[Congressional Record Volume 163, Number 143 (Wednesday, September 6, 2017)]
[House]
[Pages H6695-H7072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
General Leave
Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members be given 5 legislative days within which to revise and extend
their remarks and include extraneous material in the consideration of
H.R. 3354, and that I may include tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 500 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 3354.
The Chair appoints the gentleman from New York (Mr. Collins) to
preside over the Committee of the Whole.
{time} 1625
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3354) making appropriations for the Department of the Interior,
environment, and related agencies for the fiscal year ending September
30, 2018, and for other purposes, with Mr. Collins of New York in the
chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from New Jersey (Mr. Frelinghuysen) and the gentlewoman
from New York (Mrs. Lowey) each will control 1 hour.
The Chair recognizes the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chair, I yield myself such time as I may
consume.
Mr. Chair, I rise today to present H.R. 3354, the Make America Secure
and Prosperous Appropriations Act. This legislation moves Congress one
step closer to completing its critical work on our fiscal year 2018
appropriations bills ahead of the end of the fiscal year on September
30.
Our bill respects the American people, their priorities for our
Nation, and their hard-earned tax dollars, and it will help move our
great country forward to a more stable and prosperous future.
This funding, totaling $1.2 trillion, supports important domestic and
international programs that keep our people safe and help our economy
grow and thrive, protects us from terrorists and those who want to do
us harm, and assures that America has a critical role across the globe
both militarily and diplomatically.
Most importantly, this bill continues the work started with the
national security funding package that passed the House in July, the
Make America Secure Appropriations Act, and it prioritizes the safety
of the American people, targeting funding towards critical law
enforcement programs, securing our borders and our cyber networks,
fighting terrorism, combating opioid abuse, and stemming the flow of
illegal drugs and goods.
Other funds are directed to programs that provide the greatest
national benefit, including those that keep our food and drug supplies
safe, that support public health preparedness, fight devastating
wildfires, invest in critical infrastructure, and otherwise protect and
support our economy and economic freedom.
All of these investments are made responsibly. In each of our bills
within this package, we have found savings, gotten rid of waste, fraud,
and duplication, and increased oversight to ensure that no taxpayer
dollar is misspent, but we still have more work to do. This is the next
step in the process, but it is not the end.
We must also address new needs arising from terrible flooding and
damage
[[Page H6696]]
inflicted by Hurricane Harvey, which is affecting hundreds of thousands
of people across Texas and Louisiana, as well as continue all
government operations until the final appropriations package can be
conferenced with the Senate and signed into law.
{time} 1630
This legislation today represents the House priorities and shows the
American people that this Chamber is moving forward, governing
effectively, and getting things done here in Washington.
Before I close, I would like to thank the members of the
Appropriations Committee for their hard work over the past few months,
and the staff that allows us to consider this bill today, especially
the 12 chairs of the subcommittees. The committee drafted, considered,
and marked up all 12 appropriations bills in under 2 months, a record-
breaking pace, and as a result, we have a fine package of solid bills
on the floor this afternoon.
I particularly would like to thank the chairs and ranking members of
the committee of the bills we are considering today, as well as the
ranking member of the full committee, Mrs. Lowey, for her partnership
and friendship throughout this process. I would also like to extend my
personal thanks to our staff on both sides of the aisle for their
efforts on these bills.
This package is a product not only of the committee's work, but also
of the contribution of all Members of this body. While drafting these
bills that compose this package, we took Members' submissions very
seriously, creating a more representative bill that reflects the will
of the American people.
In July, the House took the first responsible step of providing
funding for critical national security priorities. With this bill, we
complete our work on all 12 of our appropriations bills for the fiscal
year.
This morning, the House came together on an overwhelmingly bipartisan
basis to pass desperately needed emergency funding for the victims in
Texas and Louisiana whose lives were destroyed by Hurricane Harvey.
Funding these important responsibilities of the Federal Government is
our constitutional duty to the people we serve.
Mr. Chairman, I urge my colleagues to vote ``yes'' on this bill, and
I reserve the balance of my time.
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Mrs. LOWEY. Mr. Chairman, I yield myself 8 minutes.
Mr. Chairman, I rise in strong opposition to this bill, which would
turn back the clock on American excellence, following President Trump's
lead on divesting from education, health, foreign assistance, science,
and infrastructure.
The process for this bill has been outrageous, and this debate,
frankly, is an utter waste of time. Just hours ago, Congressional
leadership and the President agreed to pass a package including
Hurricane Harvey assistance as well as a debt limit extension and a
continuing resolution to keep government running until December 15. We
should be working to pass that measure now so that we can work toward a
bipartisan budget agreement instead of wasting days on a bill that
undercuts economic growth and priorities on which families rely, and is
so hyperpartisan it will never earn the Democratic support needed to be
enacted.
Breaking from longstanding tradition that enables Members to advance
amendments in an open process, the Rules Committee required amendments
be submitted 12 days ago during the District work period and reported a
restrictive, structured rule for relatively few of them so far.
The majority denied consideration of many amendments that would
address timely, high-profile challenges, some of which cut to the core
of our democracy, and would have been allowed under an open rule. In
one of the most egregious examples, the majority blocked an amendment
to provide safeguards to ensure the integrity of government reports on
violent domestic extremism, the likes of which erupted in
Charlottesville in recent weeks, resulting in the death of a young
woman exercising her right to freedom of speech.
Not only were amendments to address the President's revocation of
DACA deemed out of order, in an affront to the Appropriations Committee
and to this institution, the majority removed a bipartisan amendment
passed in committee that would have allowed DREAMers to work for the
Federal Government.
My friends, we have a responsibility to pass the DREAM Act now. It is
absurd that, after years of receiving bipartisan majority support,
Republican leadership has refused to allow a vote.
The Rules Committee should make in order amendments to protect the
integrity of our elections and the independence of the special
counsel's Russia investigation.
This bill also fails on the merits. The nondefense bills are below
sequestration levels set in law, slashing funding for teacher training,
apprenticeship grants to help young adults train for good jobs, law
enforcement grants that help keep our communities safe, environmental
protections that ensure we drink clean water, breathe clean air,
highway and transit grants that improve the quality of life for our
constituents, and a number of scientific and research programs that are
important for global competitiveness.
This bill is littered with riders with deep-rooted opposition, like
cutting funding for Planned Parenthood. If the majority is serious
about governing, loading must-pass spending bills with these policy
riders is a surefire way to fail.
Turning to the State and Foreign Operations division of the bill, I
want to thank Steve Marchese, Erin Kolodjeski, and Matt Washington with
the subcommittee; Liz Leibowitz and Dean Fischer from my office; Craig
Higgins, Susan Adams, Clelia Alvarado, David Bortnick, Winnie Chang,
Lacy Kilraine, Megan O'Donnell, and Alex Pinson with the majority.
Diplomacy and development efforts are critical to protecting our
country's national security and building stronger and more stable
communities around the world. That is why cuts in this division are so
deeply troubling.
As demonstrated through both the President's unworkable request and
the subcommittee's unsustainable allocation, the majority does not
fully embrace the vital role diplomatic and development activities add
to our national security and economic interests abroad.
On the positive side, the bill sustains our bipartisan and unwavering
support for our close ally and partner Israel, as well as Jordan. And I
do appreciate Chairman Rogers protecting resources for basic education,
water, sanitation, democracy, and some vital women's programs, which
provide communities the foundations for inclusive economic growth and
poverty reduction.
While he rejected the most extreme proposals in the President's
budget, the allocation is insufficient to respond to global challenges.
We must reverse dangerous and shortsighted cuts for programs such as
multilateral cooperation, international family planning, and climate
change, as well as the expansion of the Global Gag Rule to all global
health programs, and the prohibition on U.S. contributions to UNFPA.
The Rules Committee should have made in order amendments I submitted
to strike the expansion of the Global Gag Rule and the ban on funding
for the United Nations Population Fund, and to restore essential
funding for international development and diplomacy.
Despite the administration's professed hope that other nations will
fill the gaps created by cuts in this bill, we are at risk of that void
being filled by those who oppose our values and interests, leaving the
world far different from what we want for our children and
grandchildren.
It is time for the majority to set aside its most extreme proposals,
including the border wall and interior immigration enforcement, and
work with Democrats to write bipartisan legislation that could actually
be enacted.
Mr. Chairman, I urge a ``no'' vote, and I reserve the balance of my
time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 3 minutes to the gentleman
from Kentucky (Mr. Rogers), the chairman of the State and Foreign
Operations Subcommittee, my predecessor as full chairman.
Mr. ROGERS of Kentucky. Mr. Chairman, I rise today in strong support
of the fiscal year 2018 appropriations measure before us today. The
committee, as the chairman said, has worked at a historic pace to
produce a bill that reflects the priorities of the American people.
Chairman Frelinghuysen should be recognized for his leadership in
bringing this legislation through committee and before the House in
record time.
While the entirety of the package should be supported, I want to
highlight, Mr. Chairman, the funding provided for the Department of
State and Foreign Operations. This portion of the bill reduces
international diplomatic and development programs by $10 billion, a 17
percent reduction from fiscal year '17. In a tough budget environment,
the bill strikes a delicate balance between fiscal responsibility and
support for continued U.S. leadership and foreign aid.
First and foremost, over $6 billion is allocated for embassy
security, which will enable the State Department to safeguard American
diplomatic facilities overseas, in line with the recommendations of the
Benghazi Accountability Review Board.
Second, the bill contains $8.4 billion for security assistance to
support key U.S. allies and partners. The U.S.-Israel Memorandum of
Understanding is fully funded at $3.1 billion. The bill also maintains
foreign military financing for Egypt, Jordan, Tunisia; and it increases
security assistance for Ukraine, and provides extra support for other
countries facing Russian aggression.
In our own hemisphere, the bill will help counter transnational
criminal organizations and the flow of illegal drugs by supporting our
partnerships with Colombia, Central America, and Mexico.
Third, the bill promotes American values around the world by
maintaining funding for key democracy programs.
Fourth, the bill continues our country's strong tradition of helping
the most vulnerable, providing $8.3 billion for global health programs
and over $5.9 billion for humanitarian assistance. At the same time,
the bill protects and preserves life by embracing an expanded Mexico
City policy, prohibiting funding for the U.N. Population Fund, and
continuing all pro-life riders carried in prior House bills.
Finally, at a time when we must remain focused on balancing Federal
spending, this bill eliminates many programs, aims to improve oversight
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and management, and makes our government more accountable. No funds are
provided for President Obama's Global Climate Change Initiative.
Funding for the U.N. is reduced by $900 million, and international
banks and financial institutions are cut by over $800 million.
The CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield an additional 30 seconds to
the gentleman.
Mr. ROGERS of Kentucky. Mr. Chairman, this legislation advances both
our national security and economic interests. I urge support for the
bill.
{time} 1645
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentleman from New
York (Mr. Serrano), the ranking member of the Subcommittee on Commerce,
Justice, Science, and Related Agencies.
Mr. SERRANO. Mr. Chairman, I thank Ranking Member Lowey.
I wish we could be here under other circumstances. The process to
consider the CJS portion of this bill as part of an omnibus package is
not in keeping with how the appropriations process should work. Each
bill should be given individual consideration under an open rule.
Some on the other side are cheering this floor process, which is
ironic given their years of opposition to such a lumped-together
package.
I am not sure what has changed their minds today, and at this point
we don't even know if Members will be allowed to offer amendments that
are necessary to improve half of the bill and rein in this out-of-
control administration because the Rules Committee has not yet provided
us with that information.
I also wish that the substance of what we are considering this week
were better. As the ranking member of the CJS Subcommittee, I can say
that the CJS portion of this bill received an inadequate allocation.
After scorekeeping adjustments, the bill includes an approximately 1
percent cut below fiscal year 2017. This is far below the level needed
to adequately fund the programs in this bill which are crucial to
economic development, scientific innovation, and protecting our
Nation's cherished constitutional values.
Before we touch upon these serious problems, let me mention some
areas where both sides agree. I do want to commend Chairman Culberson
for rejecting several of the worst ideas in the Trump administration's
budget. This includes rebuffing proposals that would have reduced
research funding at the National Science Foundation and eliminated the
Minority Business Development Agency. This bill also rejects cuts to
educational efforts in the NSF, NASA, and a proposed cut for the FBI.
Unfortunately, far too many of the President's terrible proposals are
given credence by this legislation. The Legal Services Corporation, the
Manufacturing Extension Partnership Program, and the Economic
Development Administration all absorb significant cuts below the
current funding level. The Census Bureau is greatly underfunded and
will be unable to complete the important and necessary work that must
be done now to prepare for the 2020 Census.
A number of other programs are shortchanged, including climate change
research programs at NSF and NOAA, several National Weather Service
initiatives, and a number of DOJ grant programs, like the COPS Hiring
Program and several police reform grant programs. Democrats and
Republicans, alike, support most, if not all, of these programs, but we
simply cannot fix these problems under this allocation.
I am also troubled that this bill allows many of the administration's
most disturbing priorities and initiatives related to immigration and
civil rights to move forward without the necessary congressional
oversight. In the wake of Charlottesville and Tuesday's DACA decision,
there are many in this country who are justifiably questioning the
President's commitment to tolerance, fairness, and inclusiveness.
The Trump administration's budget request for the Department of
Justice raises those questions as well. A proposal to harm immigrants
by increasing criminal enforcement is funded in this bill. There is no
attempt to limit the Department's actions to undermine affirmative
action, support voter restriction that disproportionally hurts minority
populations, and ignore LGBT protections. Many of these ideas have long
been rejected by the American people, but the President and the
Attorney General continue to give them credibility.
Democrats and Republicans have offered amendments to limit the reach
of these drastic policy changes, but at this point, it is unclear
whether any of these amendments will be made in order. I hope we will
have a serious opportunity to make changes to this bill, but that seems
unlikely.
In its current form, I cannot support this portion of the bill or the
bill as a whole.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 3 minutes to
the gentleman from Alabama (Mr. Aderholt), chairman of the Agriculture
Subcommittee on Appropriations.
Mr. ADERHOLT. Mr. Chairman, it is my distinct honor to bring the
fiscal year 2018 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies bill before you today as part of
the Make America Secure and Prosperous Appropriations Act.
I do want to thank Chairman Frelinghuysen for his commitment to the
annual appropriations process. Under his steadfast leadership, the
House is scheduled to vote on all 12 appropriations bills, which is an
extraordinary achievement.
I would also like to thank Ranking Member Lowey and Ranking Member
Bishop for their cooperative spirit. Mr. Bishop is the new ranking
member for the Agriculture Subcommittee, and I have enjoyed working
with him over the past several months as we have moved forward to try
to help rural America and rural communities.
The Agriculture Appropriations bill responsibly targets funds to
national programs that provide the most benefit to the American people
and to the United States economy. The bill received bipartisan support
throughout the process, even though much of the funding and policies
reflect a conservative policy.
The overall total for both discretionary and mandatory spending in
the bill equals $144.9 billion. That is $4.1 billion above the
President's request and $8.6 billion below the FY17 enacted level. The
bill includes $20 billion in discretionary budget authority, which is
$1.1 billion below the FY17 enacted level when adjusting for the
Commodity Futures Trading Commission. The mandatory funds in this bill
support USDA's farm production, conservation, crop insurance, and
nutrition programs.
