Summary:
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Highlights:

This bill provides FY2017 appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.

The bill includes both discretionary and mandatory funding. The HUD budget is primarily discretionary spending, and most of the DOT budget is mandatory spending, in the form of contract authority from the Highway Trust Fund.

The bill decreases net discretionary budget authority for Transportation, Housing and Urban Development, and Related Agencies below FY2016 levels. (When savings due to certain rescissions and receipts are taken into account, the new discretionary budget authority available to agencies funded in the bill is above the FY2016 level.)

Compared to FY2016 levels, the bill decreases discretionary funding for DOT (including the effects of a rescission of unused contract authority) and increases discretionary funding for HUD.

The bill also includes a provision that affects DOT regulations regarding commercial truck drivers' rest periods.

Full Summary:

 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017

Department of Transportation Appropriations Act, 2017

TITLE I--DEPARTMENT OF TRANSPORTATION

Provides FY2017 appropriations for the Department of Transportation (DOT).

Provides appropriations for the Office of the Secretary, including:

 Salaries and Expenses; Research and Technology; National Infrastructure Investments (also known as TIGER grants); the National Surface Transportation and Innovative Finance Bureau; Financial Management Capital; Cyber Security Initiatives; the Office of Civil Rights; Transportation Planning, Research, and Development; the Working Capital Fund; the Minority Business Resource Center Program; Small and Disadvantaged Business Utilization and Outreach; and Payments to Air Carriers. (Sec. 101) Prohibits DOT from approving assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this bill except for activities underway on the date of enactment, unless the reprogramming process has been completed.

(Sec. 102) Permits DOT to use the Working Capital Fund to provide transit benefits to federal employees.

(Sec. 103) Requires DOT to: (1) post on its website the schedule and agenda for all meetings of the Council on Credit and Finance, and (2) require the council to record the decisions and actions of each meeting.

Provides appropriations to the Federal Aviation Administration (FAA) for:

 Operations; Facilities and Equipment; Research, Engineering, and Development; and Grants-In-Aid For Airports. Prohibits funds provided by this bill from being used for:

 new applicants for the second career training program, new unauthorized aviation user fees, aeronautical charting and cartography activities through the Working Capital Fund, or eliminating the Contract Weather Observers program at any airport. Permits funds received from specified public, private, and foreign sources for expenses incurred to be credited to the appropriation.

(Sec. 110) Limits technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development.

(Sec. 111) Prohibits the FAA from requiring airport sponsors to provide the agency without cost building construction, maintenance, utilities and expenses, or space in sponsor-owned buildings for air traffic control, air navigation, or weather reporting, subject to specified exceptions.

(Sec. 112) Permits the FAA to reimburse amounts made available from certain fees to carry out the Essential Air Service (EAS) program, which ensures that small communities have a minimum level of air service.

(Sec. 113) Permits amounts collected by the FAA for providing technical assistance to foreign aviation authorities to be credited to the Operations account.

(Sec. 114) Prohibits the FAA from paying Sunday premium pay except if an individual worked on a Sunday.

(Sec. 115) Prohibits the FAA from using funds provided by this bill to purchase a store gift card or gift certificate using a government-issued credit card.

(Sec. 116) Allows all airports experiencing the required level of boardings through charter and scheduled air service to be eligible for specified funds.

(Sec. 117) Prohibits funds provided by this bill from being used for retention bonuses for FAA employees without prior approval of the Assistant Secretary for Administration of DOT.

(Sec. 118) Requires the FAA, upon the request of an owner or operator, to block the display of the owner's or operator's aircraft registration number in the Aircraft Situational Display to Industry program.

(Sec. 119) Prohibits funds provided by this bill from being used to pay the salaries and expenses of more than nine political or presidential FAA appointees.

(Sec. 119A) Prohibits funds provided by this bill from being used to increase fees for navigation products until the FAA provides Congress with a justification for all fees for aeronautical navigation products.

(Sec. 119B) Requires the FAA to notify Congress prior to closing a regional operations center or reducing the services it provides.

(Sec. 119C) Prohibits funds provided by this bill from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey.

(Sec. 119D) Prohibits the FAA from withholding consideration and approval of any application for participation in the Contract Tower Program, pending as of January 1, 2016, including applications from Cost-share Program participants, if the tower meets the criteria included in the FAA report entitled "Establishment and Discontinuance Criteria for Airport Traffic Control Towers."

(Sec. 119E) Permits airports that met the 10,000 enplanement qualification for Airport Improvement Program (AIP) funds in calendar year 2012 to continue to receive AIP funds in FY2017.

(Sec. 119F) Modifies the federal share of project costs for a primary non-hub airport located in a public lands state within 15 miles from the border of another public lands state to use the greater of the two states' federal shares.

(Sec. 119G) Amends the FAA Modernization and Reform Act of 2012 to require the FAA to develop a joint plan with the National Aeronautics and Space Administration (NASA), the Department of Energy, and the Department of Agriculture to carry out the required research program on alternative jet fuel technologies for civil aircraft.

(Sec. 119H) Expands the pilot program to integrate unmanned aircraft systems into the national airspace system at test ranges to permit the projects to be carried out at unmanned aircraft system flight test centers.

(Sec. 119I) Permits the exchange of passenger facility charges between airports to meet the terms and conditions of a transfer agreement.

 Provides funding from the Highway Trust Fund (HTF) to the Federal Highway Administration (FHWA) for Administrative Expenses and Federal-Aid Highways.

Rescinds specified balances of unused contract authority from the HTF.

(Most of DOT's budget is mandatory budget authority rather than discretionary budget authority. The mandatory budget authority is primarily in the form of contract authority derived from the Highway Trust Fund (HTF). Contract authority is the authority to obligate funds in advance of an appropriation Act.

Spending from the HTF is determined both by authorization bills and appropriations bills. Authorization bills provide contract authority for highway programs, and appropriations bills include obligation limitations that determine how much of the contract authority may be used in a given year.)

(Sec. 120) Specifies allocations and requirements for distributing obligation authority from the HTF among federal-aid highway programs.

 (Sec. 121) Credits funds received by the Bureau of Transportation Statistics from the sale of data products to the Federal-Aid Highways account to reimburse the bureau for expenses.

(Sec. 122) Requires DOT to: (1) provide an informal public notice and comment opportunity prior to waiving the Buy America requirement for federal-aid highway projects, and (2) report to Congress annually on waivers.

(Sec. 123) Requires DOT to notify Congress prior to providing credit assistance under the Transportation Finance and Innovation Act (TIFIA) program, which provides credit to finance surface transportation projects of national and regional significance.

(Sec. 124) Permits states to repurpose certain highway project funding to be used within 50 miles of its original designation.

(Sec. 125) Requires DOT to notify Congress 60 days in advance before making grants for nationally significant freight and highway projects.

(Sec. 126) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to identify a specified route in North Little Rock, Arkansas as a high priority corridor on the national highway system and an Interstate route.

Provides funding from the HTF to the Federal Motor Carrier Safety Administration (FMCSA) for: (1) Motor Carrier Safety Operations and Programs, and (2) Motor Carrier Safety Grants.

(Sec. 130) Directs the FMCSA to require certain Mexican motor carriers to meet specified safety requirements when applying to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border.

(Sec. 131) Amends the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 to make a technical correction to a provision prohibiting enforcement of provisions of the Hours of Service rule regarding the restart of a driver's 60- or 70-hour limit after a 34-hour rest period, unless a study demonstrates that the provisions resulted in statistically significant net safety benefits.

Provides that, if the results of the study require the 2013 restart rule to be restored, drivers using the 34-hour restart may not drive after being on duty more than 73 hours in a 7-day period.

Provides appropriations to the National Highway Traffic Safety Administration (NHTSA) for Operations and Research.

Provides funding from the HTF to NHTSA for Operations and Research and Highway Traffic Safety Grants.

(Sec. 140) Provides additional funding to NHTSA for travel and related expenses associated with state management reviews and core competency development training for highway safety staff.

(Sec. 141) Exempts from the current fiscal year's obligation limitation any obligation authority that was made available in previous public laws.

Provides appropriations to the Federal Railroad Administration (FRA) for:

 Safety and Operations, Railroad Research and Development, the Railroad Rehabilitation and Improvement Financing Program, Consolidated Rail Infrastructure And Safety Improvements Grants, Federal-State Partnership For State Of Good Repair Grants, Restoration and Enhancement Grants, Northeast Corridor Grants to the National Railroad Passenger Corporation (Amtrak), and National Network Grants to Amtrak. (Sec. 150) Limits overtime for Amtrak employees. Permits Amtrak to waive the limit for specific employees due to safety or operational efficiency reasons. Requires Amtrak to report to Congress on waivers granted and overtime payments incurred.

(Sec. 151) Modifies the limitations and requirements that apply to FRA Restoration and Enhancement Grants that are provided for operating expenses.

