are eligible within 

a similar geographic area. 

Section 423 designates certain routes in Arkansas and Kentucky 

as eligible to become Interstate routes. 
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(1775)

[House Appropriations Committee Print] 

Consolidated Appropriations Act, 2017 

(H.R. 244; P.L. 115–31) 

DIVISION L—MILITARY CONSTRUCTION AND 

VETERANS AFFAIRS—ADDITIONAL APPROPRIATIONS ACT, 2017 

(1777)

DIVISION L—MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS—ADDITIONAL APPROPRIATIONS ACT, 2017 

TITLE I 

OVERSEAS CONTINGENCY OPERATIONS 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘Military Construction, Army’’, 

$39,500,000, to remain available until September 30, 2021: Provided, That such funds may be obligated and expended to carry out 

planning and design and military construction projects authorized 

by law: Provided further, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy and 

Marine Corps’’, $66,708,000, to remain available until September 

30, 2021: Provided, That such funds may be obligated and expended to carry out planning and design and military construction 

projects authorized by law: Provided further, That such amount is 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air Force’’, 

$105,300,000, to remain available until September 30, 2021: Provided, That such funds may be obligated and expended to carry out 

planning and design and military construction projects authorized 

by law: Provided further, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For an additional amount for ‘‘Military Construction, Army National Guard’’, $12,000,000, to remain available until September 

30, 2021: Provided, That such funds may be obligated and expended to carry out planning and design and military construction 

projects authorized by law: Provided further, That such amount is 

designated by the Congress for Overseas Contingency Operations/ 
1778

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For an additional amount for ‘‘Military Construction, Air National Guard’’, $13,000,000, to remain available until September 

30, 2021: Provided, That such funds may be obligated and expended to carry out planning and design and military construction 

projects authorized by law: Provided further, That such amount is 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

MILITARY CONSTRUCTION, ARMY RESERVE

For an additional amount for ‘‘Military Construction, Army Reserve’’, $10,000,000, to remain available until September 30, 2021: 

Provided, That such funds may be obligated and expended to carry 

out planning and design and military construction projects authorized by law: Provided further, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

MILITARY CONSTRUCTION, NAVY RESERVE

For an additional amount for ‘‘Military Construction, Navy Reserve’’, $4,525,000, to remain available until September 30, 2021: 

Provided, That such funds may be obligated and expended to carry 

out planning and design and military construction projects authorized by law: Provided further, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

MILITARY CONSTRUCTION, AIR FORCE RESERVE

For an additional amount for ‘‘Military Construction, Air Force 

Reserve’’, $9,000,000, to remain available until September 30, 2021: 

Provided, That such funds may be obligated and expended to carry 

out planning and design and military construction projects authorized by law: Provided further, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

ADMINISTRATIVE PROVISION—THIS TITLE

(RESCISSION OF FUNDS)

SEC. 101. Of the unobligated balances made available by division 

I of Public Law 113–235 for ‘‘European Reassurance Initiative Military Construction’’ for ‘‘Military Construction, Air Force’’, 

$12,300,000 are hereby rescinded: Provided, That such amount is 

designated by the Congress for Overseas Contingency Operations/ 
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Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

TITLE II 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For an additional amount for ‘‘Medical Services’’, $50,000,000, to 

remain available until September 30, 2018: Provided, That such 

funds shall be for opioid and substance abuse prevention and treatment, and further implementation of the Jason Simcakoski Memorial and Promise Act (Title IX of Public Law 114–198). 

TITLE III 

GENERAL PROVISION—THIS DIVISION 

SEC. 301. Notwithstanding any other provision of law, funds 

made available in this division are in addition to amounts appropriated or otherwise made available for the Department of Defense 

and the Department of Veterans Affairs for fiscal year 2017: Provided, That such amounts shall be subject to the terms and conditions set forth in division A of Public Law 114–223. 

This division may be cited as ‘‘Military Construction and Veterans Affairs—Additional Appropriations Act, 2017’’. 

(1781)

1The Explanatory Statement was submitted for printing in the Congressional Record on May 

3, 2017 by Mr. Frelinghuysen of New Jersey, Chairman of the House Committee on Appropriations. The Statement appears on page H4110 of Book III. 

[CLERK’S NOTE: Reproduced below is the material relating to division L contained in the Explanatory Statement regarding H.R. 244, 

the Consolidated Appropriations Act, 2017. 1]

DIVISION L—MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS—ADDITIONAL APPROPRIATIONS ACT, 2017 

TITLE I 

OVERSEAS CONTINGENCY OPERATIONS 

DEPARTMENT OF DEFENSE 

An additional $247,733,000 has been provided for the requested 

level for military construction and planning and design. The table 

displays the provided funding by military construction account. 

ADMINISTRATIVE PROVISION 

(RESCISSION OF FUNDS)

A rescission of $12,300,000 is included, as requested. 

TITLE II 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS HEALTH ADMINISTRATION 

Additional funding of $50,000,000 is provided to Medical Services, to be available until September 30, 2018, for continued implementation of the Jason Simcakoski Memorial and Promise Act 

(Title IX of Public Law 114–198) and to bolster opioid and substance abuse prevention and treatment. 

TITLE III 

GENERAL PROVISION 

A provision regarding terms and conditions for the provided 

funding is included. 

The following table reflects the appropriations provided in this 

division:
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