I would like to thank all the Members who have submitted requests and
gave input as we have moved forward and crafted this legislation.
Knowing what programs Members are interested in has helped us direct
funding to support rural communities across the country and also combat
animal and plant pests and disease threats, promote U.S. agricultural
exports, support food safety and medical product safety, provide U.S.
commodities to those in need overseas, and address the critical needs
of research.
We protected our most vulnerable populations in this bill by
providing funding for all of USDA's nutrition programs at levels that
ensure all eligible participants will receive the nutrition assistance
that they need. We made sure that the farm loan programs will meet
current estimates of demand during the current economic downturn in
several areas of the farm economy.
Furthermore, the bill provides $5.2 billion to the Food and Drug
Administration, including the preservation of nearly $2.8 billion in
discretionary resources to assist the FDA in protecting and promoting
public health. The bill continues to support the food safety activities
associated with the Food Safety Modernization Act and provides $60
million in new funds to the 21st Century Cures Act.
In closing, I would like to especially thank the staff on the
Agriculture Appropriations Subcommittee, my personal staff, the
minority staff, and Mr. Bishop's staff.
The CHAIR. The time of the gentleman has expired.
[[Page H6838]]
Mr. FRELINGHUYSEN. Mr. Chair, I yield an additional 15 seconds to the
gentleman to thank the staff.
Mr. ADERHOLT. Mr. Chair, I appreciate, again, the bipartisan
cooperation that went into crafting this bill. It is very important.
Mr. Chair, I would ask my colleagues to support this legislation.
Mrs. LOWEY. Mr. Chair, I yield 2 minutes to the gentlewoman from Ohio
(Ms. Kaptur), who is the ranking member of the Subcommittee on Energy
and Water Development, and Related Agencies.
Ms. KAPTUR. Mr. Chair, I want to thank Ranking Member Lowey for
yielding me time. Thank you to all members of the committee for the
long hours you have dedicated to these bills, certainly our chairman,
Rodney Frelinghuysen. The artificially low allocations you were given
have resulted in a package that I cannot support, but I want to note
your efforts to find compromise where it was possible.
Though the House passed the Energy and Water bill as part of July's
Christmas tree minibus, I am back down here today because the
Republican majority has harmed the Department of Energy's funding for
the Advanced Technology Vehicles Manufacturing Loan Program, or, as
they call it, the ATVM. It has been gutted as a pay-for to cover
another shortsighted Republican cut to a Federal Emergency Management
program.
Today's rule allowed this boneheaded Republican action, plotted just
weeks ago before Mother Nature's catastrophic fury hit Texas with
Hurricane Harvey. It doesn't look good to the American people when the
majority cuts programs that are desperately needed. It doesn't serve
America's future if money is pulled from developing engine technologies
to increase fuel economy of cars, expand domestic manufacturing, and
create good-paying American jobs.
Unless you live under a rock, you know these initiatives are both
popular and effective and necessary: 61 percent of Republicans in Ohio
support the requirement of getting to an average of 40 miles per gallon
in new cars by 2025, with 73 percent of the public, overall, supporting
that.
The Department of Energy's Advanced Technology Vehicle program
supported Ford's development of the EcoBoost engine, which is built in
Ohio at Brook Park, in my own district. Advanced Vehicle Research
supported the development of all-electric vehicles, from Nissan's Leaf
in Tennessee to Tesla's Model S in California. It supports America's
competitiveness in a fiercely competitive and tough global marketplace
that is, many times, not on the level.
We should support innovation and collaboration, not eliminate job-
creating programs. I will fight to preserve this program in the final
spending package.
The CHAIR. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Chair, I yield an additional 1 minute to the
gentlewoman.
Ms. KAPTUR. Mr. Chair, thus, I encourage all my colleagues to oppose
this sort of backward maneuver and oppose the final bill.
In closing, I would like to say, and to acknowledge publicly, a very
big thank you and congratulations to Taunja Berquam on her upcoming
retirement from Congress. I know she will have a bright future ahead.
After her distinguished and exemplary service with the Army Corps of
Engineers, including in Iraq, she dedicated over a decade of her
brilliant life and mind to the important task of managing the
Appropriation's Energy and Water Development, and Related Agencies
Subcommittee accounts during my tenure as ranking member, as well as
for Representative Peter Visclosky before me.
Taunja's high-minded commitment to democratic principles is
unyielding. Our committee is losing a trusted and honorable adviser.
Her expertise and no-nonsense approach served our members, the staff,
and the American people extraordinarily well.
Taunja, you will be missed, and you can leave knowing that you made a
positive difference for America's future in nuclear readiness, in our
energy future security, and in vital Army Corps development from coast
to coast. We thank you.
Mr. FRELINGHUYSEN. Mr. Chairman, let me associate myself with the
remarks of Ms. Kaptur.
Taunja, thank you for your service to our Nation, your help to both
Republicans and Democrats, and to the Nation. We are indebted to you.
Good luck to you.
Mr. Chairman, I yield 3 minutes to the gentleman from Texas (Mr.
Culberson), the chairman of the Commerce, Justice, Science, and Related
Agencies Subcommittee, who spoke so eloquently this morning.
Mr. CULBERSON. Mr. Chairman, first of all, I want to thank everyone
here in the House for their kind words and their prayers and their
support this morning for the Hurricane Harvey relief bill. I want to
thank you in particular, Chairman Frelinghuysen, for your hard work,
along with the Speaker, to get that legislation passed through the
House in record time to get relief to the people of Texas and Lousiana,
and know that we are praying for the people of Puerto Rico and Florida
who are facing this terrible hurricane right now.
Today, I am pleased to present the fiscal year 2018 Commerce,
Justice, Science, and Related Agencies Appropriations bill.
I want to particularly thank my ranking member, Jose Serrano, who has
been a good partner to work with and for his support when it comes to
science, and NASA has deeply appreciated it. His input has improved the
bill significantly.
I am also very grateful to Chairman Frelinghuysen and Ranking Member
Lowey for their help in writing this bill, and the superb staff work on
both sides of the aisle in putting it together.
{time} 1700
This Commerce, Justice, Science, and Related Agencies bill provides
$54 billion in discretionary funding this year, which is $2.6 billion
below fiscal year 2017.
We have done our best to be good stewards of our constituents' hard-
earned and very precious tax dollars. We fund critical programs in this
bill while cutting or freezing lower priority programs.
One of the main priorities of the Commerce, Justice, Science, and
Related Agencies bill is to fund both Federal and local law enforcement
agencies. Our bill provides the FBI with $8.8 billion, which is a $92
million increase over the budget request.
The FBI has done a superb job in protecting this Nation against
espionage, cybercrime, terrorism, and hate crimes. The threats against
our security are real and evolving. We have done our best in this bill
to make sure that the FBI has the resources it needs to continue to
protect this great Nation.
The Commerce, Justice, Science, and Related Agencies bill also
provides increases across all other Federal law enforcement agencies,
Mr. Chairman, to enhance their capabilities, to combat illegal
immigration, violent crime, and go after human and opioid traffickers.
Unfortunately, Houston, Texas, is a center of human trafficking. And
our legislation makes sure that all Federal agencies have the resources
they need to combat these modern human slavers.
We have provided funding for 65 new immigration judge teams to reduce
the 500,000 immigration case backlog; we have got a $22 million
increase in here, Mr. Chairman, for U.S. attorneys, an $88 million
increase for U.S. marshals, a $98 million increase for the DEA, and a
$35 million increase for ATF.
We have also provided strong funding for priority State and local law
enforcement programs that protect women and children and help support
our local police officers. I am especially grateful, and I want to say
a special thank you, to all of the first responders who saved so many
lives in Houston and across southeast Texas and southwest Louisiana.
Our first responders have been absolutely magnificent in helping
protect the people of Texas, and I know they will be there for the
people of Puerto Rico and Florida.
Our legislation includes $527 million to fight human trafficking and
protect women against violence. We have provided $72.5 million to help
protect missing and exploited children. We have provided $500 million
for the Byrne JAG program to help local law enforcement agencies and
$220 million to help
[[Page H6839]]
reimburse State and local agencies for housing criminal aliens.
The CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Chair, I yield an additional 30 seconds to the
gentleman from Texas.
Mr. CULBERSON. Mr. Chair, the bill also provides $19.9 billion for
NASA, which is a $218 million increase, and the bill advances space
exploration and ensures America will remain the world leader in space
exploration and technology.
The bill makes sure that the human spaceflight program is fully
funded and that we will have Americans launched back into space on
American-built rockets as soon as humanly possible.
The bill does not adopt the proposed cut to the National Science
Foundation, and we have continued to fund basic scientific research.
We have included numerous oversight provisions, Mr. Chairman, to
protect hard-earned taxpayer dollars, and we have also continued
provisions included in previous year bills to protect our Second
Amendment rights.
Mr. Chair, I thank the chairman for the time and urge all Members to
support the CJS bill.
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Hoyer), the distinguished Democratic whip.
Mr. HOYER. Mr. Chair, I thank the gentlewoman for yielding.
Initially, I want to say that I hope that very soon, in a bipartisan
way, we will bring a DACA bill to this floor.
Let me quote what President Trump said last night. Trump tweeted that
he wanted to ``legalize DACA,'' another call to action, and further
muddled where the administration stood and what it would do.
He said: We need to come together and do this, and we really have no
choice.
Now, I want to speak about this bill. As the chairman knows, and as
the ranking member knows, I served on the Appropriations Committee for
23 years, so I have taken leave of absence because I am one of the
leaders on our side of the aisle.
For most of those years, we worked in a bipartisan fashion. This is a
partisan bill. It is sad, and it is not regular order at all. Regular
order is doing one bill after another until you have passed the 12
bills. In fact, I don't think I have ever seen this process done in
this fashion.
When I was the majority leader, the first year we passed all 12 bills
individually, discretely, separately, and sent them to the Senate
before the August break.
Hal Rogers, the former chairman of this committee, said of the
President's budget: ``While we have a responsibility to reduce our
Federal deficit, I am disappointed that many of the reductions and
eliminations proposed in the President's skinny budget are draconian,
careless and counterproductive.'' I think the same could be applied to
the budget that is before us.
The omnibus appropriations package the House is considering this week
is, as all of us here recognize--all of us recognize--the chairman, I
have great respect for, and I am not going to ask him publicly whether
he thinks the Senate is going to adopt any one of these bills, but I
know his answer.
The CHAIR. The time of the gentleman has expired.
Mrs. LOWEY. Mr. Chair, I yield an additional 1 minute to the
gentleman from Maryland.
Mr. HOYER. Mr. Chair, let me say to my colleagues, this is not the
way to do it. John McCain gave a compelling speech on the floor of the
United States Senate as he was challenged with a brain tumor and
thinking deeply about what we ought to do. And he said: We need to act
together. We need to be bipartisan. We need to do the people's work in
a way they expect us to do it: together.
Mr. Chairman, this bill is not going to get a Democratic vote. That
is sad. It is sad for the House; it is sad for the country; and it is
sad for the people who will be shortchanged by this bill.
I urge my colleagues to vote ``no,'' and I urge the majority party to
return to the table, as surely we will, to work in a bipartisan fashion
to construct bills that we can all be proud of.
There will be compromises. We won't get all that we want, but they
will be bills that the American people can be proud of and that this
House can be proud of. Let us return to the bipartisan comity and
respect for one another that so long prevailed in the Appropriations
Committee. How sad we have fallen to this place.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 3 minutes to the gentleman
from Texas (Mr. Carter), the chairman of the Homeland Security
Subcommittee on Appropriations. As I learned this morning, he is a true
son of Houston, whose eloquence and compassion we heard this morning.
Mr. CARTER of Texas. Mr. Chairman, I want to thank Mr. Frelinghuysen
and Mrs. Lowey for all the work that we did together on this bill. The
whole bill is a good bill. It deserves this House's support.
But I am here to present the Department of Homeland Security
Appropriations bill for fiscal year 2018, which, in turn, deserves your
support. This is a good bill that is essentially for the security of
our Nation. It not only funds vital security and law enforcement
capabilities, but it also restores funding for critical Federal
assistance grant programs and disaster relief.
As importantly, it provides the oversight essential to ensure the
Department's actions are in accordance with congressional intent.
Let's look at it. For CBP, $1.6 billion for 74 miles of border wall
construction that was previously included in the Make America Secure
Appropriations Act that was passed in July.
In addition to the funding for the wall construction, this bill will
fund additional border patrol agents and virtually all of the
technology, infrastructure, and assets needed for the security of our
borders.
For ICE, this bill funds 44,000 detention beds; 10,000 more beds than
were funded in 2016; almost 4,700 more than the number funded in 2017.
This bill will strengthen ICE's ability to enforce immigration laws
and conduct investigations into human trafficking, child exploitation,
and transnational crime.
For TSA, although the bill does not include the proposed increase in
aviation security fees, it fully funds required transportation security
screeners.
For the Coast Guard, all major acquisition programs are funded at the
required level: the polar icebreaker, the offshore patrol cutter, and
the fast response cutter.
For FEMA, the bill fully funds the request for disaster assistance.
It restores nearly $940 million to the Federal assistance for first
responder grants and education training exercises. Additionally, the
bill fully funds all cybersecurity acquisition requirements at the
requested levels, fully funds the Secret Service, and fully funds E-
Verify.
In conclusion, my colleagues, this bill strengthens the security of
our Nation. It also sends a powerful message that if you break our
Nation's laws and cross the border illegally, you will suffer the
consequences: apprehension and a guaranteed stay in detention.
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentleman from
North Carolina (Mr. Price), the ranking member of the Committee on
Transportation, Housing and Urban Development, and Related Agencies.
Mr. PRICE of North Carolina. Mr. Chairman, I thank our ranking member
for yielding, and I thank her and our chairman for their good work.
I must still rise, however, in opposition to the fiscal 2018
Transportation, Housing and Urban Development, and Related Agencies
bill, and the Republican Omnibus bill.
I want to stress, Mr. Chairman, that I am heartened, as I imagine
every Member of this body is heartened, by the bipartisan cooperation
we have been able to muster to reach out to our neighbors in Texas and
Louisiana who have been so devastated. It is the same kind of
solidarity and cooperation that I know we will muster, whatever the
need is after Irma reaches our shores. We anticipate that storm with a
great deal of concern and apprehension.
We have a history in this body of pulling together when it matters
for our neighbors whenever disasters strike. That kind of cooperation
is absolutely essential to who we are as a country and who we are as an
institution.
Mr. Chair, I want to urge that we bring that same spirit of
cooperation,
[[Page H6840]]
that same understanding of the historic cooperation that has
characterized appropriations, to our larger appropriations challenge.
After all, this is the power of the purse. This is our main
constitutional power, and history shows it works best when it is
exercised cooperatively, no matter who the President is or what the
party division is.
We need to work in a cooperative fashion to make sure that this power
is just as effectively and responsibly exercised as possible. This
eight-bill exercise in which we are engaged today is a deeply flawed
process. We need to overcome this, and I believe eventually we will,
with a bipartisan budget agreement such as we have had each of the last
4 years. This will let us cooperatively write appropriations bills that
address our country's needs. But that is not where we are today, Mr.