Provides appropriations to the Federal Transit Administration (FTA) for:

 Administrative Expenses, Capital Investment Grants, and Grants to the Washington Metropolitan Area Transit Authority. Provides funding from the HTF to the FTA for Transit Formula Grants.

(Sec. 160) Exempts previously made transit obligations from limitations on obligations.

(Sec. 161) Permits FTA Fixed Guideway Capital Investment funds for projects specified in this bill or the accompanying report that are not obligated by September 30, 2021, to be used for other projects eligible to use the funds for the same purpose.

(Sec. 162) Permits prior appropriations that remain available for expenditure to be transferred to the most recent appropriation heading.

 (Sec. 163) Makes a technical correction to statutory provisions regarding the treatment of a Bi-State Metropolitan Planning Organization as an urbanized area in California and Nevada.

(Sec. 164) Rescinds unobligated balances of funds provided in FY2012 or earlier for the job access and reverse commute program. Provides the funds for grants for new fixed guideway capital projects and core capacity improvement projects that provide both public transportation and intercity passenger rail service.

(Sec. 165) Permits small transit operators to use urbanized area formula grants for operating assistance based on locally determined planning processes and requirements, subject to limitations.

Provides appropriations to the Saint Lawrence Seaway Development Corporation for Operations and Maintenance.

Provides appropriations for the Maritime Administration (MARAD) for:

 the Maritime Security Program, Operations and Training, Assistance to Small Shipyards, Ship Disposal, and The Maritime Guaranteed Loan (Title XI) Program Account. (Sec. 170) Permits MARAD to furnish utilities and services and make repairs in connection with any lease, contract, or occupancy involving government property under the control of MARAD. Requires rental payments received pursuant to this provision to be credited to the Treasury as miscellaneous receipts.

Provides appropriations to the Pipeline and Hazardous Materials Safety Administration (PHMSA) for:

 Operational Expenses, Hazardous Materials Safety, Pipeline Safety, and Emergency Preparedness Grants. Directs the PHMSA to: (1) initiate a rulemaking no later than June 30, 2016, to expand the applicability of comprehensive oil spill response plans, and (2) issue a final rule no later than December 18, 2016.

 Provides appropriations to the Office of Inspector General.

(Sec. 180) Permits DOT to use funds for maintenance and operation of aircraft, hire of passenger motor vehicles and aircraft, insurance for motor vehicles operating in foreign countries, and uniforms.

(Sec. 181) Permits DOT to use funds provided by this bill for the employment of temporary or intermittent experts and consultants if the rates do not exceed the rate for an Executive Level IV.

(Sec. 182) Prohibits: (1) funds provided by this bill from being used for more than 110 DOT presidential or political appointees, and (2) any of the appointees from being assigned on temporary detail outside of DOT.

(Sec. 183) Prohibits recipients of funds provided by this bill from releasing certain personal information and photographs from a driver's license or motor vehicle record without the consent of the affected individual. Prohibits DOT from withholding funds if a state is not in compliance with this provision.

(Sec. 184) Permits funds received by specified DOT agencies from states or other private or public sources for training expenses to be credited to specified agency accounts.

(Sec. 185) Prohibits DOT funds provided by this bill from being used for a grant or loan unless DOT notifies Congress at least three full business days before making or announcing the grant or loan.

(Sec. 186) Permits funds received by DOT from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources to be credited to DOT appropriations and allocated to elements of DOT using fair and equitable criteria.

(Sec. 187) Requires DOT to use amounts recovered from improper payments to a third party contractor for expenses incurred in the recovery.

(Sec. 188) Requires reprogramming action notifications to be transmitted to and approved or denied solely by the House and Senate Committees on Appropriations.

(Sec. 189) Permits funds provided by this bill for modal administrations to be obligated to the Office of the Secretary for assessments or reimbursable agreements only if the funds provide a direct benefit to the applicable modal administration.

(Sec. 190) Permits DOT to set uniform standards for developing and supporting agency transit passes and transit benefits.

(Sec. 191) Prohibits the use of funds for any geographic, economic, or other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation plans.

Department of Housing and Urban Development Appropriations Act, 2017

TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Provides FY2017 appropriations for the Department of Housing and Urban Development (HUD).

Provides appropriations for Management and Administration, including for Executive Offices and Administrative Support Offices.

Provides appropriations for Program Office Salaries and Expenses, including:

 Public and Indian Housing, Community Planning and Development, Housing, Policy Development and Research, Fair Housing and Equal Opportunity, and the Office of Lead Hazard Control and Healthy Homes. Provides appropriations for Public and Indian Housing, including:

 Tenant-Based Rental Assistance, the Housing Certificate Fund, the Public Housing Capital Fund, the Public Housing Operating Fund, the Choice Neighborhoods Initiative, the Family Self-Sufficiency Program, Indian Block Grants, the Indian Housing Loan Guarantee Fund Program Account, and the Native Hawaiian Housing Block Grant. Provides appropriations for Community Planning and Development, including:

 Housing Opportunities for Persons with AIDS, the Community Development Fund, the Community Development Loan Guarantees Program Account, the Home Investment Partnerships Program, the Self-Help and Assisted Home Ownership Opportunity Program, and Homeless Assistance Grants. Provides appropriations for Housing Programs, including:

 Rental Assistance Demonstration, Project-Based Rental Assistance, Housing for the Elderly, Housing for Persons with Disabilities, Housing Counseling Assistance, Rental Housing Assistance, and Payment to the Manufactured Housing Fees Trust Fund. Provides appropriations and establishes limits on loan commitments for the Federal Housing Administration (FHA), which includes:

 the Mutual Mortgage Insurance Program Account, and the General and Special Risk Program Account. Provides appropriation and establishes limits on loan commitments for the Government National Mortgage Association (Ginnie Mae).

Provides appropriations to HUD for:

 Policy Development and Research, Fair Housing and Equal Opportunity, the Office of Lead Hazard Control and Healthy Homes, the Information Technology Fund, and the Office of Inspector General. (Sec. 201) Requires 50% of the funds that are recaptured from the refinancing of state projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to be rescinded or, in the case of cash, remitted to the Treasury. Permits HUD to use up to 15% of the funds that are recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance projects at lower interest rates.

(Sec. 202) Prohibits funds provided by this bill from being used to investigate or prosecute under the Fair Housing Act any lawful activities, including the filing or maintaining of a nonfrivolous legal action to achieve or prevent action by a government entity or a court.

(Sec. 203) Requires HUD to make certain adjustments to the formula for distributing Housing Opportunities for Persons With AIDS (HOPWA) funds for certain jurisdictions in New York, New Jersey, Delaware, and North Carolina.

(Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.

(Sec. 205) Permits specified funds to be used, without regard to limitations on administrative expenses, for: (1) legal services; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.

(Sec. 206) Prohibits HUD appropriations from being used for any program, project, or activity in excess of amounts included in the budget estimates submitted to Congress, unless otherwise provided by this bill or through reprogramming.

(Sec. 207) Permits HUD corporations and agencies subject to the Government Corporation Control Act to utilize funds and make contracts and commitments, without regard to fiscal year limitations and subject to specified restrictions, to implement the FY2017 budget.

(Sec. 208) Requires HUD to provide quarterly reports to Congress regarding uncommitted, unobligated, recaptured, and excess funds for each program and activity.

(Sec. 209) Requires the President's budget request and HUD's congressional budget justifications to use the same account structure included in this bill.

(Sec. 210) Provides that a public housing agency (PHA) or other entity that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California; and the states of Alaska, Iowa, and Mississippi is not required to include public housing residents or recipients of section 8 rental assistance (under the United States Housing Act of 1937) on the governing board.

Requires each PHA or entity that does not include these individuals on its board to establish an advisory board of at least six residents of public housing or recipients of section 8 assistance to provide advice on issues related to public housing and section 8.

(Sec. 211) Exempts Ginnie Mae from certain requirements of the Federal Credit Reform Act of 1990.

(Sec. 212) Permits HUD to authorize the transfer of project-based assistance, debt, and use restrictions associated with a multifamily housing project from obsolete or economically nonviable housing to housing that better meets the needs of the assisted tenants, subject to specified requirements.

(Sec. 213) Sets forth eligibility requirements for section 8 housing assistance vouchers.

(Sec. 214) Requires Indian Block Grant funds to be distributed to the same Native Alaskans that received funds in FY2005.

(Sec. 215) Permits HUD to insure home equity conversion mortgages (HECMs or reverse mortgages) for elderly homeowners through FY2017, notwithstanding limitations on insurance authority included in the National Housing Act.

(Sec. 216) Sets forth requirements for HUD to maintain section 8 assistance on multifamily housing that is held or owned by HUD.

(Sec. 217) Permits Community Development Loan Guarantee funds to be used to guarantee notes or other obligations issued by any state on behalf of its non-entitlement communities.

(Sec. 218) Permits certain PHAs that own and operate 400 or fewer public housing units to be exempt from asset management requirements imposed by HUD in connection with the operating fund rule.