Chairman.
I do want to give the chairman of our subcommittee, Mario Diaz-Balart
of Florida, credit for an open and collaborative process, but he and
the subcommittee have been dealt an inadequate hand. We simply can't do
what needs to be done with this allocation.
In the case of the T-HUD bill, we have only appropriated $56.5
billion for vital transportation, housing and community development
programs, and that is $1.1 billion less than the enacted level. We have
got to do better than this. We have got to do right by our country's
infrastructure needs.
One of the most egregious omissions in this bill is funding for the
TIGER program. This is a program that has addressed infrastructure
needs across our country. Estimates are that we are addressing only 5
percent of the meritorious projects put forward under TIGER.
I can tell you about one project we are funding. I visited it last
week: Union Station in Raleigh, North Carolina, a beautiful multimodal
facility that is going to facilitate passenger rail, transit, buses,
intermodal transportation, and it is going to revitalize a landmark
downtown district.
{time} 1715
That is an ideal use of TIGER funds. Communities all over this
country need that sort of investment, yet this bill zeros that program
out completely. It also cuts New Starts for transit--Capital Investment
Grants--by $659 million.
Now, I give the chairman credit for including bill language to ensure
that the FTA continues to rate and review projects in the New Starts
pipeline, but at this funding level, only a few of those projects can
actually be funded. Our cities across this country are eager to
institute transit programs. They have gone through all the steps to do
this responsibly. We need to keep faith with those communities by
improving on this aspect of our bill.
Over at HUD, the Choice Neighborhoods program--formerly called HOPE
VI--that has transformed dozens of public housing developments into
thriving, mixed-income communities, receives only $20 million in this
bill compared to $137 million in the fiscal '17 bill. Now, I recognize
this is a placeholder amount, and I look forward to working to improve
this number moving forward.
The CHAIR. The time of the gentleman has expired.
Mrs. LOWEY. Mr. Chairman, I yield an additional 1 minute to the
gentleman.
Mr. PRICE of North Carolina. Additionally, the Community Development
Block Grant and HOME programs are each cut by $100 million in this bill
despite bipartisan calls from local elected officials across the
country to preserve those funding streams.
We are in the midst of a housing crisis nationally. Only one in four
people eligible for Federal rental assistance can receive it. We have a
huge public housing capital backlog, and our infrastructure continues
to crumble, resulting in decaying highways and bridges and congested
roads. We should be increasing our commitment to meet these housing and
transportation needs, not shortchanging them. We have done this for far
too long already.
We have returned again and again to appropriations, especially
domestic appropriations, to bear the whole brunt of deficit reduction.
The results are a disaster for our economy and for the work of our
appropriations committees.
It is truly the worst of both worlds. We are not really addressing
the main drivers of the deficit, yet we are doing untold damage to
critical national investments.
I strongly object also to several policy riders in this bill. They
unnecessarily attack high-speed rail, they roll back transportation
safety, and they harm labor rights.
No number of amendments offered today can fix this bill. I remain
hopeful that ultimately we can get a serious budget agreement. In the
meantime, I urge my colleagues to reject this omnibus bill.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 4 minutes to the gentleman
from California (Mr. Calvert), who is the chairman of the
Appropriations Committee's Interior, Environment, and Related Agencies
Subcommittee.
Mr. CALVERT. Mr. Chairman, it is my distinct honor to bring to the
House floor the fiscal year 2018 Interior, Environment, and Related
Agencies appropriations bill.
Before I go into the details of the bill, I would like to commend
Chairman Frelinghuysen for his commitment to the appropriations
process. Under Chairman Frelinghuysen's leadership, the committee has
moved its bills through the full committee and is now bringing all 12
fiscal year 2018 bills to the House floor.
As reported by the Appropriations Committee, the fiscal year 2018
Interior and Environment bill is funded at $31.456 billion, which is
$824 million below the fiscal year 2017 enacted level and $4.3 billion
above the budget request.
This legislation makes a concerted effort to prioritize critical
needs within our allocation while also addressing specific interests
and concerns brought to our attention through more than 5,000
individual Member requests.
In the interest of time, I won't outline all of the programs and
activities funded in this bill, but I would like to point out a few
highlights. The committee has provided robust wildland fire funding in
this bill. Fire suppression accounts are again fully funded at the 10-
year average level, and the bill increases funding for hazardous fuels
reduction.
The bill funds the Payments in Lieu of Taxes, PILT, program at the
fiscal year 2017 enacted level. Rural counties in 49 of the 50 States
rely on these funds to make up for lost tax revenue.
Overall, funding for the EPA is reduced by $534 million, or 6.5
percent, from last year. This legislation provides $5 billion worth of
investment in water infrastructure through funding in the WIFIA program
and the Clean Water and Drinking Water revolving loan funds. This bill
also provides increases to accelerate the cleanup of contaminated
Superfund and Brownfield sites. These programs help create jobs and
spur economic development in communities across the country.
The bill provides $2.9 billion for the National Park Service. It
increases the construction account by $10 million and maintains
increases provided last year to address longstanding park operations
and deferred maintenance needs.
We have also addressed a number of concerns within the Fish and
Wildlife Service accounts. The bill restores core programs and popular
grant programs to fiscal year 2017 enacted levels. It also restores
funds to combat international wildlife trafficking, protects fish
hatcheries from cuts and closures, continues funding to fight invasive
mussels and Asian carp, and reduces the backlog of species that are
recovered but not yet delisted.
The bill provides $275 million for Land and Water Conservation Fund
programs that enjoy bipartisan support.
The West Coast, and my home State of California in particular, is
counting on the expertise of the USGS to make earthquake early warning
systems operational. This bill provides $10.2 million for this public
safety program that will protect millions of lives and critical
infrastructure.
The bill also makes critical investments in Indian Country--a top
priority of the committee. It honors our commitment to Native Americans
with particular emphasis on Indian health, law enforcement, education,
and water settlements.
[[Page H6841]]
In closing, I would like to thank the staff on both sides of the
aisle who have worked long hours on this legislation. On the minority
side, I would like to thank Rita Culp, Jocelyn Hunn, and Rebecca
Taylor. On the majority side, I would like to thank Darren Benjamin,
Betsy Bina, Jason Gray, Jackie Kilroy, Kristin Richmond, and Dave
LesStrang, our chief clerk from the committee staff; as well as on my
personal staff, Ian Foley, Rebecca Keightley, Tricia Evans, and Dave
Kennett for a job well done.
Lastly, I would like to thank my good friend and ranking member,
Betty McCollum, for working with me to address a number of critical
needs throughout the bill. While we may disagree on some issues, we are
never disagreeable with each other and we continue to work well
together.
Mr. Chairman, this is a good bill, and I urge its adoption.
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentlewoman from
Connecticut (Ms. DeLauro), who is the outstanding ranking member of the
Subcommittee on Labor, Health and Human Services, Education, and
Related Agencies.
Ms. DeLAURO. Mr. Chairman, I rise in opposition to this bill. While I
am glad to see the Labor, Health and Human Services, Education, and
Related Agencies bill on the floor, this is the first time it has been
considered with amendments since the 2010 appropriations cycle. But
even with that, I cannot support the underlying bill.
I will be blunt. This process is a sham. The combined omnibus would
violate the Budget Control Act caps. It triggers a sequester of $72
billion from the Department of Defense. I am troubled to see the Labor-
HHS bill, once again, bearing the brunt of Republican budget cuts.
The overall cuts to nondefense discretionary spending is $8 billion,
and the Labor-HHS bill is cut by more than $5 billion. This cut, by the
way, is completely unnecessary because the allocations that we approved
are approximately $5 billion below what they have said we need for
nondefense spending, which is allowed under the Budget Control Act. We
have the resources available, yet the majority refuses to allocate them
to the essential programs funded through this bill.
I will also note that when adjusting for inflation, the Labor-HHS
bill is approximately $30 billion below what it was in 2010.
Instead of moving this bill, we ought to be negotiating a bipartisan
budget deal to lift the sequestration caps on both defense and
nondefense programs, then we could begin working on a bipartisan basis
to draft a reasonable Labor-HHS bill that adequately funds the programs
that support the middle class.
The biggest economic challenge of our time is that too many people
are in jobs that just don't pay them enough to live on. The programs in
this bill provide opportunities for hardworking Americans to improve
themselves and for our economy to grow. We need a country that works
for the middle class and the vulnerable, not just the wealthy and those
with the most lobbyists.
Right now, we grow jobs, but not incomes. The Federal Government has
long played a key role in helping American workers learn and grow
through workforce development and connecting businesses with talent.
But the programs that help grow our economy, educate our students, and
protect our women and seniors cannot operate if the Labor-HHS bill is
starved for funding, which is why I oppose the underlying bill.
I admit that there are a few bright spots. I strongly support the
increases for NIH research, emergency preparedness, special education,
and the TRIO and GEAR UP programs. Unfortunately, the modest increases
in this bill are far outweighed by decimating cuts to programs that
ought to be seeing increases.
This bill fails our students and is fundamentally anti-teacher. It
fails to make new investments in Title I. It eliminates $2 billion for
supporting effective instruction grants--what that is is teacher
training.
This bill's approach to women's health pushes a dangerous and harmful
ideological agenda and eliminates funding for Title X Family Planning.
It also eliminates the Teen Pregnancy Prevention Program, and it
includes ideological riders that would block funding for Planned
Parenthood and effectively block lifesaving research that use stem
cells from fetal tissue.
The bill cuts access to the Mental Health Block Grant and the
Substance Abuse Prevention Program. It cuts nurse training, tobacco
prevention, and it completely eliminates the Minority HIV/AIDS
Initiative.
It hurts workers by eliminating the Employment Service, which helped
nearly 6 million unemployed workers, including veterans, find jobs in
2015. It eliminates grants expanding the highly effective Registered
Apprenticeship model that connects jobseekers with good-paying jobs
that employers are desperate to fill. It also cuts funding for other
job training programs like Job Corps and the Dislocated Workers
Program.
Why would we eliminate programs that for so long have been about
economic opportunity and a ladder to the middle class?
There are the riders, which I mentioned. This bill blocks funding for
the Affordable Care Act. It continues to prohibit funding for gun
violence prevention, which has had a chilling effect on gun violence
research.
Finally, it prohibits the Department of Labor from ensuring that
financial advisers act in the best interests of their clients. This
week we expect to see several more harmful riders added to the bill.
At full committee markup, we proposed more than 40 amendments to
strengthen and improve this bill, but the majority rejected all of
them.
Mr. Chairman, I urge my colleagues to oppose this minibus because the
funding in this bill fails to meet our country's needs, and it breaks
our promises to women, to seniors, to students, and to our workforce.
While I am strongly opposed to this bill, I do want to thank the
committee staff--majority and minority--the ranking member; the chair
of the committee; and the chair of the subcommittee, Mr. Cole.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 2 minutes to the gentleman
from California (Mr. Calvert).
Mr. CALVERT. Mr. Chairman, I yield to the gentleman from North
Carolina (Mr. Hudson) for the purpose of a colloquy.
Mr. HUDSON. Mr. Chairman, I would like to begin by expressing my
appreciation to Chairman Frelinghuysen and Interior Subcommittee
Chairman Calvert for their strong leadership and good work on this
legislation and to thank them for this opportunity to speak today.
I rise to advocate on behalf of the U.S. national forests and their
upkeep, specifically through the capital improvements and maintenance
program. This program provides funding to pave our national forest
roads, such as those within the Uwharrie National Forest located in my
district.
Each year, the U.S. Forest Service is given funding to maintain
roadways across our Nation. While they do their best to sustain
roadways and trail access points, they can only do so much with the
resources they are given. These roadways are an integral part of
ensuring critical public access to our U.S. forestlands.
Unfortunately, many of our national forest roadways have become
severely eroded from travel, age, and the elements. The erosion has
created problems for those who visit the Uwharrie National Forest as
well as those who access these roads to travel to and from their homes.
First responders have also not been able to reach residents in
emergencies due to road conditions in recent years, causing major
safety risks for people who live along these roads.
I emphasize this is more than just a headache for these residents, it
is a real safety issue. I have seen roads firsthand after storms, and
there is no way fire trucks and ambulances can access these roads in
their current condition, and I believe it is completely unacceptable.
I have been advocating on behalf of the Uwharrie National Forest
since my first term in Congress, and I will continue to engage with
local, State, and Federal stakeholders on this issue.
{time} 1730
I appreciate Chairman Calvert's attention to this issue and his
support for
[[Page H6842]]
the Capital Improvement and Maintenance program. I look forward to
working together with the chairman to find a long-term solution to this
issue.
Mr. CALVERT. Reclaiming my time, I thank the gentleman for drawing
the House's attention to the road construction and maintenance needs of
the Forest Service. I would be pleased to work with him and anyone else
interested in our national forests as we move through the FY 2018
spending process.
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Indiana (Mr. Visclosky), the ranking member of the Subcommittee on
Defense.
(Mr. VISCLOSKY asked and was given permission to revise and extend
his remarks.)
Mr. VISCLOSKY. Mr. Chairman, I extend my gratitude to Chairman
Frelinghuysen, Ranking Member Lowey, Chairman Diaz-Balart, Ranking
Member Price, and all of our staff for their very hard work in crafting
the transportation portion of the underlying bill.
I am pleased that, in comparison to the President's budget, this bill
includes a $500 million increase for the Capital Investment Grant
program. This program provides critical funding to transit projects
throughout our Nation.
While this funding increase is encouraging, it is my hope that a
higher number can be agreed to in conference. The Senate Appropriations
Committee has approved a funding level of $2.1 billion, and I strongly
believe that the chairs and ranking members have demonstrated a
commitment to providing robust funding for transportation investments
to grow jobs and our economy.
I am particularly grateful for the inclusion of report language that
protects those in the queue for CIG projects and that the Senate
Appropriations Committee has also approved similar language.
I was alarmed that the President's budget sought to eliminate funding
for projects that had not yet received full funding grant agreements. I
would emphasize that 23 States currently have CIG projects, and this
language would undermine the millions of dollars and years' worth of
human capital these communities have invested.
These projects are an investment in our national economy. These
projects connect people in our communities to educational and job
opportunities and allow businesses to grow and thrive. It is absolutely
critical that we prioritize these investments in transportation
infrastructure.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 3 minutes to the gentleman
from Oklahoma (Mr. Cole), chairman of the Labor, Health and Human
Services, Education, and Related Agencies Subcommittee.
Mr. COLE. Mr. Chairman, I want to begin by thanking the chairman of
the full committee, the ranking member of the full committee, certainly
the ranking member of the subcommittee, and the staff for the
tremendous assistance they provided in putting together this rather
large and complex piece of legislation.
It is fair to note for the record that the allocation we received of
$156 billion is $5 billion less than we had last year. While our lower
allocation this year forced us to make some difficult decisions, I want
to remind my colleagues that the cuts we are making today amount to
barely 3 percent of what we spent last year and is essentially what we
spent in fiscal year 2016.
The bill before us today focuses on key national priorities:
investing in biomedical research to find cures for diseases like
Alzheimer's and cancer; ensuring our country is fully prepared and able
to protect our citizens from disease outbreaks or bioterrorism;
continuing to support early childhood education, particularly for those
at risk; helping first-generation college students prepare for, access,
and complete a postsecondary education; and continuing to support
people living with disabilities.
The bill also preserves funds for popular programs like career and
technical education, support for Historically Black Colleges and
Universities, programs to help Native Americans, the AmeriCorps
program, LIHEAP, and the Corporation for Public Broadcasting.
The National Institutes of Health, our Nation's premier biomedical
research agency, is funded at $1.1 billion above last year. NIH is
working to find cures for Alzheimer's disease, cancer, and develop the
next generation of medical treatment through the use of precision
medicine techniques.
We need to continue to build upon the $2 billion increase provided in
the omnibus last year. I view this proposal as a floor, not a ceiling,
for biomedical research funding. I am hopeful that this number can
increase as the process moves forward.
Biodefense and preparedness programs, including new funding to
prevent a pandemic flu from occurring, are increased across the bill.
We are all aware of the terrible toll prescription drugs and opioid
abuse is taking on our Nation. I am proud to say this bill includes
another $500 million to continue comprehensive grant programs to enable
States, localities, and tribes to develop anti-opioid initiatives
focused on prevention, education, and treatment and recovery services.
Head Start receives a $22 million increase in this bill. Preschool
programs are continued at $250 million. Childcare programs receive a $4
million increase. Special education programs for students with
disabilities are increased by $200 million, which will help local
school districts ease the financial burden of providing specialized
educational services. TRIO and GEAR UP, which help disadvantaged
students prepare for and complete college, receive increases of $60
million and $10 million, respectively, over last year.
The bill also includes $500 million for the Student Support and
Academic Enrichment grant program. These funds can be used flexibly by
school districts across the country, whether the need is in the area of
counseling, computer science instruction, or teacher training and arts
programming.
Pell grants are maintained at a maximum of $5,920.
The CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. I yield the gentleman an additional 1 minute.
Mr. COLE. I will also note that this is an initial allocation and the
beginning of the congressional funding process. As always, I look
forward to working with our counterparts in the Senate and my friends
across the aisle to see if there are additional areas where we can
cooperate.
Finally, I want to note that the bill protects human life by
continuing longstanding prohibitions against Federal tax dollars being
used to pay for abortions, including new provisions to ensure that no
tax dollars are used for research on human fetal tissue obtained by an
abortion.
This bill represents a balanced approach that will benefit every
American and maintain the appropriate stewardship of taxpayer dollars
that we have been entrusted with as Members of Congress.
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentlewoman from
California (Ms. Roybal-Allard), ranking member of the Homeland Security
Subcommittee of the Appropriations Committee.
Ms. ROYBAL-ALLARD. Mr. Chairman, the FY 2018 Department of Homeland
Security funding bill addresses many bipartisan priorities, including
maintaining funding for first responder and antiterrorism grants and
the Emergency Food and Shelter Program. It provides increases above the
request for the Office for Civil Rights and Civil Liberties, Nonprofit
Security grants, new Coast Guard assets, and ICE child exploitation
investigations. It also restores funding for Science and Technology
Centers of Excellence.
The bill restores funding for flood mapping grants, which the
administration proposed to eliminate, and funding for pre-disaster
mitigation grants, for which the administration proposed a 60 percent
cut. These grants support precisely the kinds of programs that help
communities mitigate and prepare for the impacts of natural disasters
like Hurricane Harvey, and we should be investing in them even more.
The bill also provides the President's request for the Disaster
Relief Fund. We will, however, need to appropriate more money beyond
that approved by the House earlier today in order to address the damage
caused by Harvey and, potentially, Irma.
While there is much in this bill Democrats can support,
unfortunately, for several reasons, we cannot support this bill. For
example, we cannot support the bill's $705 million increase for
[[Page H6843]]
Interior immigration enforcement. This includes an increase of 4,676
detention beds, which is 10,000 above fiscal year 2016, and the hiring
of 1,000 additional ICE officers and agents.
The administration says its more aggressive enforcement approach is
critical to national security and public safety. In fact, ICE is now
arresting people with no criminal infractions who have lived, worked,
and paid taxes in this country for years--and even decades.
These arrests are not required for national security or public
safety. They have tragic consequences for families and communities all
over this country. The trauma being inflicted on them cannot be
overstated.
Mr. Chairman, we are dealing with a moral question as much as a legal
one. ICE has the discretion to enforce our immigration laws fairly and
justly, and Congress has the discretion to prioritize how we spend
taxpayer dollars.
Instead of overly aggressive immigration enforcement, we should be
investing more in real security vulnerabilities. These include
cybersecurity, human trafficking investigations, Coast Guard vessels
and aircraft, flood mapping, and pre-disaster mitigation.
We should invest in more Customs officers. We should restore funding
for research and laboratory facilities at the Science and Technology
Directorate and for TSA's Law Enforcement Officer Reimbursement
Program. Unfortunately, we are not doing any of this.
However, before concluding, I want to take a moment to talk about the
Trump administration's announcement yesterday on ending the DACA
program.
An amendment I offered in committee to clarify the basic authority of
DHS to continue the program failed on a party-line vote. It would have
given Congress time to enact a more formal authorization and given
DREAMers the peace of mind of knowing they would not have to go back
into the shadows. With the administration's announcement yesterday,
that peace of mind has been cruelly snatched away.
We shouldn't wait 6 months to fix this problem. The majority should
bring my bipartisan, bicameral bill, the DREAM Act, to the floor as
soon as possible so that DREAMers can continue to contribute to this
country free of the fear of being deported from the only home they
know.
In closing, Mr. Chairman, I want to extend my appreciation for the
efforts of the subcommittee chairman, Chairman Carter, and his staff,
who worked with the minority throughout the development of this bill.
Consistent with prior years, Chairman Carter has carried out his
responsibilities honorably, fairly, and collaboratively.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 3 minutes to the gentleman
from Florida (Mr. Diaz-Balart), chairman of the Transportation, Housing
and Urban Development, and Related Agencies Subcommittee on
Appropriations.
Mr. DIAZ-BALART. Mr. Chairman, before I begin, I want to thank the
chairman, our members, colleagues, and the leadership for being so
understanding.
Tomorrow, I will be heading back to south Florida to be there in case
this horrible storm does head our way. Again, everyone has been
incredibly supportive and shown great solidarity. I am exceedingly
grateful for that.
I rise today to express the strongest possible support for this bill.
I applaud the leadership of Chairman Frelinghuysen for making it
possible to consider it on the floor today.
I would like to highlight some of the vital issues in this bill.
The Transportation, Housing and Urban Development, and Related
Agencies division provides $56.5 billion in discretionary budget
authority. That is $1.1 billion below the fiscal year 2017 enacted
level, but it is $8.6 billion above the budget request.
We have targeted transportation and housing funding to essential
investments in safety, infrastructure, and assistance for our most
vulnerable citizens: the elderly; the disabled; and, yes, America's
heroes, our veterans.
We also had to prioritize by reducing or eliminating nonessential
programs and scaling back administrative accounts.
For the Department of Transportation, the bill includes $17.8 billion
in discretionary appropriations and $76.7 billion in total resources.
That includes support for the FAST Act obligation limitations.
The Federal Aviation Administration is funded at $16.6 billion, Mr.
Chairman. We provide this increase to keep advancing NextGen programs
with over $1 billion and to continue to operate the safest, most
complex, most advanced air traffic control system in the world.
The bill reflects FAST Act priorities for highways, rail, and
transit. It includes $45 billion in road and bridge funding from the
highway trust fund, which is almost $1 billion above fiscal year 2017
levels. This funding will provide much-needed improvements to America's
highways and bridges.
The bill provides $2.2 billion to the Federal Railroad Administration
to continue our commitment to rail safety and to make critical
infrastructure investments. This includes FAST Act rail infrastructure
investments to address the state of good repair backlog, which we
really need to address.
As a reflection of tough choices, Mr. Chairman, our funding level for
transit Capital Investment Grants is $600 million below the 2017 level.
{time} 1745
But we have, and this is important, included funding and direction to
keep upcoming projects in the pipeline.
For housing programs, we work to ensure that we continue assistance
to our most vulnerable population. The bill includes $38.3 billion for
Department of Housing and Urban Development. The bill also includes
significant increases to keep pace with inflation, almost $1 billion
above last year, for direct rental assistance to maintain, again,
housing for those who are currently served.
Homeless assistance remains a top priority in this bill. We included
funding at the enacted level and well above the budget request.
The CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield an additional 1 minute to
the gentleman from Florida.
Mr. DIAZ-BALART. Mr. Chairman, the bill restores a number of programs
that Members, frankly, from both sides of the aisle made sure that we
were aware of.
The bill restores a number of community development programs that
were proposed for elimination in the budget request, including CDBG and
HOME. Again, we listened to Members from both sides of the aisle, and
we made sure that that was a priority in this bill. These programs,
again, support decisionmaking at the local level where it should be.
Before I close, I want to thank the hardworking and talented staff
who helped put this together, the subcommittee staff. I was going to
read their names, and again, I know I am running out of time, but I
think this is the best staff anywhere in Congress. I also want to thank
my personal staff, my chief of staff, Miguel Mendoza, who is the deputy
chief of staff as well, and from the minority staff, Joe Carlile and
Angela, and so many others who have worked hand-in-hand with my
committee staff. And I would be remiss if I did not, in particular,
thank Mr. Price, the ranking member. He has been great to work with,
work cooperatively. I ask for your favorable support of this bill.
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentleman from
Georgia (Mr. Bishop), the ranking member of the Subcommittee on
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies.
Mr. BISHOP of Georgia. Mr. Chairman, let me just say I believe that
we are missing out on the opportunity to effectively do our jobs.
As elected Members of Congress, we are here to fight for what is
right, what is fair, and what is just. When presented with the
administration's budget, it is Congress that is charged to serve as the
first line of defense for the needs of the American people.
And the agriculture bill before us, as a part of this omnibus, is our
attempt at doing just that. However, the progress made in the
agriculture bill will end here because we do not have a budget
resolution to conference, and it is entangled with other very
contentious bills, and that is most unfortunate.
[[Page H6844]]
In light of the draconian budget request presented by the President,
Congressman Aderholt and I, along with our bipartisan Agriculture
Appropriations Subcommittee colleagues, worked diligently to protect as
much of our country's agriculture and food and drug safety systems as
we could.
In order to inflict the least amount of damage, the funding
reductions were spread across several programs. But let me be clear,
the communities that make up this great Nation need these programs to
be robustly funded in order to keep us competitive in the global
marketplace.
The United States of America will not continue to be the Nation that
produces the safest, most abundant, highest quality, most economical
food and fiber anywhere in the industrialized world if sufficient
resources are not made available by this Congress.
While we were able to maintain McGovern-Dole at the 2017 level, the
Food for Peace program was reduced.
This bill provides $830.4 million for research and education
activities, which includes approximately $161 million in funding,
consistent with fiscal year 2017, for minority serving land-grant
institutions. These funds will assist in increasing minority
representation and participation in the multidisciplinary agriculture
community in fields such as agriculture research, agribusiness, as well
as farming and ranching.
At the same time, the Commodities Future Trade Commission was
deprived of the $2 million of funds that it needs to protect U.S.
customers from nefarious trade activity. Unprecedented language was
inserted into the bill that allows the CFTC Chairman to reduce the pay
and benefits of his employees if he deems it necessary to avoid a RIF
or furlough, whether or not it abrogates established collective
bargaining agreements.
And unfortunately, the amendment I submitted to strike that provision
was not made in order by the House Rules Committee.
Funding for the Food and Drug Administration remains flat, which is
in stark contrast to the Trump budget that sought to cut it by more
than $900 million. And still, funding for this agency that oversees the
safety of our food, drugs, and medical devices will not grow, despite
our significant dependence on their activities and the increasing
workload each and every year.
FDA is being forced to do more with less resources, and that limits
its ability to adequately protect the health, safety, and welfare of
the American people.
Nutrition. Mandatory funding for SNAP and child nutrition were funded
consistent with the current estimates. That is good. Additionally,
school kitchen grants are funded at $25 million, which the Trump
administration requested be zeroed out. I thank the committee for this.
Now, we just voted for a bill to provide aid for the victims of
Hurricane Harvey just as the potential impact of Hurricane Irma looks
over us. Instead of being proactive to ensure our citizens who have
been and will be impacted by impending natural disasters are protected,
we are going to the floor with a package which inadequately funds our
Federal agencies and does not completely meet the needs of the citizens
of this great Nation.
This approach to funding our government for fiscal year 2018 all but
guarantees our short term, if not a full year, continuing resolution.
But just like every year, Democratic votes will be needed to enact an
appropriations law. Working together on a bipartisan basis will be
absolutely necessary for it to move forward.
Mr. Chairman, we still have a lot of work to do to discharge our
obligations to the American people.
The CHAIR. The time of the gentleman has expired.
Mrs. LOWEY. Mr. Chairman, I yield an additional 30 seconds to the
gentleman.
Mr. BISHOP of Georgia. Mr. Chairman, regretfully, this bill falls
short.
I would like to thank Mr. Aderholt for his work as chairman of the
subcommittee, Chairman Frelinghuysen, and both of them for conducting
the Appropriations Committee markups fairly and collegially, and Mrs.
Lowey, our full committee ranking member, for her very strong and
inspiring leadership.
And with that, let me thank our staffs on the majority and minority
sides for all of their cooperation.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 3 minutes to the gentleman
from Georgia (Mr. Graves), the chairman of the Financial Services and
General Government Subcommittee on Appropriations.
Mr. GRAVES of Georgia. Mr. Chairman, I want to thank Chairman
Frelinghuysen for his support and his team for bringing us to this
point today and this week to do what many thought couldn't be done, and
that is, getting all 12 of our appropriation bills done in a timely
fashion.
But today it is a privilege for me to present the Financial Services
and General Government Appropriations Act, and this wouldn't be
possible without Ranking Member Quigley's effort and his team, and I
appreciate their work as we have been through many months of effort
together.
But I believe this is the prosperous part of the Make America Secure
and Prosperous Appropriations Act, and I will explain why that is.
Because this bill includes many of the reforms that were found in the
CHOICE Act, which we passed earlier this spring in the House, which
eliminated many of the harmful Dodd-Frank regulations, streamlining
outdated agency processes, and reining in those rogue agencies that we
have heard so much about, while allowing the economy and the markets to
begin working for American families. And we will also restore the
financial freedoms that help Americans earn a living and achieve their
American Dream, of which we have all been hearing about over these last
weeks in August.
But this bill also invests in small businesses. It invests in the
small businesses through the SBA by $1 billion, nearly $1 billion of
new investment to the Small Business Administration, with significant
funding for small business loans and particularly to those veterans of
ours who are out there working hard and starting their own businesses.
But this bill also carries the entire Financial Institution
Bankruptcy Act, which passed this House earlier this year, as well, on
a bipartisan vote.
But IRS funding, again, is kept at a 2009 level, actually a little
bit below that, but allowing targeted investments in consumer service
and cybersecurity. But this bill maintains our commitment to the IRS
oversight that we have been working on so hard over the last couple of
years by prohibiting the harmful regulations that we have seen from
them that have impacted our 501(c)(4) organizations.