(Sec. 219) Prohibits HUD from using public housing funds to impose any requirement or guideline relating to asset management that restricts or limits the use of capital funds for central office costs, up to the limits established in the Quality Housing and Work Responsibility Act of 1998.

(Sec. 220) Prohibits the designation of a HUD official or employee as an allotment holder unless the Chief Financial Officer has determined that the employee has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.

(Sec. 221) Requires HUD to publish on the Internet all competitively awarded Notices of Funding Availability for FY2017 and subsequent years.

(Sec. 222) Sets forth limitations and reporting requirements for the payment of attorney fees in program-related litigation.

(Sec. 223) Sets forth requirements for transferring and reprogramming funds within specified HUD Administrative Support Office and Program Office Salaries and Expenses accounts.

(Sec. 224) Permits the Disaster Housing Assistance Programs administered by HUD to be considered HUD programs for the purpose of income verification and matching.

(Sec. 225) Requires HUD to take specified actions against owners who are receiving rental subsidies and do not maintain safe properties.

(Sec. 226) Limits compensation for PHA officials and employees.

(Sec. 227) Amends the United States Housing Act of 1937 to extend the HOPE VI program through FY2017. (The program provides funds to renovate or demolish existing public housing and replace it with mixed-income housing.)

(Sec. 228) Requires HUD to notify Congress prior to announcing the recipients of grant awards.

(Sec. 229) Prohibits funds provided by this bill from being used to require or enforce the Physical Needs Assessment (PNA).

(Sec. 230) Prohibits funds provided by this bill or receipts collected under FHA programs from being used to implement the Homeowners Armed with Knowledge (HAWK) program.

(Sec. 231) Prohibits the FHA, Ginnie Mae, or HUD from using funds provided by this bill to finance mortgages for properties that have been subject to eminent domain.

(Sec. 232) Prohibits the use of funds made available by this bill to terminate the status of a unit of general local government as a metropolitan city with respect to community development grants under the Housing and Community Development Act of 1974.

(Sec. 233) Permits Office of Policy Development and Research funds for research, evaluation, and statistical purposes that are unexpended at the completion of a contract, grant or cooperative agreement to be used for additional research, subject to reprogramming requirements.

(Sec. 234) Prohibits funds provided by this title from being used to pay a bonus to an employee who is subject to administrative discipline, including suspension from work.

(Sec. 235) Permits HUD to use funds provided for Homeless Assistance Grants to participate in the multiagency Performance Partnerships Pilots program on a limited basis.

(Sec. 236) Permits costs paid by the program income of grant recipients to count toward the recipient's matching requirements for 2015, 2016 and 2017 Continuum of Care funds. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)

(Sec. 237) Permits HUD to consolidate funds used to manage disaster recovery grants.

(Sec. 238) Amends the Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and the Toxic Substances Control Act to treat zero-bedroom dwellings in the same manner as other housing units, for the purposes of grants and other provisions of the laws.

(Sec. 239) Allows PHAs to establish replacement reserves to address capital needs.

(Sec. 240) Amends the United States Housing Act of 1937 to change the requirements for the family unification program.

(Sec. 241) Permits HUD to establish a demonstration program to provide incentives to PHAs that reduce energy or water consumption.

(Sec. 242) Amends the Department of Housing and Urban Development Appropriations Act, 2008 to repeal the requirement for HUD to report annually to Congress on the number and cost of federally assisted units under lease.

(Sec. 243) Permits HUD to provide mobility counseling to housing choice voucher participants to encourage families to move to lower-poverty areas and expand access to opportunity areas.

(Sec. 244) Amends the Department of Housing and Urban Development Appropriations Act, 2012 to modify requirements for the Rental Assistance Demonstration program.

(Sec. 245) Permits HUD to implement through notice a provision of the Fixing America's Surface Transportation Act regarding the review of tenant incomes. Requires HUD to begin the rulemaking process within six months of issuing the notice.

(Sec. 246) Permits HUD to use funds provided for the Continuum of Care (CoC) program to renew a specified grant awarded in the Supplemental Appropriations Act, 2008. Permits the state of Louisiana to continue to permit a program participant to receive or retain tenant-based rental assistance outside the CoC's geographic area without the funding of the assistance being considered the operation of a CoC in more than one geographic area.

(Sec. 247) Amends the McKinney-Vento Homeless Assistance Act to permit HUD to award one-year transition grants to recipients to transition from one CoC program component to another.

TITLE III--RELATED AGENCIES

Provides FY2017 appropriations to:

 the Access Board, the Federal Maritime Commission, the Amtrak Office of Inspector General, the National Transportation Safety Board, the Neighborhood Reinvestment Corporation, the U.S. Interagency Council on Homelessness, and the Surface Transportation Board. TITLE IV--GENERAL PROVISIONS--THIS ACT

Sets forth permissible and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 401) Prohibits funds provided by this bill from being used to compensate or pay the expenses of non-federal parties intervening in regulatory or adjudicatory proceedings funded in this bill.

(Sec. 402) Prohibits transfers of funds to other appropriations or obligations beyond the current fiscal year, unless expressly permitted in this bill.

(Sec. 403) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law.

(Sec. 404) Prohibits the use of funds provided by this bill for employee training not specifically related to the performance of official duties.

(Sec. 405) Specifies procedures, restrictions, and reporting requirements for the reprogramming of funds provided by this bill.

(Sec. 406) Permits up to 50% of unobligated balances remaining at the end of FY2017 from appropriations for salaries and expenses to remain available through FY2018, subject to congressional approval and reprogramming guidelines.

(Sec. 407) Prohibits funds provided by this bill from being used for any project that seeks to use eminent domain unless eminent domain is employed only for a public use.

(Sec. 408) Prohibits the transfer of funds provided by this bill to a department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to an appropriations Act.

 (Sec. 409) Prohibits the use of funds provided by this bill to permanently replace an employee intent on returning to his or her previous occupation after completing military service.

(Sec. 410) Requires expenditures of funds provided by this bill to comply with the Buy American Act.

(Sec. 411) Prohibits funds provided by this bill from being made available to any person or entity that has been convicted of violating the Buy American Act.

(Sec. 412) Prohibits funds provided by this bill from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 413) Prohibits the use of funds provided by this bill to approve a new foreign air carrier permit or exemption application if the approval would contravene U.S. law or specified provisions of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.

(Sec. 414) Restricts the number of employees that agencies funded in this bill may send to international conferences.

(Sec. 415) Limits Surface Transportation Board fees for the filing of rate or practice complaints.

(Sec. 416) Prohibits funds provided by this bill from being used to purchase new light-duty vehicles, except in accordance with Presidential Memorandum- Federal Fleet Performance, which establishes requirements for purchasing alternative fueled vehicles.