It prohibits them targeting these groups based on their political
beliefs or their exercising of their First Amendment rights, but it
also allows for many of the other protections for taxpayers that we
have been longing to do.
To combat the opioid crisis, we include more than $360 million to aid
Federal drug control programs like drug courts and drug free
communities.
But it is also important to note that we carry the pro-life
provisions that have been a pattern and a custom and a privilege that
this House has done for so many years over the past, but we have added
to that. We have expanded it by including the Harris amendment that
prohibits funding from being provided through multi-State plans that
cover abortion, and we also included a provision that repeals the
District of Columbia's assisted suicide measure.
Now, this bill comes in at about $20 billion, and that is a big
number. But let me point out that is over 6 percent less. That is a 6
percent cut just from last year, so we are making a difference.
Now, when crafting this bill, I took my direction straight from the
Members of this House, Republican and Democrat. This is a result of
your interests, interests of your constituents included in this in a
bipartisan fashion with a bipartisan vote out of committee.
Now, many tough decisions were made.
The CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield an additional 1 minute to
the gentleman.
Mr. GRAVES of Georgia. Mr. Chairman, now, many tough decisions have
been made across all these bills, but this one as well, with a strong
focus on
[[Page H6845]]
financial freedom for all Americans. Now, I believe this bill will make
America prosperous again.
So I want to thank Chairman Frelinghuysen, all the subcommittee
chairs, the full committee staff, the minority staff, and ranking
members. This whole team has been great to work with, but it is
important to thank my subcommittee. They have been through a lot of
hard work with me, Mr. Chairman, and they have done a great job working
with me and the many hours of hard work and weekends that they put in.
Mr. Chairman, I strongly urge every Member to support this bill.
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentlewoman from
Minnesota (Ms. McCollum), ranking member of the Interior, Environment,
and Related Agencies Subcommittee.
(Ms. McCOLLUM asked and was given permission to revise and extend her
remarks.)
Ms. McCOLLUM. Mr. Chair, I would like to just take a brief second and
thank the full committee chair and the full committee ranking member
for their support as we move forward in this progress, and a special
thank you to all the great staff on both sides of the aisle, the
Democratic and Republican staff.
But my very special thanks to Chairman Calvert, and once again, for
his staff and our staff, for their work in an open and collaborative
approach. This committee has a challenging portfolio of issues, and I
commend the chairman's efforts to find solutions in yet another
difficult budget year.
Unfortunately, the fiscal year 2018 Interior, Environment, and
Related Agencies Subcommittee allocation is $824 million less than last
year's enacted level.
{time} 1800
This devastating cut to the allocation shortchanges the protection of
our Nation's natural and cultural resources and has real consequences
for American families and communities.
Adequate funding for the Interior, Environment division is critical
at a time when the Trump administration is attacking the science behind
climate change and rolling back regulations that protect the water we
drink and the air we breathe.
We are at a defining moment in history. Our lack of action to combat
climate change now will impact the world we pass on to our children and
grandchildren. We can no longer afford to disregard the overwhelming
scientific evidence that the planet is warming, sea levels are rising,
and glaciers are melting.
We have all seen the destruction inflicted by Hurricane Harvey. As
the waters recede, the Environmental Protection Agency is playing a key
role in keeping Americans safe. Once again, we are reminded of the
importance of agencies like the EPA both during times of crisis and on
a daily basis.
Unfortunately, EPA receives the most significant programmatic cuts to
this division. Slashing the Environmental Protection Agency by $534
million will severely impact the Agency's ability to protect human
health and safety and ensure clean air and clean water for all
Americans.
The Agency's budget is already $2.2 billion below FY10 levels. It is
irresponsible to cut the EPA even further.
The bill also cuts programs critical to managing public lands and
reduces funding necessary for endangered species listing protection.
The American people expect us to be good stewards of our public lands
and wildlife, but this bill falls short on that commitment.
Despite the bill's shortcomings in environmental protection and
resource conservation, I want to express how proud I am of this
subcommittee's nonpartisan approach to addressing issues facing our
Native American brothers and sisters.
I am pleased that the bill recommends an increase of $108 million
over the fiscal year 2017 enacted level for programs critical to Indian
Country. The health, education, and safety of tribal communities is a
Federal responsibility that our subcommittee takes very seriously. That
is one bright spot in this bill.
Unfortunately, this bill falls far short in too many other areas,
both as a result of our low allocation and as a result of wildfire
suppression costs that are burning a hole in this bill. Since the start
of this year, more than 1.1 million acres have burned. As a result, the
U.S. Forest Service does not have adequate funding in the current
fiscal year to combat these disasters. They will need to borrow funds
from nonfire accounts, making it harder for the Service to conduct
preparedness activities to reduce the severity of wildfires. That is
why every member of the Interior Subcommittee is a cosponsor of
Chairman Simpson's Wildfire Disaster Funding Act.
I am very disappointed that the majority's leadership missed an
opportunity to include those commonsense reforms in this legislation.
That is why I have called for emergency funding for wildfire
suppression activities in the next disaster supplemental.
Finally, in addition to the irresponsible cuts to the EPA and natural
resource programs, I must express my concern and disappointment with
the partisan riders in this bill that pander to special interests at
the expense of the public good. These riders jeopardize protection and
recovery for vulnerable species, restrict protection of our oceans,
undermine clean water and clean air safeguards, and even prevent the
development of renewable energy.
Mr. Chairman, this bill is not sufficient to meet the needs of the
American people. I know that we can do better than this. Congress needs
a bipartisan budget agreement that increases nondefense discretionary
spending levels.
Despite my current opposition, I want to be clear that I will
continue to work with Chairman Calvert through this year's
appropriations process to produce a responsible bill that both parties
can support.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 2 minutes to
the gentleman from Texas (Mr. Smith), the chairman of the House
Science, Space, and Technology Committee.
Mr. SMITH of Texas. Mr. Chairman, I thank the chairman of the
Appropriations Committee, the gentleman from New Jersey, for yielding
me time.
Mr. Chairman, I am pleased to support H.R. 3354, the Make America
Secure and Prosperous Appropriations Act of 2018, which includes the
Commerce-Justice-Science funding bill that provides appropriations for
many of the programs within the Science, Space, and Technology
Committee's jurisdiction.
Chairman Culberson has worked closely with us on the Science, Space,
and Technology Committee to include responsible, pro-science funding
levels for NASA, the National Science Foundation, NOAA, and the
National Institute of Standards and Technology. His consultation and
cooperation are much appreciated. I thank Chairman Culberson and his
clerk, John Martens, for their leadership in passing this legislation
that sets America on a path to remain the world's leader in innovation.
The appropriations included in this legislation are consistent with
the NASA Transition Authorization Act, the American Innovation and
Competitiveness Act, and the Weather Research and Forecasting
Innovation Act, all three of which were enacted into law earlier this
year.
The CJS bill fully funds the planetary science and exploration
programs at NASA, implements a national interest standard for every NSF
grant, and increases weather research and commercial data use to
improve forecasting to save lives and property, which is especially
timely today.
Later, I will offer an amendment, with Chairman Culberson's support,
to increase basic research in the physical and biological sciences at
the National Science Foundation.
I strongly encourage my colleagues to support this pro-science,
fiscally responsible appropriations bill.
Mrs. LOWEY. Mr. Chairman, I am very pleased to yield 4 minutes to the
gentleman from Illinois (Mr. Quigley), ranking member of the
Subcommittee on Financial Services and General Government.
Mr. QUIGLEY. Mr. Chairman, I thank the ranking member for yielding. I
want to thank Mrs. Lowey and the chairman for their leadership
throughout the appropriations process.
Mr. Chairman, as ranking member of the Financial Services and General
Government Subcommittee, I also thank Chairman Graves, whom I have
gotten to know and work more closely with over the last few months. Our
discussions have been both passionate and
[[Page H6846]]
productive, and I thank Chairman Graves for his willingness to
compromise on shared priorities.
Of course, I would like to thank Dena, Kelly, Ariana, Marybeth, and
Brad on the majority staff and our talented staff director, Lisa, on
the minority staff for all of the time and effort they spent working
together to putting the FSGG portion of the bill together. And to my
own staff, Doug, who writes these things and doesn't put his own name
on there, I want to thank him anyway.
Unfortunately, the FSGG portion of the bill before us will make it
more difficult for us to grow small businesses, enforce consumer
protections, and promote good governance. With $1.6 billion in cuts
from fiscal year 2017, many successful and established programs will
suffer.
The Small Business Administration is cut by $39 million, with most
coming from reductions to entrepreneurial programs that assist millions
of small-business owners.
The Community Development Financial Institutions Fund is cut by $58
million, or 28 percent, which means fewer resources to spur economic
growth and revitalize our most underserved and neglected communities.
GSA has zero funds to start new construction and completely rescinds
the money provided in the FY17 omnibus for the new FBI headquarters,
compromising our national security.
And the IRS, which has already lost over a billion dollars in funding
and 18,000 staff over the past 7 years, is further weakened by
additional cuts that weaken the agency's ability to close the tax gap,
catch tax cheats, and provide sufficient services for honest taxpayers.
In addition, the FSGG bill contains a long list of policy riders that
will undermine enforcement of the Affordable Care Act, restrict the
ability for a woman to make personal healthcare decisions, and block
the District of Columbia from using local funds to make local
decisions.
Furthermore, this bill contains 88 pages of authorizing text to
repeal key provisions of Dodd-Frank and weaken the Consumer Financial
Protection Bureau.
Less than a decade ago, a financial crisis sparked the biggest global
recession since the Great Depression and pushed our economy to the
brink of collapse. No serious person would argue that the status quo,
which almost crippled our economy, was working before the crisis. We
need to make our financial markets safer, more transparent, and more
accountable, and that is exactly what Dodd-Frank did.
Lastly, as I mentioned in my testimony before the Rules Committee, it
is worth mentioning again how disappointed I am that the Rules
Committee decided to unilaterally strip a provision agreed to by the
committee. Congressman Aguilar's language, which passed by voice vote
in the course of committee markup, was adopted according to regular
order.
The provision is straightforward. It simply clarifies that DACA
recipients be eligible for Federal employment. Yet, without any
explanation, this section has disappeared as if it never existed. Given
the administration's shameful decision to rescind the DACA program, I
anticipate that we will rigorously debate this issue over the next
couple days.
Again, while I cannot support this bill, I remain committed to
working with my colleagues on the majority side to strengthen funding
and remove harmful and unnecessary riders.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 6 minutes to the gentleman
from Oklahoma (Mr. Cole) for the purpose of three colloquies.
Mr. COLE. Mr. Chairman, I yield to the gentleman from Georgia (Mr.
Collins), my colleague, for the purpose of a colloquy.
Mr. COLLINS of Georgia. Mr. Chairman, I have become increasingly
aware of the problem with hospital-acquired pressure ulcers.
Research shows millions of people suffer from this condition and that
60,000 hospital patients a year die because of this painful ailment.
Eleven percent of those affected are our veterans.
Their suffering is tremendous, and the cost of this condition to our
health system could be as high as $25 billion. However, with proper
commonsense prevention and better management of these infections, the
number of those suffering and the cost of treatment can be greatly
reduced.
I have reached out to CMS about doing a pilot program that promotes
better prevention and management methods, and I have discussed the
problem with innovative Georgia companies. I rise today to make other
Members aware of this issue and ask for your continued support in this
process.
Mr. COLE. I thank the gentleman for raising this issue. Along with
Congressman Woodall and Congresswoman Handel, you have been leaders in
this effort. I appreciate what you are doing and will stay in touch as
progress is made.
Mr. COLLINS of Georgia. As always, the gentleman is gracious, and I
do appreciate it. Mr. Chairman, I will work with the administration.
Mr. COLE. Mr. Chairman, I yield to the gentlewoman from Minnesota
(Ms. McCollum) for the purpose of a colloquy.
Ms. McCOLLUM. Mr. Chairman, thank you for your work on this bill
providing funding to critical programs. I appreciate the opportunity to
speak about the importance of the Community Services Block Grant. This
program funds community action agencies that address poverty and assist
seniors and other vulnerable populations in becoming self-sufficient. I
have seen, in my district, the valuable services these groups provide
helping people find jobs.
Mr. COLE. I thank my colleague from Minnesota for speaking about the
importance of this program in her district. I agree that Community
Services Block Grant provides important services to help people escape
poverty. The program has broad bipartisan support.
As the gentlewoman knows, several challenging decisions have to be
made to meet overall spending priorities and allocation. I take to
heart the concern expressed by the gentlewoman and, as we move forward,
I will work to ensure funding for the Community Services Block Grant
reflects the priority of our Members.
Ms. McCOLLUM. I thank the chairman, my friend, for his response and
commitment to robustly funding the Community Services Block Grant. I
know this program, as I said, helps people across the Nation and brings
great value to the communities it serves.
Mr. COLE. Mr. Chairman, I yield to the gentleman from South Carolina
(Mr. Norman), my colleague, for the purpose of a colloquy.
Mr. NORMAN. Mr. Chairman, thank you for your work on this bill which
provides funding to critical programs within a difficult but fiscally
responsible allocation. I appreciate the opportunity to clarify on the
Record a question I have on funding for the National Emergency Grant
program.
The National Emergency Grant program provides critical job training
and reemployment funding for workers who have lost their jobs as a
result of plant closures or mass layoffs.
Does this bill fully fund the National Emergency Grant program?
Mr. COLE. I thank my colleague from South Carolina for raising this
important question. I agree that the National Emergency Grant program
is an important bipartisan program to train workers and help them find
new careers.
Current year funds for the Dislocated Workers National Reserve are
increased by $109 million and advance appropriations for fiscal year
2019 are eliminated, for a total of $130 million. Within that total,
the National Emergency Grant program is approximately $70 million each
year.
It is expected that, after fully funding the National Emergency
Grants, the Department of Labor will use additional funds from the
Dislocated Workers National Reserve for other authorized purposes, such
as technical assistance and grants to help workers dislocated from the
coal industry find new employment.
So the short answer to the question is, yes, the National Emergency
Grant program is fully funded in this bill.
Mr. NORMAN. I thank the chairman for his response and commitment to
the National Emergency Grant program. I have seen firsthand the
importance of this program in my district, including the recent layoffs
at the VC Summer power plant and throughout the country.
[[Page H6847]]
{time} 1815
Getting people who are laid off from their jobs back to work as
quickly as possible is critically important for affected communities
and for the economy. I fully support this program and this bill.
Mr. Chair, I urge my colleagues to vote ``yes.''
Mrs. LOWEY. Mr. Chair, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chair, I yield 2 minutes to the gentleman from
California (Mr. Calvert).
Mr. CALVERT. Mr. Chair, I yield to the gentleman from Washington (Mr.
Kilmer) for the purpose of a colloquy.
Mr. KILMER. Mr. Chairman, I would like to thank Chairman Calvert and
Ranking Member McCollum for supporting important policies and programs
protecting the unique landscapes you find in the Pacific Northwest.
Our region values Federal lands, and, likewise, we are proud to host
all branches of the United States military.
People come from all over to hike and travel through our forests and
waterways, and we want to make sure sensitive areas are protected.
The goals of protecting our environment, the economy that relies upon
it, and ensuring the readiness of those serving in uniform are not
mutually exclusive. For the past several years, I have been working
with the Park Service, the Navy, and many other agencies to understand
their missions, concerns, and interests with regard to the impact of
local military jet noise.
At the same time, I have worked to ensure that they can go the extra
mile when it comes to public outreach on their plans. Through this
effort, I have learned that the Park Service and the Navy measure noise
differently. This has led to difficulty in understanding the impact of
the noise on the missions of other agencies, local communities, and
protected lands, such as Olympic National Park. Moreover, it
complicates any basis to examine possible solutions.
In order to support a fact-based conversation regarding the impact of
this noise, I wrote to the Council on Environmental Quality in March
asking that they work with both agencies to find an agreeable method of
measuring and reporting the sound of military aviation.
While I have recently been notified that the CEQ is looking into the
matter, I look to Chairman Calvert for his support to ensure that the
relevant parties cooperate and resolve this issue.
Mr. CALVERT. Mr. Chair, I thank the gentleman for drawing attention
to the issue. It is my hope that we can move forward with the fiscal
year 2018 process, and my colleague and I can continue to work together
with the relevant agencies to address this issue so that his
constituents and others around the Nation can continue to enjoy all
that the Park Service and other Interior lands have to offer without
compromising military readiness.
Mr. KILMER. Mr. Chair, I appreciate Chairman Calvert's willingness to
work with me on this effort. Having grown up on the Olympic Peninsula,
I understand our responsibility to be stewards of the environment and
to make sure that the Navy is a good neighbor.
I look forward to working with the chairman, CEQ, the Park Service,
and the Navy to address this issue.
Mrs. LOWEY. Mr. Chair, I yield 2 minutes to the gentlewoman from
California (Ms. Maxine Waters), the ranking member on the Financial
Services Committee.
Ms. MAXINE WATERS of California. Mr. Chair, I strongly oppose H.R.
3354, a bill that not only fails to make critical investments in our
Nation's future, but also eliminates important protections for everyday
Americans.
As ranking member of the Financial Services Committee, I am
particularly concerned that H.R. 3354 imposes such severe cuts on the
Department of Housing and Urban Development that it will result in
families losing their housing assistance and putting them at risk for
homelessness.
The bill also takes some of the worst provisions from the
Republican's ``Wrong'' CHOICE Act that would return our economy to the
reckless practices that caused the financial crisis.
One provision takes away the authority of the Consumer Financial
Protection Bureau to stop abusive practices by banks like Wells Fargo,
which ripped off more than 3.5 million of its customers. Another
provision repeals the Labor Department's commonsense rule that protects
seniors from conflicted retirement advice from unscrupulous financial
advisers.
There are so many gifts to Wall Street, one would think Christmas
came early. But it isn't Christmas, Mr. Chair. It is September, and we
are in the middle of hurricane season. Our cities are literally under
water, yet the Republican leadership has done nothing to prevent the
National Flood Insurance Program from expiring at the end of the month.
Republicans have also let us come dangerously close to defaulting on
our debt and the obligations owed to servicemembers, veterans, seniors,
and the most vulnerable among us. Just yesterday, 800,000 young
Democrats were told by our President that their future is in the hands
of a hostile Congress.
We must oppose this bill so we can get to work on what Congress
should really be doing.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 2 minutes to the gentleman
from Texas (Mr. Carter).
Mr. CARTER of Texas. Mr. Chairman, I yield to the gentleman from
North Carolina (Mr. Pittenger), my colleague, for the purpose of a
colloquy.
Mr. PITTENGER. Mr. Chairman, earlier today the House passed a
critical $8 billion disaster relief package that is intended to fund
the immediate needs for Federal disaster relief.
Similar to Hurricane Harvey, a year ago, eastern North Carolina was
devastated by Hurricane Matthew. Our State suffered $4.8 billion in
damage, including 98,000 homes and 19,000 businesses. 82,000 people
have made applications to FEMA.
Mr. Chairman, although the package passed by the House this morning
was for Hurricane Harvey relief, can you please explain how it will be
also helpful for Hurricane Matthew victims?
I would like to be able to assure my constituents that Congress will
continue to support their long-term disaster relief needs.
Mr. CARTER of Texas. Mr. Chair, I thank the gentleman for yielding,
and I thank him for bringing up this issue.
Last week, FEMA was forced to restrict obligations for past disasters
to prioritize funding for immediate lifesaving efforts in response to
Hurricane Harvey.
The supplemental funding bill that passed the House this morning will
enable FEMA to lift these restrictions and resume funding for long-term
recovery efforts, such as those in North Carolina and other parts of
our Nation.
Mr. PITTENGER. Mr. Chair, if the gentleman will continue to yield, as
we consider the great plight in Texas of Hurricane Harvey, I also want
to offer my sincere thanks for the outpouring of support that my State
continues to receive, that they need after the devastation of Hurricane
Matthew.
Mr. Chair, I want to thank Chairman Frelinghuysen, who has offered my
State great support, and Chairman Carter.
Mrs. LOWEY. Mr. Chair, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 2 minutes to the gentleman
from Alabama (Mr. Aderholt).
Mr. ADERHOLT. Mr. Chairman, I yield to the gentleman from Iowa (Mr.
Young) for the purpose of a colloquy.
Mr. YOUNG of Iowa. Mr. Chairman, I rise today to express my support
for REAP, the Rural Energy for America Program; the Biomass Crop
Assistance Program; the Biorefinery Assistance Program as well; and for
improving the changes in mandatory spending for these energy programs
when this bill is conferenced with the Senate.
These programs are very important to my State, other States as well.
They have been used to help farmers reduce their overall operating
costs and make their farming businesses more competitive. These
programs have also enabled rural businesses to obtain financing
assistance, ensuring rural Iowa has similar opportunities to thrive and
develop.
Now, I know that we have budget constraints, we are facing them, and
I know the chairman had to make some tough decisions. I believe he took
a very thoughtful approach to the overall agriculture appropriations
bill, and I am very thankful to be on that subcommittee.
[[Page H6848]]
During the full committee markup, I was pleased that the subcommittee
chairman committed to working with me to find alternative offsets to
reduce these spending changes.
Mr. Chair, I appreciate Chairman Aderholt's attention, and I
appreciate Chairman Frelinghuysen's attention to this matter, too.
Mr. ADERHOLT. Mr. Chairman, I am very sympathetic to the gentleman
from Iowa's concerns regarding the reduction in the bill's mandatory
energy programs in the farm bill, in particular, the Rural Energy for
America Program.
The gentleman from Iowa is indeed a valued member of our
subcommittee, and he was very instrumental in developing many parts of
the overall bill, and I appreciate his input greatly.
A number of factors went into our decision for which programs to
reduce in order to achieve the $1.1 billion reduction in the bill's
funding level over this last year.
As I did mention, as he noted, in our full committee markup, I
committed to working with the gentleman from Iowa to see where we could
find alternative offsets, and we will continue to do that as we move
forward. So I thank the gentleman for bringing this to our attention
again here on the floor of the House.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 3 minutes to the gentleman
from Florida (Mr. Yoho).
Mr. YOHO. Mr. Chairman, I thank Chairman Frelinghuysen for the work
he has done with the Appropriations Committee.
Mr. Chair, I rise to speak about two important sections of the
funding bill: the Agriculture and the State, Foreign Operations
Appropriations bill.
I am pleased to support the committee's work in addressing several
crucial issues facing America's agricultural community.
I commend the committee for encouraging expansion of the foot and
mouth disease vaccine supply through the Animal and Plant Health
Inspection Service at the USDA.
I am also pleased to support the committee's recognition for the
critical contributions the National Animal Health Laboratory Network
makes in responding to emergency threats to American Agriculture,
funding the National Veterinary Stockpile, and for supporting pest
management and disease research.
I also want to recognize the committee's support for citrus greening
research and response, which is vital to the State of Florida's
economy. This vital program we are supporting today will provide
valuable protection for our agricultural system from pests and disease,
and will encourage innovative solutions to agricultural issues to the
future.
In regards to the State and Foreign Operations Appropriations budget,
I want to first thank the committee for including language that will
make the international broadcasting funds available at levels no lower
than the previous year. This will ensure the administration has the
ability to increase the transmissions of information into North Korea,
which is critical for eroding support for Kim Jong-un's brutal regime,
breaking the dictator's stronghold on information.
Finally, I want to mention foreign assistance and development. Today,
America is confronting unprecedented instability and growing
humanitarian crises around the world, all of which have a direct impact
on our national security and economic interests at home.
The U.S. Government must use each and every dollar more efficiently
and effectively. This appropriations bill takes important steps in
making it more effective. This investment in foreign aid can yield
great returns and can help increase trade, trade that is vital not only
to my State of Florida, where it supports over 2.5 million jobs, but to
the entire United States.
Eleven of the 15 largest importers of U.S. goods and services are
countries that graduated from U.S. foreign assistance, and 12 of the 15
fastest growing markets for U.S. exports are former recipients of our
aid.
The State Department and U.S. development agencies work to advance
America's economic interests by promoting exports that today make up
almost 13 percent of America's $18 trillion economy and supports about
one in five American jobs.
We must look to cut the duplicative and ineffective programs while
empowering the parts of our foreign assistance that work to become even
more effective.
Mrs. LOWEY. Mr. Chair, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, how much time is remaining on each
side? I am prepared to yield back, if the gentlewoman is prepared.
The ACTING CHAIR (Mr. Bishop of Utah). The gentleman from New Jersey
has 8\1/2\ minutes remaining. The gentlewoman from New York has 8
minutes remaining.
Mrs. LOWEY. Mr. Chair, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield back the balance of my time.
Mr. AMODEI. Mr. Chair, I appreciate the opportunity to engage in a
colloquy with you on an important issue related to the Consumer
Financial Protection Bureau.
This Congress should act swiftly and establish a five-member,
bipartisan commission at the CFPB. A commission structure will bring
much needed certainty and stability to consumers and small businesses
who are the most deeply impacted by regulation that reduces access to
banking products and drives up costs.
According to FDIC data, financial institutions of all sizes provide
more than $4 trillion in consumer loans to help America's consumers
achieve their dreams of purchasing a car, buying their first home, or
even providing an education for their children. Financial institutions
also provide more than $600 billion in small business loans to help
entrepreneurs start or grow their businesses and create jobs. The
ability of banks and credit unions to continue to serve their
communities by providing access to credit is critical to making these
dreams a reality. Therefore, it is important that the agencies that
regulate our nation's depository institutions are stable, transparent,
and provide long term certainty.
A five-member, bipartisan commission at the CFPB will help achieve
just that. Right now, a sole director at the CFPB over politicizes what
should be an impartial regulatory body. With every new Director there
could be a dramatic regulatory whipsaw effect. This volatility will
leave financial institutions limited in their ability to properly serve
customers because of an inability to plan for the long-term.
Protecting consumers and increasing access to well-regulated
financial products should be a top priority of the CFPB. A bipartisan
board will ensure consumers best interests are always first by
increasing transparency and stability in the rulemaking process and
allowing for more robust debate with many different viewpoints
considered.
On multiple occasions, the House of Representatives has passed
legislation to create a bipartisan commission, and most importantly,
the American people have made clear that they believe a bipartisan
commission is a better form of leadership at the CFPB. In fact, a
recent Morning Consult poll showed that registered voters support a
bipartisan commission at the CFPB by a 3 to 1 margin, and that just 14
percent of voters believe the CFPB structure should be left the way it
is now.
Congress must implement structural changes at the CFPB. The future of
consumer and small business lending is too vital to have uncertainty at
the Bureau.
Mr. Chairman, do you agree that the regulatory agencies that oversee
banks and credit unions should take into account the impact to all
stakeholders and bring certainty to the regulatory framework?
Will you commit to working with me to depoliticize the CFPB once and
for all, and bring a stable form of leadership to the Bureau that is in
keeping with most other financial service regulators?
Mr. GRAVES. Mr. Chair, I appreciate the gentleman's comments and all
the ideas of others with regard to this out of control agency and I
share his passion for bringing the CFPB under Appropriations oversight
as soon as possible. This is one idea of many, and I look forward to
working with the gentleman from Nevada and others in the near future as
we work to protect consumers from this rogue agency in some form or
fashion.
Mr. VISCLOSKY. Mr. Chair, I would like to extend my gratitude to
Chairman Frelinghuysen, Ranking Member Lowey, Chairman Diaz-Balart,
Ranking Member Price, and all of the staff for their hard work in
crafting the transportation portion of this bill. It is an extremely
difficult year to be tasked with funding the federal government, and I
understand that tough decisions had to be made.
I am pleased that in comparison to the President's budget, this bill
includes a $500 million increase for the Capital Investment Grant (CIG)
program. This program provides critical funding to transit projects
throughout the nation. While this funding increase is encouraging, it
is my hope that a higher number
[[Page H6849]]
can be agreed upon in conference. The Senate Appropriations Committee
has approved a funding level of $2.1 billion, and I strongly believe
that the Chairs and Ranking Members have demonstrated a commitment to
providing robust funding for transportation investments to grow jobs
and our economy.
I also am particularly grateful for the inclusion of report language
that protects the pipeline for CIG projects, and that the Senate
Appropriations Committee has also approved similar language. I was
alarmed that the President's budget sought to eliminate funding for
projects that had not yet received Full Funding Grant Agreements. 23
states currently have CIG projects and this language would undermine
the millions of dollars and years' worth of human capital they have
invested. This language is a responsible step that provides much needed
certainty to communities and shows the President that Congress is
committed to keeping its word to localities that were promised matching
federal funds.
Funding CIG projects is an investment in national economic
development. These projects connect people in our communities to
educational and job opportunities and allow businesses to grow and
thrive. It is absolutely critical that we prioritize these investments
in transportation infrastructure.
Mrs. NAPOLITANO. Mr. Chair I rise in strong opposition to H.R. 3354--
``Make America Secure and Prosperous Appropriations Act, 2018''. I am
particularly concerned with Section 134 of Division H which prohibits
states from setting meal break, rest break, and wage standards to
protect truck drivers.
On July 9, 2014, the Ninth U.S. Circuit Court of Appeals ruled that
trucking operators in California must abide by California labor law and
allow for a 30-minute meal break after 5 hours of work and a 10-minute
rest break after 4 hours of work. This meal and rest break standard is
very reasonable when you consider that truck drivers can be subject to
14 hours of on-duty time. Section 134 overturns the Circuit Court's
decision and prohibits California from addressing truck driving safety
with these regulations.
Section 134 goes further than just overturning California's laws, it
also preempts laws in 21 states and territories that guarantee meal and
rest breaks. These states include Colorado, Connecticut, Delaware,
Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada,
New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee,
Vermont, Washington, West Virginia, Guam, and Puerto Rico States should
be allowed to set meal and rest break standards as they see fit for the
health and safety of their workers.
Section 134 is additionally harmful because it attacks the wages of
truck drivers. Section 134 allows trucking companies to pay truck
drivers on a per load basis even if their routes are delayed for no
fault of their own. This is a major problem is Southern California
where truck drivers are delayed by overcrowding at the ports, by
traffic on our freeways, and by delays at warehouses. A truck driver in
Southern California can set out to haul 5 loads per day but only end up
hauling 2 loads. California sets standards to make sure that truck
drivers make at least the minimum wage and are paid for sick time.