measure amended introduced summary expanded action occurred measure bill provides fy2017 appropriations department_of_transportation dot department_of_housing_and_urban_development hud related agencies bill includes discretionary mandatory funding hud budget primarily discretionary spending dot budget mandatory spending form contract authority highway_trust_fund bill decreases net discretionary budget authority transportation housing_and_urban_development related agencies fy2016 levels savings certain rescissions receipts taken account new discretionary budget authority available agencies funded bill fy2016 level compared fy2016 levels bill decreases discretionary funding dot including effects rescission unused contract authority increases discretionary funding hud bill includes provision affects dot regulations commercial truck drivers rest periods summary transportation housing_and_urban_development related agencies appropriations act department_of_transportation appropriations act title department_of_transportation provides fy2017 appropriations department_of_transportation dot provides appropriations office_of_the_secretary including salaries expenses research technology national infrastructure investments known tiger grants national surface_transportation innovative finance bureau financial management capital cyber security initiatives office civil rights transportation planning research development working capital_fund minority business resource center program small disadvantaged_business_utilization outreach payments air carriers sec prohibits dot approving assessments reimbursable agreements pertaining funds appropriated modal administrations bill activities underway date enactment reprogramming process completed sec permits dot use working capital_fund provide transit benefits federal employees sec requires dot post website schedule agenda meetings council credit finance require council record decisions actions meeting provides appropriations federal_aviation_administration faa operations facilities equipment research engineering development grants aid airports prohibits funds provided bill new applicants second career training program new unauthorized aviation user fees aeronautical charting activities working capital_fund eliminating contract weather observers program airport permits funds received specified public private foreign sources expenses incurred credited appropriation sec limits technical staff years federally funded research development center contract faa center advanced aviation systems development sec prohibits faa requiring airport sponsors provide agency cost building construction maintenance utilities expenses space sponsor owned buildings air traffic control air navigation weather reporting subject specified exceptions sec permits faa reimburse amounts available certain fees carry essential_air_service eas program ensures small communities minimum level air service sec permits amounts collected faa providing technical assistance foreign aviation authorities credited operations account sec prohibits faa paying sunday premium pay individual worked sunday sec prohibits faa funds provided bill purchase store gift card gift certificate government issued credit card sec allows airports experiencing required level boardings charter scheduled air service eligible specified funds sec prohibits funds provided bill retention bonuses faa employees prior approval assistant secretary administration dot sec requires faa request owner operator block display owner operator aircraft registration number aircraft situational display industry program sec prohibits funds provided bill pay salaries expenses political presidential faa appointees sec prohibits funds provided bill increase fees navigation products faa provides congress justification fees aeronautical navigation products sec requires faa notify congress prior closing regional operations center reducing services provides sec prohibits funds provided bill change weight restrictions prior permission rules airport new_jersey sec prohibits faa withholding consideration approval application participation contract tower program pending january including applications cost share program participants tower meets criteria included faa report entitled establishment discontinuance criteria airport traffic control towers sec permits airports met enplanement qualification airport improvement program aip funds calendar year continue receive aip funds fy2017 sec modifies federal share project costs primary non hub airport located public lands state miles border public lands state use greater states federal shares sec amends faa_modernization reform_act require faa develop joint plan national_aeronautics_and_space_administration nasa department_of_energy department_of_agriculture carry required research program alternative jet fuel technologies civil aircraft sec expands pilot program integrate unmanned aircraft systems national_airspace_system test ranges permit projects carried unmanned aircraft system flight test centers sec permits exchange passenger facility charges airports meet terms conditions transfer agreement provides funding highway_trust_fund htf federal_highway_administration fhwa administrative expenses federal aid highways rescinds specified balances unused contract authority htf dot budget mandatory budget authority discretionary budget authority mandatory budget authority primarily form contract authority derived highway_trust_fund htf contract authority authority obligate funds advance appropriation act spending htf determined authorization bills appropriations bills authorization bills provide contract authority highway programs appropriations bills include obligation limitations determine contract authority given year sec specifies allocations requirements distributing obligation authority htf federal aid highway programs sec credits funds received bureau transportation statistics sale data products federal aid highways account reimburse bureau expenses sec requires dot provide informal public notice comment opportunity prior waiving buy america requirement federal aid highway projects report congress annually waivers sec requires dot notify congress prior providing credit assistance transportation finance innovation_act tifia program provides credit finance surface_transportation projects national regional significance sec permits states certain highway project funding miles original designation sec requires dot notify congress days advance making grants nationally significant freight highway projects sec amends intermodal surface_transportation efficiency_act identify specified route north little_rock arkansas high priority corridor national highway system interstate_route provides funding htf federal_motor_carrier_safety_administration fmcsa motor carrier safety operations programs motor carrier safety grants sec directs fmcsa require certain mexican motor carriers meet specified safety requirements applying operate municipalities commercial zones border sec amends transportation housing_and_urban_development related agencies appropriations act technical correction provision prohibiting enforcement provisions hours service rule restart driver hour limit hour rest period study demonstrates provisions resulted statistically significant net safety benefits provides results study require restart rule restored drivers hour restart drive duty hours day period provides appropriations national_highway_traffic_safety_administration nhtsa operations research provides funding htf nhtsa operations research highway traffic safety grants sec provides additional funding nhtsa travel related expenses associated state management reviews core competency development training highway safety staff sec exempts current fiscal year obligation limitation obligation authority available previous public laws provides appropriations federal_railroad_administration fra safety operations railroad research development railroad rehabilitation improvement financing program consolidated rail infrastructure safety improvements grants federal state partnership state good repair grants restoration enhancement grants northeast corridor grants national_railroad_passenger_corporation amtrak national network grants amtrak sec limits overtime amtrak employees permits amtrak waive limit specific employees safety operational efficiency reasons requires_amtrak report congress waivers granted overtime payments incurred sec modifies limitations requirements apply fra restoration enhancement grants provided operating expenses provides appropriations federal_transit_administration fta administrative expenses capital investment grants grants washington_metropolitan_area_transit_authority provides funding htf fta transit formula_grants sec exempts previously transit obligations limitations obligations sec permits fta fixed guideway capital investment funds projects specified bill accompanying report obligated september projects eligible use funds purpose sec permits prior appropriations remain available expenditure transferred recent appropriation heading sec makes technical correction statutory provisions treatment state metropolitan planning organization urbanized area california nevada sec rescinds unobligated balances funds provided fy2012 earlier job access reverse commute program provides funds grants new fixed guideway capital projects core capacity improvement projects provide public transportation intercity passenger rail service sec permits small transit operators use urbanized area formula_grants operating assistance based locally determined planning processes requirements subject limitations provides appropriations saint lawrence seaway development corporation operations maintenance provides appropriations maritime_administration maritime security program operations training assistance small shipyards ship disposal maritime guaranteed loan title program account sec permits furnish utilities services repairs connection lease contract occupancy involving government property control requires rental payments received pursuant provision credited treasury miscellaneous receipts provides appropriations pipeline_and_hazardous_materials_safety_administration phmsa operational expenses hazardous materials safety pipeline safety emergency preparedness grants directs phmsa initiate rulemaking later june expand applicability comprehensive oil spill response plans issue final rule later december provides appropriations office_of_inspector_general sec permits dot use funds maintenance operation aircraft hire passenger motor vehicles aircraft insurance motor vehicles operating foreign countries uniforms sec permits dot use funds provided bill employment temporary intermittent experts consultants rates exceed rate executive level sec prohibits funds provided bill dot presidential political appointees appointees assigned temporary detail outside dot sec prohibits recipients funds provided bill releasing certain personal information photographs driver license motor vehicle record consent affected individual prohibits dot withholding funds state compliance provision sec permits funds received specified dot agencies states private public sources training expenses credited specified agency accounts sec prohibits dot funds provided bill grant loan dot notifies congress business days making announcing grant loan sec permits funds received dot travel management centers charge card programs building space miscellaneous sources credited dot appropriations allocated elements dot fair equitable criteria sec requires dot use amounts recovered improper payments party contractor expenses incurred recovery sec requires reprogramming action notifications transmitted approved denied solely house senate_committees appropriations sec permits funds provided bill modal administrations obligated office_of_the_secretary assessments reimbursable agreements funds provide direct benefit applicable modal administration sec permits dot set uniform standards developing supporting agency transit passes transit benefits sec prohibits use funds geographic economic hiring preference authorized law certain requirements met related availability local labor displacement existing employees delays transportation plans department_of_housing_and_urban_development appropriations act title department_of_housing_and_urban_development provides fy2017 appropriations department_of_housing_and_urban_development hud provides appropriations management administration including executive offices administrative support offices provides appropriations program_office salaries expenses including public indian housing community planning development housing policy development research fair housing equal opportunity office lead hazard control healthy homes provides appropriations public indian housing including tenant based rental assistance housing certificate fund public housing capital_fund public housing operating fund choice neighborhoods initiative family self sufficiency program indian block grants indian housing loan guarantee fund program account native hawaiian housing block grant provides appropriations community planning development including housing opportunities persons aids community development fund community development loan guarantees program account home investment partnerships program self help assisted home ownership opportunity program homeless assistance grants provides appropriations housing programs including rental assistance demonstration project based rental assistance housing elderly housing persons disabilities housing counseling assistance rental housing assistance payment manufactured housing fees trust_fund provides appropriations establishes limits loan commitments federal_housing_administration fha includes mutual mortgage insurance program account general special risk program account provides appropriation establishes limits loan commitments government_national_mortgage_association ginnie_mae provides appropriations hud policy development research fair housing equal opportunity office lead hazard control healthy homes information technology fund office_of_inspector_general sec requires funds refinancing state projects mckinney homeless assistance amendments act rescinded case cash remitted treasury permits hud use funds rescinded remitted treasury provide project owners incentives refinance projects lower interest rates sec prohibits funds provided bill investigate prosecute fair housing act lawful activities including filing maintaining legal action achieve prevent action government entity court sec requires hud certain adjustments formula distributing housing opportunities persons aids funds certain jurisdictions new_york new_jersey delaware north_carolina sec requires grant cooperative agreement assistance pursuant title competitive basis accordance department_of_housing_and_urban_development reform_act sec permits specified funds regard limitations administrative expenses legal services payment services facilities federal_national_mortgage_association fannie_mae ginnie_mae federal_home_loan_mortgage_corporation freddie_mac federal financing bank federal_reserve_banks federal_home_loan_banks bank insured federal_deposit_insurance_corporation act sec prohibits hud appropriations program project activity excess amounts included budget estimates submitted congress provided bill reprogramming sec permits hud corporations agencies subject government corporation control act utilize funds contracts commitments regard fiscal year limitations subject specified restrictions implement fy2017 budget sec requires hud provide quarterly reports congress unobligated excess funds program activity sec requires president budget request hud congressional_budget justifications use account structure included bill sec provides public housing agency pha entity administers federal_housing assistance housing authority county los_angeles california states alaska iowa mississippi required include public housing residents recipients section rental assistance united_states_housing_act governing_board requires pha entity include individuals board establish advisory_board residents public housing recipients section assistance provide advice issues related public housing section sec exempts ginnie_mae certain requirements federal credit reform_act sec permits hud authorize transfer project based assistance debt use restrictions associated multifamily housing project obsolete economically housing housing better meets needs assisted tenants subject specified requirements sec sets forth eligibility requirements section housing assistance vouchers sec requires indian block grant funds distributed native received funds sec permits hud insure home equity conversion mortgages reverse mortgages elderly homeowners fy2017 notwithstanding limitations insurance authority included national housing act sec sets forth requirements hud maintain section assistance multifamily housing held owned hud sec permits community development loan guarantee funds guarantee notes obligations issued state behalf non entitlement communities sec permits certain phas operate fewer public housing units exempt asset management requirements imposed hud connection operating fund rule sec prohibits hud public housing funds impose requirement guideline relating asset management restricts limits use capital funds central office costs limits established quality housing work responsibility act sec prohibits designation hud official employee allotment holder chief financial officer determined employee implemented adequate system funds control received training funds control procedures directives sec requires hud publish internet competitively awarded notices funding availability fy2017 subsequent years sec sets forth limitations reporting requirements payment attorney fees program related litigation sec sets forth requirements transferring reprogramming funds specified hud administrative support office program_office salaries expenses accounts sec permits disaster housing assistance programs administered hud considered hud programs purpose income verification matching sec requires hud specified actions owners receiving rental subsidies maintain safe properties sec limits compensation pha officials employees sec amends united_states_housing_act extend hope program fy2017 program provides funds renovate demolish existing public housing replace mixed income housing sec requires hud notify congress prior announcing recipients grant awards sec prohibits funds provided bill require enforce physical needs assessment sec prohibits funds provided bill receipts collected fha programs implement homeowners armed knowledge program sec prohibits fha ginnie_mae hud funds provided bill finance mortgages properties subject eminent domain sec prohibits use funds available bill terminate status unit general local government metropolitan city respect community development grants housing_and_community_development_act sec permits office policy development research funds research evaluation statistical purposes unexpended completion contract grant cooperative agreement additional research subject reprogramming requirements sec prohibits funds provided title pay bonus employee subject administrative discipline including suspension work sec permits hud use funds provided homeless assistance grants participate multiagency performance partnerships pilots program limited basis sec permits costs paid program income grant recipients count recipient matching requirements continuum care funds program awards project sponsors unified funding agencies competitive grants focused addressing long term housing services needs homeless individuals families sec permits hud consolidate funds manage disaster recovery grants sec amends lead based paint poisoning prevention act residential lead based paint hazard reduction act toxic_substances_control_act treat zero dwellings manner housing units purposes grants provisions laws sec allows phas establish replacement reserves address capital needs sec amends united_states_housing_act change requirements family program sec permits hud establish demonstration program provide incentives phas reduce energy water consumption sec amends department_of_housing_and_urban_development appropriations act repeal requirement hud report annually congress number cost federally assisted units lease sec permits hud provide mobility counseling housing choice voucher participants encourage families lower poverty areas expand access opportunity areas sec amends department_of_housing_and_urban_development appropriations act modify requirements rental assistance demonstration program sec permits hud implement notice provision fixing_america surface_transportation act review tenant incomes requires hud begin rulemaking process months issuing notice sec permits hud use funds provided continuum care program renew specified grant awarded supplemental appropriations act permits state louisiana continue permit program participant receive retain tenant based rental assistance outside geographic area funding assistance considered operation geographic area sec amends mckinney-vento homeless assistance_act permit hud award year transition grants recipients transition program component title iii related agencies provides fy2017 appropriations access board federal_maritime_commission amtrak office_of_inspector_general national_transportation_safety_board neighborhood_reinvestment_corporation interagency council homelessness surface_transportation_board title general_provisions act sets forth permissible prohibited uses funds provided appropriations acts sec prohibits funds provided bill compensate pay expenses non federal parties intervening regulatory adjudicatory proceedings funded bill sec prohibits transfers funds appropriations obligations current fiscal year expressly permitted bill sec limits expenditures consulting services contracts expenditures matter public record available public inspection provided law sec prohibits use funds provided bill employee training specifically related performance official duties sec specifies procedures restrictions reporting requirements reprogramming funds provided bill sec permits unobligated balances remaining end fy2017 appropriations salaries expenses remain available fy2018 subject congressional approval reprogramming guidelines sec prohibits funds provided bill project seeks use eminent domain eminent domain employed public use sec prohibits transfer funds provided bill department agency instrumentality government transfer pursuant appropriations act sec prohibits use funds provided bill permanently replace employee intent returning previous occupation completing military service sec requires expenditures funds provided bill comply buy_american_act sec prohibits funds provided bill available person entity convicted violating buy_american_act sec prohibits funds provided bill purchase class premium airline travel violation specified federal travel regulations sec prohibits use funds provided bill approve new foreign air carrier permit exemption application approval law specified provisions norway air transport agreement sec restricts number employees agencies funded bill send international conferences sec limits surface_transportation_board fees filing rate practice complaints sec prohibits funds provided bill purchase new light duty vehicles accordance presidential federal fleet performance establishes requirements purchasing alternative fueled vehicles


Summary:
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Highlights:

This bill provides FY2017 appropriations for the legislative branch, including the Senate and the agencies that support Congress.

The bill funds Joint Items such as: the Joint Economic Committee, the Joint Committee on Taxation, and the Office of the Attending Physician.

It also provides appropriations for:

 the Capitol Police, the Congressional Budget Office (CBO), the Architect of the Capitol (AOC), the Library of Congress (LOC), the Government Publishing Office (GPO), and the Government Accountability Office (GAO). Pursuant to a longstanding practice under which each chamber of Congress determines its own requirements, the Senate bill does not include funds for the House of Representatives.

The bill increases overall legislative branch funding above the FY2016 level and includes an increase for the Senate.

For other legislative branch agencies and programs, the bill:

 increases funding above FY2016 levels for the Capitol Police, the LOC, and the GAO; decreases funding below FY2016 levels for the AOC; and funds the CBO and the GPO at the FY2016 level. The bill also prohibits a cost of living adjustment for Members of Congress during FY2017.

Full Summary:

Legislative Branch Appropriations Act, 2017

TITLE I--LEGISLATIVE BRANCH

Provides appropriations to the Senate for:

 Expense Allowances; Representational Allowances for the Majority and Minority Leaders; Salaries, Officers, and Employees; the Office of the Legislative Counsel of the Senate; the Office of Senate Legal Counsel; Expense Allowances of the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the Senate; and Contingent Expenses of the Senate. (Sec. 1) Requires that amounts remaining in the Senators' Official Personnel and Office Expense Account be used for deficit reduction or to reduce the federal debt

(Sec. 2) Amends the Legislative Branch Appropriations Act, 2004 to permit the Senate Commission on Art to transfer funds from the Senate Preservation Fund to the Architect of the Capitol (AOC) for the conservation or restoration by the AOC of works of art, historical objects, documents, or material relating to historical matters placed or exhibited, or to be placed or exhibited, within the Senate wing of the U.S. Capitol or any Senate Office Building.

(Sec. 3) Prohibits cost of living adjustments for Members of Congress during FY2017.

Provides appropriations for Joint Items, including:

 the Joint Economic Committee, the Joint Committee on Taxation, the Office of the Attending Physician, and the Office of Congressional Accessibility Services. Provides appropriations for:

 the Capitol Police, the Office of Compliance, and the Congressional Budget Office. (Sec. 1001) Permits the Capitol Police to accept and dispose of surplus property.

Provides appropriations to the Architect of the Capitol (AOC) for:

 Capital Construction and Operations; the Capitol Building; the Capitol Grounds; the Senate Office Buildings; the Capitol Power Plant; the Library Buildings and Grounds; the Capitol Police Buildings, Grounds and Security; the Botanic Garden; and the Capitol Visitor Center. (Sec. 1101) Prohibits funds provided by this bill for the AOC from being used to make incentive or award payments to contractors for work that is behind schedule or over budget, unless the deviations are due to unforeseeable events, government-driven scope changes, or are insignificant within the overall scope of the project or program.

(Sec. 1102) Prohibits funds provided by this bill from being used for scrims (coverings for buildings that are being renovated) containing photographs of building facades during restoration or construction projects performed by the AOC.

(Sec. 1103) Establishes a Flag Office Revolving Fund for the AOC to use for expenses in connection with services provided by the Flag Office, including: (1) supplies, inventories, equipment, and other expenses; and (2) reimbursement of any appropriations account for the salaries of employees of the Flag Office.

(Sec. 1104) Permits the AOC to use balances of expired appropriations to reimburse the Department of Labor for unemployment compensation payments to former AOC employees.

(Sec. 1105) Requires the AOC to establish, document, and follow formal procedures for the suspension and debarment of firms or individuals that the AOC has determined should be excluded from future contracts.

Provides appropriations to the Library of Congress (LOC) for:

 Salaries and Expenses, the Copyright Office, the Congressional Research Service, and Books for the Blind and Physically Handicapped. (Sec. 1201) Limits the FY2017 obligational authority of the LOC for reimbursable and revolving fund activities funded from sources other than appropriations.