Section 134 would overturn state based wage laws and allow trucking
companies to pay drivers less than the minimum wage.
Section 134 should have no place in this appropriations bill because
this is a legislative rider in the jurisdiction of the Transportation
and Infrastructure Committee. The Transportation Committee debated this
provision during consideration of the Fast Act and it was wisely
rejected by the FAST Act Conference Committee.
Mr. Chair, Section 134 is opposed by the State of California, the
Teamsters, truck safety groups, and the Owner-Operated Independent
Truck Drivers which represent over 90 percent of the companies in the
trucking industry.
Mr. Chair, I strongly oppose section 134 and urge my colleagues to
vote against this bill.
The ACTING CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
An amendment in the nature of a substitute consisting of the text of
Rules Committee Print 115-31, modified by Rules Committee Print 115-32
and the amendment printed in part A of House Report 115-295, shall be
considered as adopted, and the bill, as amended, shall be considered as
an original bill for the purpose of further amendment under the 5-
minute rule and shall be considered as read.
The text of the bill, as amended, is as follows:
H.R. 3354
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interior and Environment,
Agriculture and Rural Development, Commerce, Justice,
Science, Financial Services and General Government, Homeland
Security, Labor, Health and Human Services, Education, State
and Foreign Operations, Transportation, Housing and Urban
Development, Defense, Military Construction and Veterans
Affairs, Legislative Branch, and Energy and Water Development
Appropriations Act, 2018''.
SEC. 2. ADDITIONAL REFERENCE.
This Act may also be referred to as the ``Make America
Secure and Prosperous Appropriations Act, 2018''.
DIVISION A--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2018, and for other
purposes, namely:
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,074,503,000, to remain available until expended,
including all such amounts as are collected from permit
processing fees, as authorized but made subject to future
appropriation by section 35(d)(3)(A)(i) of the Mineral
Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses
associated with the processing of oil and gas applications
for permits to drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year
2018, so as to result in a final appropriation estimated at
not more than $1,074,503,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
land acquisition
(including rescission of funds)
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $12,800,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
Of the unobligated balances available for this account from
prior appropriations, $1,769,000 are permanently rescinded.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $104,256,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.),
and under section 28 of the Mineral Leasing Act (30 U.S.C.
185), to remain available
[[Page H6850]]
until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be
received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate for
refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the
Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may
be used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act (43 U.S.C. 1721(b)), to remain available until
expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements
with public and private entities, including with States.
Appropriations for the Bureau shall be available for
purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards: Provided further, That projects
to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in
support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be
available for the sale of wild horses and burros that results
in their destruction for processing into commercial products,
including for human consumption.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,247,109,000 to remain available until September
30, 2019: Provided, That not to exceed $17,122,000 shall be
used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)); of which not to exceed
$3,270,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection
(a)(3), excluding litigation support, for species listed
pursuant to subsection (a)(1) prior to October 1, 2015; of
which not to exceed $1,498,000 shall be used for any activity
regarding petitions to list species that are indigenous to
the United States pursuant to subsections (b)(3)(A) and
(b)(3)(B); and, of which not to exceed $501,000 shall be used
for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) for species that are not indigenous to the United
States.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fish and wildlife resources, and the acquisition of lands and
interests therein; $16,540,000, to remain available until
expended.
land acquisition
(including rescission of funds)
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
United States Fish and Wildlife Service, $40,641,000, to be
derived from the Land and Water Conservation Fund and to
remain available until expended, of which, notwithstanding
section 200306 of title 54, United States Code, not more than
$10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004,
including not to exceed $320,000 for administrative expenses:
Provided, That none of the funds appropriated for specific
land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
Of the unobligated balances available for this account from
prior appropriations, $4,572,000 are permanently rescinded.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $53,495,000,
to remain available until expended, of which $22,695,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund; and of which $30,800,000 is to be derived
from the Land and Water Conservation Fund.
Of the unobligated balances available for this account from
appropriations made for fiscal years prior to fiscal year
2013, $3,000,000 are permanently rescinded.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $38,145,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$3,900,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $11,061,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $62,571,000, to remain
available until expended: Provided, That of the amount
provided herein, $4,209,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$6,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the
regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$10,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2018 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2019, shall be reapportioned, together with funds
appropriated in 2020, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title, and which are used pursuant to law in
connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of
[[Page H6851]]
printing either in cash or services and the Service
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C.
3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be
available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot
type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of
the National Park Service, $2,410,031,000, of which
$10,032,000 for planning and interagency coordination in
support of Everglades restoration and $124,461,000 for
maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30,
2019: Provided, That funds appropriated under this heading in
this Act are available for the purposes of section 5 of
Public Law 95-348.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise
provided for, $59,629,000.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (division A of subtitle III of
title 54, United States Code), $75,410,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2019, of which $5,000,000 shall be for
Save America's Treasures grants for preservation of national
significant sites, structures, and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of
2009 (54 U.S.C. 3089): Provided, That an individual Save
America's Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only
be eligible for one grant: Provided further, That all
projects to be funded shall be approved by the Secretary of
the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the
funds provided for the Historic Preservation Fund, $500,000
is for competitive grants for the survey and nomination of
properties to the National Register of Historic Places and as
National Historic Landmarks associated with communities
currently underrepresented, as determined by the Secretary,
$10,500,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, and $3,000,000 is
for grants to Historically Black Colleges and Universities:
Provided further, That such competitive grants shall be made
without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code to States and
Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including
Certified Local Governments, and nonprofit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$219,844,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2018 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made
available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National
Park Service Construction appropriation: Provided further,
That the Secretary of the Interior shall consult with the
Committees on Appropriations, in accordance with current
reprogramming thresholds, prior to making any charges
authorized by this section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2018 by
section 200308 of title 54, United States Code, is rescinded.
land acquisition and state assistance
(including rescission of funds)
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to the
National Park Service, $120,575,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $79,006,000 is for the State
assistance program and of which $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized
by chapter 3081 of title 54, United States Code.
Of the unobligated balances available for this account from
prior appropriations, $4,500,000 are permanently rescinded.
centennial challenge
For expenses necessary to carry out the provisions of
section 101701 of title 54, United States Code, relating to
challenge cost share agreements, $15,000,000, to remain
available until expended, for Centennial Challenge projects
and programs: Provided, That not less than 50 percent of the
total cost of each project or program shall be derived from
non-Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed
the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to
the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefitting unit,
in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under section 204 of
title 23, United States Code. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,038,922,000, to
remain available until September 30, 2019; of which
$70,933,913 shall remain available until expended for
satellite operations; and of which $7,266,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for water resources and
natural hazards activities through permits and licenses;
expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses
of persons employed by the Survey duly appointed to represent
the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the
use of contracts, grants, or cooperative agreements as
defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey
may enter into contracts or cooperative agreements directly
with individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 6101, for the
temporary or intermittent services of students or recent
graduates, who shall be considered employees for the purpose
of chapters 57 and 81 of title 5, United States Code,
relating to compensation for travel and work injuries, and
chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees
for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
(including rescission of funds)
For expenses necessary for granting leases, easements,
rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto,
as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements,
$171,000,000,
[[Page H6852]]
of which $114,166,000 is to remain available until September
30, 2019, and of which $56,834,000 is to remain available
until expended: Provided, That this total appropriation shall
be reduced by amounts collected by the Secretary and credited
to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5,
1993, and from cost recovery fees from activities conducted
by the Bureau of Ocean Energy Management pursuant to the
Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2018 appropriation estimated at not more than
$114,166,000: Provided further, That not to exceed $3,000
shall be available for reasonable expenses related to
promoting volunteer beach and marine cleanup activities.
Of the unobligated balances available for this account,
$25,000,000 are permanently rescinded.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements
for use for oil and gas, other minerals, energy, and marine-
related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and
regulations as authorized by law and to the extent provided
by Presidential or Secretarial delegation; and for matching
grants or cooperative agreements, $136,411,000, of which
$108,540,000 is to remain available until September 30, 2019,
and of which $27,871,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Safety and Environmental Enforcement pursuant to
the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2018 appropriation estimated at not more than
$108,540,000.
For an additional amount, $50,000,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in
fiscal year 2018, as provided in this Act: Provided, That to
the extent that amounts realized from such inspection fees
exceed $50,000,000, the amounts realized in excess of
$50,000,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2018, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
Of the unobligated balances available for this account,
$12,000,000 are permanently rescinded.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $12,700,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, $113,790,000, to remain available until September
30, 2019: Provided, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain
available until expended: Provided, That fees assessed and
collected by the Office pursuant to such section 507 shall be
credited to this account as discretionary offsetting
collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2018
appropriation estimated at not more than $113,790,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$24,672,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, $75,000,000, to remain available until
expended, for grants to States for reclamation of abandoned
mine lands and other related activities in accordance with
the terms and conditions in the report accompanying this Act:
Provided, That such additional amount shall be used for
economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided
further, That such additional amount shall be distributed in
equal amounts to the 3 Appalachian States with the greatest
amount of unfunded needs to meet the priorities described in
paragraphs (1) and (2) of such section: Provided further,
That such additional amount shall be allocated to States
within 60 days after the date of enactment of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5301 et seq.), the Education Amendments of 1978 (25 U.S.C.
2001-2019), and the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.), $2,362,211,000, to remain available
until September 30, 2019, except as otherwise provided
herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$74,650,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of
federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $662,570,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2018, and shall
remain available until September 30, 2019: Provided further,
That not to exceed $50,991,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed
$80,168,000 within and only from such amounts made available
for school operations shall be available for administrative
cost grants associated with grants approved prior to July 1,
2018: Provided further, That any forestry funds allocated to
a federally recognized tribe which remain unobligated as of
September 30, 2019, may be transferred during fiscal year
2020 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the
holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2020: Provided further, That in order to
enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles
of clothing for personnel: Provided further, That the Bureau
of Indian Affairs may accept transfers of funds from U.S.
Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads on the Tohono
O'odham Nation.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Bureau of Indian Affairs for fiscal year 2018, such sums
as may be necessary, which shall be available for obligation
through September 30, 2019: Provided, That notwithstanding
any other provision of law, no amounts made available under
this heading shall be available for transfer to another
budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483; $202,213,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to the Act
of November 2, 1921 (25 U.S.C. 13), shall be made available
on a nonreimbursable
[[Page H6853]]
basis: Provided further, That for fiscal year 2018, in
implementing new construction, replacement facilities
construction, or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant
schools under Public Law 100-297, the Secretary of the
Interior shall use the Administrative and Audit Requirements
and Cost Principles for Assistance Programs contained in part
12 of title 43, Code of Federal Regulations, as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of title 43, Code of
Federal Regulations; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering grant
applications, the Secretary shall consider whether such
grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes
and Federal, tribal, or State health and safety standards as
required by section 1125(b) of Public Law 95-561 (25 U.S.C.
2005(b)), with respect to organizational and financial
management capabilities: Provided further, That if the
Secretary declines a grant application, the Secretary shall
follow the requirements contained in section 5205(f) of
Public Law 100-296 (25 U.S.C. 2504(f)): Provided further,
That any disputes between the Secretary and any grantee
concerning a grant shall be subject to the disputes provision
in section 2508 of Public Law 100-297 (25 U.S.C. 2507(e)):
Provided further, That in order to ensure timely completion
of construction projects, the Secretary may assume control of
a project and all funds related to the project, if, within 18
months of the date of enactment of this Act, any grantee
receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the
project and commenced construction: Provided further, That
this appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 111-11,
111-291, and 114-322, and for implementation of other land
and water rights settlements, $55,457,000, to remain
available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$9,272,000, of which $1,252,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed or insured, not to
exceed $123,565,389.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the
Bureau of Indian Affairs may contract for services in support
of the management, operation, and maintenance of the Power
Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices,
and facilities operations and maintenance) shall be available
for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools
under 25 U.S.C. 452 et seq., shall be available to support
the operation of any elementary or secondary school in the
State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
when the Secretary determines such waiver is needed to
support accomplishment of the mission of the Bureau of Indian
Education. Appropriations made available in this or any prior
Act for schools funded by the Bureau shall be available, in
accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996,
and to any school or school program that was reinstated in
fiscal year 2012. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive
this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-
public schools located within the jurisdictional area of the
tribal government which exclusively serve tribal members, do
not include grades beyond those currently served at the
existing Bureau-funded school, provide an educational
environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and
demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs,
such as for transportation or other impacts to students such
as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used
to fund operations, maintenance, rehabilitation, construction
or other facilities-related costs for such assets that are
not owned by the Bureau: Provided further, That the term
``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50
miles but that forms part of the existing school in all other
respects.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $122,940,000, to remain available until
September 30, 2019; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of
Mines; and of which $9,000,000 for the Office of Valuation
Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended.
administrative provisions
For fiscal year 2018, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $90,930,000, of which: (1) $81,500,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by subsection (c) of the Act of
February 20, 1929 (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands, as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands, as authorized by Public Law 94-241
(90 Stat. 272); and (2) $9,430,000 shall be available until
September 30, 2019, for salaries and expenses of the Office
of Insular Affairs: Provided, That all financial transactions
of the territorial and local governments herein provided for,
including such transactions of all
[[Page H6854]]
agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability
Office, at its discretion, in accordance with chapter 35 of
title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided
according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance
for the Northern Mariana Islands approved by Public Law 104-
134: Provided further, That the funds for the program of
operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance
improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the
Secretary based on the grantee's commitment to timely
maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in
this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,300,000, to remain
available until expended, as provided for in sections
221(a)(2) and 233 of the Compact of Free Association for the
Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the
Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the
population of the area, credit elsewhere requirements, and
restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$65,675,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$49,952,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $119,400,000, to remain available until expended, of
which not to exceed $18,990,000 from this or any other Act,
may be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs and Bureau of Indian Education,
``Operation of Indian Programs'' account; the Office of the
Solicitor,``Salaries and Expenses'' account; and the Office
of the Secretary, ``Departmental Operations'' account:
Provided further, That funds made available through contracts
or grants obligated during fiscal year 2018, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be
required to provide a quarterly statement of performance for
any Indian trust account that has not had activity for at
least 15 months and has a balance of $15 or less: Provided
further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and
shall permit the balance in each such account to be withdrawn
upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for
the Secretary to make payments to correct administrative
errors of either disbursements from or deposits to Individual
Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for
this purpose: Provided further, That the Secretary shall not
be required to reconcile Special Deposit Accounts with a
balance of less than $500 unless the Office of the Special
Trustee receives proof of ownership from a Special Deposit
Accounts claimant: Provided further, That notwithstanding
section 102 of the American Indian Trust Fund Management
Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust
accounts of individuals whose whereabouts are unknown for a
continuous period of at least five years and shall not be
required to generate periodic statements of performance for
the individual accounts: Provided further, That with respect
to the eighth proviso, the Secretary shall continue to
maintain sufficient records to determine the balance of the
individual accounts, including any accrued interest and
income, and such funds shall remain available to the
individual account holders.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $935,850,000,
to remain available until expended, of which not to exceed
$8,212,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That of the funds provided
$182,500,000 is for fuels management activities: Provided
further, That of the funds provided $19,948,000 is for burned
area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That the
costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared,
as mutually agreed on by the affected parties: Provided
further, That notwithstanding requirements of the Competition
in Contracting Act, the Secretary, for purposes of fuels
management activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or
cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to
field units to ensure accountability and consistent
application of the authorities provided herein: Provided
further, That funds appropriated under this heading may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided
further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property
with local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on
such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for
any such lease or for construction activity associated with
the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $50,000,000, between the
Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided
further, That funds provided for wildfire suppression shall
be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of
State, shall be available to support forestry, wildland fire
management, and related natural resource activities outside
the United States and its territories and possessions,
including technical assistance, education and training, and
cooperation with United States and international
organizations.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to
remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et
[[Page H6855]]
seq.), the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.), and 54 U.S.C. 100721 et seq., $7,568,000, to remain
available until expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $65,388,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate:Provided further,
That the Secretary may assess reasonable charges to State,
local and tribal government employees for training services
provided by the National Indian Program Training Center,
other than training related to Public Law 93-638: Provided
further, That the Secretary may lease or otherwise provide
space and related facilities, equipment or professional
services of the National Indian Program Training Center to
State, local and tribal government employees or persons or
organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of
title 40, United States Code) at the prevailing rate for
similar space, facilities, equipment, or services in the
vicinity of the National Indian Program Training Center:
Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall
be available until expended, and shall be used by the
Secretary for necessary expenses of the National Indian
Program Training Center: Provided further, That the Secretary
may enter into grants and cooperative agreements to support
the Office of Natural Resource Revenue's collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement
aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $137,757,000, to remain available until
September 30, 2019; of which $41,727,000 shall remain
available until expended for the purpose of mineral revenue
management activities: Provided, That notwithstanding any
other provision of law, $15,000 shall be available for
refunds of overpayments in connection with certain Indian
leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.