Provides appropriations to the Government Publishing Office for:

 Congressional Publishing, Public Information Programs of the Superintendent of Documents, and the Government Publishing Office Business Operations Revolving Fund. Provides appropriations to:

 the Government Accountability Office, the Open World Leadership Center Trust Fund, and the John C. Stennis Center for Public Service Training and Development. TITLE II--GENERAL PROVISIONS

(Sec. 201) Prohibits funds provided by this bill from being used for the maintenance or care of private vehicles, except for emergency assistance and cleaning.

(Sec. 202) Prohibits funds provided by this bill from remaining available for obligation beyond FY2017 unless expressly provided in this bill.

(Sec. 203) Provides that: (1) rates of compensation or designations of offices or positions included in this bill that are either not established by the Legislative Pay Act of 1929 or are contrary to that Act are considered permanent law; and (2) provisions in this bill for official congressional expenses and clerk hire for Senators and Members of the House of Representatives are permanent law.

(Sec. 204) Limits contracts for certain consulting services to those where expenditures are a matter of public record and available for public inspection.

(Sec. 205) Permits legislative branch entities participating in the Legislative Branch Financial Managers Council to use funds provided for administrative expenses to pay a share of the cost of the council if the total cost shared among all participating entities does not exceed $2000.

(Sec.206) Permits the AOC to maintain and improve landscape features in a specified area in the District of Columbia.

(Sec. 207) Prohibits funds provided by this bill from being transferred to any department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to authority provided by an appropriations Act.

(Sec. 208) Prohibits the AOC from using funds provided by this bill to eliminate or restrict guided Capitol tours led by congressional employees and interns, subject to an exception permitting tours to be suspended for security or related reasons.

measure amended introduced summary expanded action occurred measure bill provides fy2017 appropriations legislative branch including senate agencies support congress bill funds joint items joint economic committee joint_committee_on_taxation office attending physician provides appropriations capitol_police congressional_budget_office cbo architect capitol aoc library_of_congress loc government_publishing_office gpo government_accountability_office gao pursuant practice chamber congress determines requirements senate bill include funds house_of_representatives bill increases overall legislative branch funding fy2016 level includes increase senate legislative branch agencies programs bill increases funding fy2016 levels capitol_police loc gao decreases funding fy2016 levels aoc funds cbo gpo fy2016 level bill prohibits cost living adjustment members congress fy2017 summary legislative_branch_appropriations_act title legislative branch provides appropriations senate expense allowances representational allowances majority minority leaders salaries officers employees office legislative counsel senate office senate legal counsel expense allowances secretary senate sergeant arms senate secretaries majority minority senate contingent expenses senate sec requires amounts remaining senators official personnel office expense account deficit reduction reduce federal debt sec amends legislative_branch_appropriations_act permit senate commission art transfer funds senate preservation fund architect capitol aoc conservation restoration aoc works art historical objects documents material relating historical matters placed placed senate wing capitol senate office building sec prohibits cost living adjustments members congress fy2017 provides appropriations joint items including joint economic committee joint_committee_on_taxation office attending physician office congressional accessibility services provides appropriations capitol_police office_of_compliance congressional_budget_office sec permits capitol_police accept dispose surplus property provides appropriations architect capitol aoc capital construction operations capitol_building capitol grounds senate office buildings capitol power plant library buildings grounds capitol_police buildings grounds security garden capitol visitor center sec prohibits funds provided bill aoc incentive award payments contractors work schedule budget deviations events government driven scope changes overall scope project program sec prohibits funds provided bill buildings containing photographs building restoration construction projects performed aoc sec establishes flag office revolving fund aoc use expenses connection services provided flag office including supplies inventories equipment expenses reimbursement appropriations account salaries employees flag office sec permits aoc use balances expired appropriations reimburse department_of_labor unemployment compensation payments aoc employees sec requires aoc establish document follow formal procedures suspension debarment firms individuals aoc determined excluded future contracts provides appropriations library_of_congress loc salaries expenses copyright office congressional_research_service books blind physically handicapped sec limits fy2017 obligational authority loc reimbursable revolving fund activities funded sources appropriations provides appropriations government_publishing_office congressional publishing public information programs superintendent documents government_publishing_office business operations revolving fund provides appropriations government_accountability_office open world leadership center trust_fund john center public service training development title general_provisions sec prohibits funds provided bill maintenance care private vehicles emergency assistance cleaning sec prohibits funds provided bill remaining available obligation fy2017 expressly provided bill sec provides rates compensation designations offices positions included bill established legislative pay act contrary act considered permanent law provisions bill official congressional expenses clerk hire senators members house_of_representatives permanent law sec limits contracts certain consulting services expenditures matter public record available public inspection sec permits legislative branch entities participating legislative branch financial managers council use funds provided administrative expenses pay share cost council total cost shared participating entities exceed permits aoc maintain improve landscape features specified area district_of_columbia sec prohibits funds provided bill transferred department agency instrumentality government transfer pursuant authority provided appropriations act sec prohibits aoc funds provided bill eliminate restrict guided capitol led congressional employees interns subject exception permitting suspended security related reasons


Summary:
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Intelligence Authorization Act for Fiscal Year 2017

TITLE I--INTELLIGENCE ACTIVITIES

(Sec. 101) This bill authorizes FY2017 appropriations for the conduct of intelligence and intelligence-related activities of:

 the Office of the Director of National Intelligence (ODNI); the Central Intelligence Agency (CIA); the Department of Defense (DOD); the Defense Intelligence Agency; the National Security Agency (NSA); the Departments of the Army, Navy, and Air Force; the U.S. Coast Guard; the Departments of State, the Treasury, Energy, and Justice; the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration; the National Reconnaissance Office (NRO); the National Geospatial-Intelligence Agency; and the Department of Homeland Security (DHS). (Sec. 102) The amounts authorized are those in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President.

(Sec. 103) The bill authorizes FY2017 appropriations for the Intelligence Community Management Account. Additional funds identified in a classified schedule for advanced research and development shall remain available until September 30, 2018.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

(Sec. 201) This title authorizes FY2017 appropriations for the Central Intelligence Agency Retirement and Disability Fund.

TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

(Sec. 301) Appropriations authorized by this bill for salary, pay, retirement, and other benefits for federal employees may be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law.

(Sec. 302) Appropriations authorized by this bill shall not be deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or U.S. laws. (Sec. 303) The ODNI may participate in fundraising events for nonprofit organizations that support: (1) surviving family members of deceased intelligence community employees; or (2) welfare, education, or recreation of intelligence community employees, former employees, or family members. It must notify Congress before engaging in such fundraising. (Sec. 304) The ODNI must submit a five-year investment strategy for outreach and recruiting efforts in the fields of science, technology, engineering, and mathematics (STEM) that includes cybersecurity and computer literacy. From FY2018 to FY2022, each element of the intelligence community must submit an annual investment plan that supports the ODNI's strategy along with the materials it submits as justification of its budget requests.

(Sec. 305) Each element of the intelligence community may establish higher minimum rates of pay for positions that require STEM expertise.

(Sec. 306) The ODNI must submit to Congress and publish on its website an annual report regarding the intelligence community's engagements with the entertainment industry for theater productions, motion pictures, radio or television broadcasts, podcasts, webcasts, music, dance, books, or other published material. The reports must include: (1) the federal costs of such engagements, (2) a certification that each engagement did not result in a release of classified information, (3) a determination of whether any information was declassified, and (4) the results of each engagement. No element of the intelligence community may engage in such activities unless it submits a prior notice to Congress.

(Sec. 307) Inspectors general in the intelligence community must prohibit former employees of their offices from being involved in matters that affect the interests of their element of the intelligence community for at least: (1) two years after the individual leaves a senior level position, or (2) one year after the individual leaves a position that is not a senior level position.

The ODNI may not require employees of an inspector general office for an element of the intelligence community to rotate to a position in their element for which such office conducts audits, investigations, or reviews. Inspector general employees are exempt from a rotation that may impact their office's independence.

(Sec. 308) Within 15 days after the President issues a policy or the Director of National Intelligence issues policy implementation guidance that impacts the intelligence community, the ODNI must notify and provide summaries to Congress.

(Sec. 309) Elements of the intelligence community must submit to Congress each memorandum of understanding regarding intelligence activities between the intelligence community and other federal entities.

(Sec. 310) The ODNI and DHS must establish a program to provide assistance from the intelligence community to certain critical infrastructure to reduce the risk of harm caused by cyber attack where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security. Voluntary participation in the program is open to entities external to the intelligence community, including: (1) critical infrastructure identified by DHS where a cybersecurity incident could reasonably result in catastrophic regional or national effects, (2) vendors and manufacturers of cyber assets and system components, (3) commercial enterprises that provide configuration and remote services, and (4) personnel of Information Sharing and Analysis Organizations.

The director of such program may expand cooperation among private sector participants and the intelligence community through: (1) sponsorship of security clearances; (2) establishment of an interagency framework to leverage intelligence community resources and identify intelligence collection requirements; (3) collaborative efforts to detect, prevent, and mitigate unauthorized activity by foreign actors against critical infrastructure, including espionage; (4) protective measures for cyber assets and networks; and (5) technical assistance, testing, and exercises.

TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Subtitle A--Office of the Director of National Intelligence

(Sec. 401) The Office of the National Counterintelligence Executive is redesignated as the National Counterintelligence and Security Center with a director to be appointed by the President with the advice and consent of the Senate.

Subtitle B--Other Elements

(Sec. 411) The CIA may: (1) pay death benefits substantially similar to those authorized for Foreign Service members, and (2) adjust eligibility requirements for such benefits.

(Sec. 412) The CIA inspector general may designate officers or employees as law enforcement officers for purposes of pay and retirement benefits if they are appointed to a position that investigates suspected criminal offenses.

(Sec. 413) An individual may not serve simultaneously as the NSA Director and the commander of a unified combatant command.

(Sec. 414) The FBI must submit a strategic workforce report to demonstrate progress in expanding initiatives to integrate information technology expertise in the investigative process. The report must assess: (1) recruitment, training, retention of personnel with skills in encryption, cryptography, and big data analytics; (2) the integration of officers with such skills into agent-led investigations; (3) collaborations between the FBI and the private sector on cyber issues; and (4) whether to reinstitute the FBI Director's Advisory Board to advise on the integration of technical expertise.

TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

(Sec. 501) The President must establish a committee to counter active measures by Russia to exert covert influence over peoples and governments through front groups, covert broadcasting, media manipulation, disinformation or forgeries, funding agents of influence, incitement, offensive counterintelligence, assassinations, or terrorist acts. The committee shall expose falsehoods, agents of influence, corruption, human rights abuses, terrorism, and assassinations carried out by the security services or political elites of the Russian Federation or their proxies.

(Sec. 502) Accredited diplomatic personnel of the Russian Federation in the United States may not be permitted to travel more than 50 miles from their diplomatic post in the United States in a calendar quarter unless the FBI certifies to Congress that all Russian Federation diplomatic personnel complied during the preceding calendar quarter with U.S. notification requirements for such travel.

(Sec. 503) The ODNI must conduct a study to determine the feasibility of creating an intelligence sharing arrangement and database to provide foreign countries that were parties to the Treaty on Open Skies on February 22, 2016 (except for the Russian Federation or the Republic of Belarus), with aerial imagery of the territories or other parties to the treaty that is comparable, delivered more frequently, and in equal or higher resolution than imagery available through the database established under the treaty. (The Treaty on Open Skies, done at Helsinki on March 24, 1992, and entered into force January 1, 2002, established a regime for unarmed aerial observation flights over the territories of other state party participants.)

The ODNI's imagery sharing study must evaluate: (1) methods by which the United States could collect and provide imagery through commercial satellites, national technical means, or other intelligence, surveillance, and reconnaissance platforms under an information sharing arrangement; (2) the ability of other state parties to contribute to the arrangement; (3) statutory impediments or funding insufficiencies; (4) whether imagery of Moscow, Chechnya, Abkhazia, South Ossetia, Kaliningrad, or the Republic of Belarus could be provided under such an arrangement; and (5) the costs of such an arrangement compared to the costs under the treaty for plane maintenance, aircraft fuel, crew expenses, mitigation measures necessary associated with Russian Federation overflights over the United States or other state parties, and new sensor development and acquisition.

The ODNI must report on: (1) the extent to which Russian flights under the Open Skies Treaty contribute to the Russian Federation's warfighting doctrine; (2) the Russian Federation's capability to exceed the imagery limits set forth in the treaty; and (3) the implications and reactions of state parties if the United States withdraws from the treaty and the information sharing architecture is replaced with another intelligence sharing arrangement.

(Sec. 504) The ODNI and the CIA must submit reports regarding relationships between the U.S. intelligence community and the intelligence entities of foreign countries, international organizations, nonstate actors, or substate actors. The ODNI report must describe: (1) any significant unauthorized disclosures or security or counterintelligence lapses, and (2) the alignment of such relationships with U.S. foreign policy objectives and agency activities. The CIA report must review the coordination of such relationships and assess each foreign country's strength, value, and risks.

TITLE VI--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

(Sec. 601) The Intelligence Reform and Terrorism Prevention Act of 2004 is amended to require the Privacy and Civil Liberties Oversight Board (PCLOB) to inform the ODNI, elements of the intelligence community, and the House and Senate intelligence committees about its activities.

(Sec. 602) If the position of chair of the PCLOB is vacant, the board, by a unanimous vote, may exercise the authority of the chair.

(Sec. 603) The scope of the PCLOB's review of executive branch actions, and its policy advice, is restricted to the privacy and civil liberties of U.S. persons, instead of privacy and civil liberties generally.

TITLE VII--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA

(Sec. 701) The ODNI must complete a declassification review of information on the past terrorist activities of each individual transferred or released from U.S. Naval Station, Guantanamo Bay, Cuba. It must: (1) make such declassified information available to the public and provide a justification to Congress about why any information subject to review was not declassified, and (2) describe mitigation measures being taken by the countries to which such individuals have been transferred or released to monitor them and prevent them from carrying out future terrorist activities.

 (Sec. 702) The bill prohibits the transfer or release to a foreign country of an individual detained at Guantanamo as of October 1, 2009, who is not a U.S. national or a member of the U.S. Armed Forces and who is in or under DOD custody or control or otherwise detained at Guantanamo until after the ODNI certifies that: (1) an intelligence driven threat monitoring system has been established to mitigate the risk of such individuals reengaging in terrorist activity or posing a threat to U.S. persons or national security, and (2) the intelligence community has the capability to monitor all such individuals.

TITLE VIII--REPORTS AND OTHER MATTERS

(Sec. 801) DOD may not exercise its authority to exclude information from special access program reports for national security purposes if the information relates to intelligence activities. (Sec. 802) DOD may establish a Cyber Center for Education and Innovation Home of the National Cryptologic Museum. DOD may enter an agreement with the National Cryptologic Museum Foundation for the design, construction, and operation of such center. (Sec. 803) The federal criminal code is amended to: (1) add electronic communication transactional records as a category of information that the FBI may request with a certification to a wire or electronic communication service provider that the records are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, and (2) prohibit the FBI from requesting the contents of an electronic communication through such process. (Sec. 804) The NSA Director must serve as the National Manager for National Security Directive 42, signed by the President on July 5, 1990, regarding the national policy for the security of national security telecommunications and information systems. Agencies are prohibited from continuing to operate or control national security systems until they register their configurations with the National Manager, and the National Manager acknowledges such registration. The National Manager may inspect national security systems and issue binding operational directives. The definition of "national security system" is revised to remove the current exclusion of routine administrative and business applications (including payroll, finance, logistics, and personnel management applications) that contribute to the direct fulfillment of military and intelligence missions.

(Sec. 805) Elements of the intelligence community must certify to the ODNI that all prospective joint facilities in a vicinity have been considered before they purchase, lease, or construct a new facility that is 20,000 square feet or larger.

(Sec. 806) The ODNI must collaborate with DOD and the Joint Chiefs of Staff to update the strategy for an interagency review of policies for planning and acquiring national security satellite systems and architectures consistent with the National Space Policy issued on June 28, 2010.

The ODNI must appoint a single official to harmonize the intelligence community's governance, operations, analysis, and collection activities related to space and counterspace.

The NRO and the U.S. Strategic Command must submit a concept of operations for the Joint Interagency Combined Space Operations Center.

(Sec. 807) The ODNI must propose a plan to monitor advances in life sciences and biotechnology. The plan must address: (1) organic life science and biotechnology expertise within the intelligence community and the utilization of outside expertise, (2) U.S. competitiveness in the global bio-economy and the risks and threats in genetic editing technologies, and (3) organizational requirements and responsibilities.

The ONDI must report on the role of the intelligence community in the event of a biological attack on the United States, including gaps in technical capabilities to address a novel unknown pathogen.

(Sec. 808) The ODNI must submit plans to implement declassification proposals produced in the course of producing the fundamental classification guidance review for FY2017 required by Executive Order 13526.

(Sec. 809) At least every five years, federal agencies must complete a fundamental classification guidance review to: (1) ensure that their guidance reflects current circumstances, and (2) identify classified information that no longer requires protection and may be declassified. The ODNI must certify annually the creation, validation, substantial modification, or termination of proposed and existing controlled access programs.

(Sec. 810) The ODNI must report on the intelligence community's actions to implement recommendations of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community and the balance between short-, medium-, and long-term research.

(Sec. 811) The ODNI must report on a plan to implement an Intelligence Community Research and Development Corps.

(Sec. 812) The ODNI must report on information collection by individual elements of the intelligence community about the number of applicants for, participants in, and individuals hired by the intelligence community after participating in: (1) the Federal Cyber Scholarship-for-Service Program; (2) the National Security Education Program; (3) the Science, Mathematics, and Research for Transformation Defense Education Program; (4) the National Centers of Academic Excellence in Information Assurance and Cyber Defense; or (4) other intelligence community academic, scholarship, fellowship, or internship programs. If elements of the intelligence community do not independently collect such information, the report must address whether they can begin collecting such information during FY2017 and the resources required to independently collect such information.

measure amended introduced summary expanded action occurred measure intelligence authorization act fiscal year title intelligence activities sec bill authorizes fy2017 appropriations conduct intelligence intelligence related activities office_of_the_director national_intelligence odni central_intelligence_agency cia department_of_defense dod defense_intelligence_agency national_security_agency nsa departments army navy air_force coast_guard departments_of_state treasury energy justice federal_bureau_of_investigation fbi drug_enforcement_administration national_reconnaissance_office nro national_geospatial-intelligence_agency department_of_homeland_security dhs sec amounts authorized classified schedule authorizations shall available congressional appropriations committees president sec bill authorizes fy2017 appropriations intelligence_community_management_account additional funds identified classified schedule advanced research development shall remain available september title central_intelligence_agency retirement disability system sec title authorizes fy2017 appropriations central_intelligence_agency_retirement_and_disability_fund title iii general intelligence_community matters sec appropriations authorized bill salary pay retirement benefits federal employees increased additional supplemental amounts necessary increases compensation benefits authorized law sec appropriations authorized bill shall deemed constitute authority conduct intelligence activity authorized constitution laws sec odni participate fundraising events nonprofit organizations support surviving family members deceased intelligence_community employees welfare education recreation intelligence_community employees employees family members notify congress engaging fundraising sec odni submit year investment strategy outreach recruiting efforts fields science technology engineering mathematics stem includes cybersecurity computer literacy fy2018 fy2022 element intelligence_community submit annual investment plan supports odni strategy materials submits justification budget requests sec element intelligence_community establish higher minimum rates pay positions require stem expertise sec odni submit congress publish website annual report intelligence_community entertainment industry theater productions motion pictures radio television broadcasts music books published material reports include federal costs certification engagement result release classified information determination information declassified results engagement element intelligence_community engage activities submits prior notice congress sec inspectors_general intelligence_community prohibit employees offices involved matters affect interests element intelligence_community years individual leaves senior level position year individual leaves position senior level position odni require employees inspector_general office element intelligence_community position element office conducts audits investigations reviews inspector_general employees exempt rotation impact office independence sec days president issues policy director national_intelligence issues policy implementation guidance impacts intelligence_community odni notify provide summaries congress sec elements intelligence_community submit congress memorandum understanding intelligence activities intelligence_community federal entities sec odni dhs establish program provide assistance intelligence_community certain critical infrastructure reduce risk harm caused cyber attack cybersecurity incident reasonably result catastrophic regional national effects public health safety economic security national security voluntary participation program open entities external intelligence_community including critical infrastructure identified dhs cybersecurity incident reasonably result catastrophic regional national effects vendors manufacturers cyber assets system components commercial enterprises provide configuration remote services personnel information sharing analysis organizations director program expand cooperation private sector participants intelligence_community sponsorship security clearances establishment interagency framework leverage intelligence_community resources identify intelligence collection requirements collaborative efforts detect prevent mitigate unauthorized activity foreign actors critical infrastructure including espionage protective measures cyber assets networks technical assistance testing exercises title matters relating elements intelligence_community subtitle office_of_the_director national_intelligence sec office_of_the_national_counterintelligence_executive redesignated national counterintelligence security center director appointed president advice consent senate subtitle elements sec cia pay death benefits substantially similar authorized foreign_service members adjust eligibility requirements benefits sec cia inspector_general designate officers employees law enforcement officers purposes pay retirement benefits appointed position suspected criminal offenses sec individual serve simultaneously nsa director commander unified combatant command sec fbi submit strategic workforce report demonstrate progress expanding initiatives integrate information technology expertise investigative process report assess recruitment training retention personnel skills encryption big data analytics integration officers skills agent led investigations collaborations fbi private sector cyber issues fbi director advisory_board advise integration technical expertise title matters relating foreign countries sec president establish committee counter active measures russia covert influence peoples governments groups covert broadcasting media manipulation disinformation funding agents influence incitement offensive counterintelligence terrorist acts committee shall expose agents influence corruption human rights abuses terrorism carried security services political russian_federation proxies sec accredited diplomatic personnel russian_federation united_states permitted travel miles diplomatic post united_states calendar quarter fbi certifies congress russian_federation diplomatic personnel complied preceding calendar quarter notification requirements travel sec odni conduct study determine feasibility creating intelligence sharing arrangement database provide foreign countries parties treaty open skies february russian_federation republic belarus aerial imagery territories parties treaty comparable delivered frequently equal higher resolution imagery available database established treaty treaty open skies march entered force january established regime aerial observation flights territories state party participants odni imagery sharing study evaluate methods united_states collect provide imagery commercial satellites national technical means intelligence surveillance reconnaissance platforms information sharing arrangement ability state parties contribute arrangement statutory impediments funding imagery south republic belarus provided arrangement costs arrangement compared costs treaty plane maintenance aircraft fuel crew expenses mitigation measures necessary associated russian_federation overflights united_states state parties new sensor development acquisition odni report extent russian flights open skies treaty contribute russian_federation doctrine russian_federation capability exceed imagery limits set forth treaty implications reactions state parties united_states withdraws treaty information sharing architecture replaced intelligence sharing arrangement sec odni cia submit reports relationships intelligence_community intelligence entities foreign countries international organizations actors actors odni report describe significant unauthorized disclosures security counterintelligence alignment relationships foreign policy objectives agency activities cia report review coordination relationships assess foreign country strength value risks title privacy_and_civil_liberties_oversight_board sec intelligence_reform_and_terrorism_prevention_act amended require privacy_and_civil_liberties_oversight_board inform odni elements intelligence_community house senate intelligence committees activities sec position chair vacant board unanimous vote exercise authority chair sec scope review executive branch actions policy advice restricted privacy civil liberties persons instead privacy civil liberties generally title vii matters relating united_states_naval_station guantanamo_bay cuba sec odni complete declassification review information past terrorist activities individual transferred released naval station guantanamo_bay cuba declassified information available public provide justification congress information subject review declassified describe mitigation measures taken countries individuals transferred released monitor prevent carrying future terrorist activities sec bill prohibits transfer release foreign country individual detained guantanamo october national member armed_forces dod custody control detained guantanamo odni certifies intelligence driven threat monitoring system established mitigate risk individuals terrorist activity posing threat persons national security intelligence_community capability monitor individuals title viii reports matters sec dod exercise authority exclude information special access program reports national security purposes information relates intelligence activities sec dod establish cyber center education innovation home national museum dod enter agreement national museum foundation design construction operation center sec federal criminal code amended add electronic communication transactional records category information fbi request certification wire electronic communication service provider records relevant authorized investigation protect international terrorism clandestine intelligence activities prohibit fbi requesting contents electronic communication process sec nsa director serve national manager national security directive signed president july national policy security national security telecommunications information systems agencies prohibited continuing operate control national security systems register configurations national manager national manager acknowledges registration national manager inspect national security systems issue binding operational directives definition national security system revised remove current exclusion routine administrative business applications including payroll finance logistics personnel management applications contribute direct fulfillment military intelligence missions sec elements intelligence_community certify odni prospective joint facilities vicinity considered purchase lease construct new facility square feet larger sec odni collaborate dod joint_chiefs_of_staff update strategy interagency review policies planning acquiring national security satellite systems architectures consistent national space policy issued june odni appoint single official harmonize intelligence_community governance operations analysis collection activities related space nro strategic command submit concept operations joint interagency combined space operations center sec odni propose plan monitor advances life sciences biotechnology plan address organic life science biotechnology expertise intelligence_community utilization outside expertise competitiveness global bio economy risks threats genetic editing technologies organizational requirements responsibilities report role intelligence_community event biological attack united_states including gaps technical capabilities address novel unknown pathogen sec odni submit plans implement declassification proposals produced course producing fundamental classification guidance review fy2017 required executive order sec years federal agencies complete fundamental classification guidance review ensure guidance reflects current circumstances identify classified information longer requires protection declassified odni certify annually creation validation substantial modification termination proposed existing controlled access programs sec odni report intelligence_community actions implement recommendations national_commission_for_the_review_of_the_research_and_development_programs united_states_intelligence_community balance short- medium- long term research sec odni report plan implement intelligence_community research development corps sec odni report information collection individual elements intelligence_community number applicants participants individuals hired intelligence_community participating federal cyber scholarship service program national security education program science mathematics research transformation defense education program national centers academic excellence information assurance cyber defense intelligence_community academic scholarship fellowship internship programs elements intelligence_community independently collect information report address begin collecting information fy2017 resources required independently collect information