payments in lieu of taxes
For necessary expenses for payments authorized by chapter
69 of title 31, United States Code, $465,000,000 shall be
available for fiscal year 2018.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands
under the jurisdiction of the Secretary, pursuant to the
authority in section 417(b) of Public Law 106-224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section
410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, with
such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire suppression''
shall be exhausted within 30 days: Provided further, That all
funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code,
when authorized by the Secretary, in total amount not to
exceed $500,000; purchase and replacement of motor vehicles,
including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2018. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2018, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2018 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2018. Fees for fiscal
year 2018 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within
30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation
[[Page H6856]]
and Enforcement, may transfer funds among and between the
successor offices and bureaus affected by the reorganization
only in conformance with the reprogramming guidelines
described in the report accompanying this Act.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 3903 of title
41, United States Code (except that the 5-year term
restriction in subsection (a) shall not apply), for the long-
term care and maintenance of excess wild free roaming horses
and burros by such organizations or entities on private land.
Such cooperative agreements and contracts may not exceed 10
years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
exhaustion of administrative review
Sec. 111. Paragraph (1) of section 122(a) of division E of
Public Law 112-74 (125 Stat. 1013) is amended by striking
``fiscal years 2012 through 2020,'' in the first sentence and
inserting ``fiscal year 2012 and each fiscal year
thereafter,''.
contracts and agreements with indian affairs
Sec. 112. Notwithstanding any other provision of law,
during fiscal year 2018, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such
entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
sage-grouse
Sec. 113. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
write or issue pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
humane transfer of excess animals
Sec. 114. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or
burros that have been removed from the public lands to other
Federal, State, and local government agencies for use as work
animals: Provided, That the Secretary may make any such
transfer immediately upon request of such Federal, State, or
local government agency: Provided further, That any excess
animal transferred under this provision shall lose its status
as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That
any Federal, State, or local government agency receiving
excess wild horses or burros as authorized in this section
shall not: destroy the horses or burros in a way that results
in their destruction into commercial products; sell or
otherwise transfer the horses or burros in a way that results
in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the
recommendation of a licensed veterinarian, in cases of severe
injury, illness, or advanced age.
prohibition on use of funds for certain historic designation
Sec. 115. None of the funds made available by this Act may
be used to make a determination of eligibility or to list the
Trestles Historic District, San Diego County, California, on
the National Register of Historic Places.
reissuance of final rules
Sec. 116. Before the end of the 60-day period beginning on
the date of the enactment of this Act, the Secretary of the
Interior shall reissue the final rule published on December
28, 2011 (76 Fed. Reg. 81666 et seq.) and the final rule
published on September 10, 2012 (77 Fed. Reg. 55530 et seq.),
without regard to any other provision of statute or
regulation that applies to issuance of such rules. Such
reissuances (including this section) shall not be subject to
judicial review.
gray wolves range-wide
Sec. 117. None of the funds made available by this Act may
be used by the Secretary of the Interior to treat any gray
wolf in any of the 48 contiguous States or the District of
Columbia as an endangered species or threatened species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including Rescission of Funds)
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; and other
operating expenses in support of research and development,
$629,238,000, to remain available until September 30, 2019:
Provided, That of the funds included under this heading,
$4,100,000 shall be for Research: National Priorities as
specified in the report accompanying this Act: Provided
further, That of the unobligated balances from appropriations
made available under this heading, $27,000,000 are
permanently rescinded.
Environmental Programs and Management
(including Rescission of Funds)
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; and not to exceed $19,000 for
official reception and representation expenses,
$2,398,840,000, to remain available until September 30, 2019:
Provided, That of the amounts provided under this heading,
the Chemical Risk Review and Reduction program project shall
be allocated for this fiscal year, excluding the amount of
any fees made available, not less than the amount of
appropriations for that program project for fiscal year 2014:
Provided further, That of the funds included under this
heading, $12,700,000 shall be for Environmental Protection:
National Priorities as specified in the report accompanying
this Act: Provided further, That of the funds included under
this heading, $402,000,000 shall be for Geographic Programs
specified in the report accompanying this Act: Provided
further, That of the unobligated balances from appropriations
made available under this heading, $41,000,000 are
permanently rescinded.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the
Solid Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by
such section, $3,674,000, to remain available until September
30, 2020: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections under
such section 3024 are received during fiscal year 2018, which
shall remain available until expended and be used for
necessary expenses in this appropriation, so as to result in
a final fiscal year 2018 appropriation from the general fund
estimated at not more than $0: Provided further, That to the
extent such offsetting collections received in fiscal year
2018 exceed $3,674,000, those excess amounts shall remain
available until expended and be used for necessary expenses
in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $40,000,000, to remain available until September 30,
2019.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$39,553,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611) $1,116,374,000, to remain
available until expended, consisting of such sums as are
available in the Trust Fund on September 30, 2017, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,116,374,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with
section 111(a) of CERCLA: Provided further, That of the funds
appropriated under this heading, $7,778,000 shall be paid to
the ``Office of Inspector General'' appropriation to remain
available until September 30, 2019, and $15,496,000 shall be
paid to the ``Science and Technology'' appropriation to
remain available until September 30, 2019.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, $91,874,000, to remain
available until expended, of which $66,505,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That
the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage
tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,047,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
[[Page H6857]]
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,288,161,000, to remain
available until expended, of which--
(1) $1,143,887,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title
VI of the Federal Water Pollution Control Act; and of which
$863,233,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal
year 2017, funds made available under this title to each
State for Clean Water State Revolving Fund capitalization
grants and for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each State,
be used for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water pollution
control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2018 and
prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or
were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2018, notwithstanding
the provisions of subsections (g)(1), (h), and (l) of section
201 of the Federal Water Pollution Control Act, grants made
under title II of such Act for American Samoa, Guam, the
commonwealth of the Northern Marianas, the United States
Virgin Islands, and the District of Columbia may also be made
for the purpose of providing assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2018, notwithstanding
the provisions of such subsections (g)(1), (h), and (l) of
section 201 and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2018, notwithstanding
any provision of the Federal Water Pollution Control Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year 2018, funds reserved
under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section 518(h) of
such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native
Villages as defined in Public Law 92-203: Provided further,
That for fiscal year 2018, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i)
of the Safe Drinking Water Act, up to a total of 2 percent of
the funds appropriated, or $20,000,000, whichever is greater,
for State Revolving Funds under such Acts may be reserved by
the Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2018, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2018,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water
State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State
Revolving Fund capitalization grants and 20 percent of the
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible
recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act;
(2) $10,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
(3) $90,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided further,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates;
(4) $75,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(5) $40,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the report
accompanying this Act; and
(6) $1,066,041,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying
out section 128 of CERCLA; $9,646,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,498,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available for
grants under section 106 of the Federal Water Pollution
Control Act shall be for State participation in national- and
State-level statistical surveys of water resources and
enhancements to State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $25,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations
for the principal amount of direct loans, including
capitalized interest, and total loan principal, including
capitalized interest, any part of which is to be guaranteed,
not to exceed $3,049,000,000.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this
account, to remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act
of 2014, $5,000,000, to remain available until September 30,
2019.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2018, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 112-177, the Pesticide Registration Improvement
Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2018.
[[Page H6858]]
Notwithstanding any other provision of law, in addition to
the activities specified in section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8), fees collected in this and prior fiscal years under
such section shall be available for the following activities
as they relate to pesticide licensing: processing and review
of data submitted in association with a registration,
information submitted pursuant to section 6(a)(2) of FIFRA,
supplemental distributor labels, transfers of registrations
and data compensation rights, additional uses registered by
States under section 24(c) of FIFRA, data compensation
petitions, review of minor amendments, and notifications;
laboratory support and audits; administrative support;
development of policy and guidance; rulemaking support;
information collection activities; and the portions of
salaries related to work in these areas.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 26(b) of the Toxic Substances Control Act (15 U.S.C.
2625(b)) for fiscal year 2018.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000
per project.
For fiscal year 2018, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
Of the unobligated balances available for the ``State and
Tribal Assistance Grants'' account, $60,000,000 are
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $1,500,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $278,368,000, to remain available through
September 30, 2021: Provided, That of the funds provided,
$75,037,000 is for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management and
conducting an international program as authorized,
$198,710,000, to remain available through September 30, 2021,
as authorized by law; of which $36,184,000 is to be derived
from the Land and Water Conservation Fund to be used for the
Forest Legacy Program, to remain available until expended.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands as authorized
by law, $1,885,827,000, to remain available through September
30, 2021: Provided, That of the funds provided, $370,305,000
shall be for forest products: Provided further, That of the
funds provided, $392,500,000 shall be for hazardous fuels
management activities, of which not to exceed $15,000,000 may
be used to make grants, using any authorities available to
the Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands:
Provided further, That of the funds provided, up to
$15,000,000 may be used by the Secretary of Agriculture to
enter into procurement contracts or cooperative agreements or
to issue grants for hazardous fuels management activities,
and for training or monitoring associated with such hazardous
fuels management activities on Federal land, or on non-
Federal land if the Secretary determines such activities
benefit resources on Federal land. Provided further, That
notwithstanding section 33 of the Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1012), the Secretary of Agriculture, in
calculating a fee for grazing on a National Grassland, may
provide a credit of up to 50 percent of the calculated fee to
a Grazing Association or direct permittee for a conservation
practice approved by the Secretary in advance of the fiscal
year in which the cost of the conservation practice is
incurred. And, that the amount credited shall remain
available to the Grazing Association or the direct permittee,
as appropriate, in the fiscal year in which the credit is
made and each fiscal year thereafter for use on the project
for conservation practices approved by the Secretary.
In addition, $4,500,000, to remain available through
September 30, 2021, from communication site rental fees
established by the Forest Service for the cost of
administering communication site activities.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $354,733,000, to remain available through
September 30, 2021, for construction, capital improvement,
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That funds becoming available
in fiscal year 2018 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury
and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated.
land acquisition
For expenses necessary to carry out the provisions of
chapter 2003 of title 54, United States Code, including
administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $25,000,000, to
be derived from the Land and Water Conservation Fund and to
remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $850,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to the Sisk Act (16 U.S.C. 484a),
pursuant to the Land Sale and Exchange Acts (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589; and Public
Law 78-310), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751(b)(1)), to remain
available through September 30, 2021, of which not to exceed
6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by section 4(b) of the Forest and
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C.
1643(b)), $45,000, to remain available through September 30,
2021, to be derived from the fund established pursuant to
such Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $2,225,000, to remain available through
September 30, 2021.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or
other lands under fire protection agreement, emergency
rehabilitation of burned-over National Forest System lands
and water, and for State and volunteer fire assistance,
$2,506,357,000, to remain available through September 30,
2021: Provided, That such funds including unobligated
balances under this heading, are available for repayment of
advances from other appropriations accounts previously
transferred for such purposes: Provided further, That any
unobligated funds appropriated in a previous fiscal year for
hazardous fuels management may be transferred to the
``National Forest System'' account: Provided further, That
such funds shall be available to reimburse State and other
cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent
such reimbursements by the
[[Page H6859]]
Forest Service for non-fire emergencies are fully repaid by
the responsible emergency management agency: Provided
further, That of the funds provided, $19,290,000 is for
research activities and to make competitive research grants
pursuant to the Forest and Rangeland Renewable Resources
Research Act, (16 U.S.C. 1641 et seq.), $76,011,000 is for
State fire assistance, and $14,618,000 is for volunteer fire
assistance under section 10 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2106): Provided further,
That amounts in this paragraph may be transferred to the
``Forest and Rangeland Research'' account to fund forest and
rangeland research: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That funds made available to implement the Community Forest
Restoration Act, Public Law 106-393, title VI, shall be
available for use on non-Federal lands in accordance with
authorities made available to the Forest Service under the
``State and Private Forestry'' appropriation: Provided
further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate
amount not to exceed $50,000,000, between the Departments
when such transfers would facilitate and expedite wildland
fire management programs and projects: Provided further, That
funds designated for wildfire suppression, shall be assessed
for cost pools on the same basis as such assessments are
calculated against other agency programs.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft to
maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the
House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland
Fire Management'' will be obligated within 30 days: Provided,
That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the Wildland Fire Management Account, or reprogram
funds within the Wildland Fire Management Account, to be used
for the purposes of hazardous fuels management and emergency
rehabilitation of burned-over National Forest System lands
and water, such transferred funds shall remain available
through September 30, 2021: Provided, That none of the funds
transferred pursuant to this section shall be available for
obligation without written notification to and the prior
approval of the Committees on Appropriations of both Houses
of Congress: Provided further, That this section does not
apply to funds derived from the Land and Water Conservation
Fund.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with United States
private and international organizations. The Forest Service,
acting for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the United States
Agency for International Development, the Department of
State, and the Millennium Challenge Corporation), United
States private sector firms, institutions and organizations
to provide technical assistance and training programs
overseas on forestry and rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-171 (7 U.S.C.
8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the report accompanying
this Act.
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center and the Department of
Agriculture's International Technology Service.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within
the scope of the approved budget, which shall be carried out
by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993 (16
U.S.C. 1701 et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be
available for administrative expenses: Provided further, That
the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match
funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$65,000,000, shall be assessed for the purpose of performing
fire, administrative and other facilities maintenance and
decommissioning. Such assessments shall occur using a square
foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support
services.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest
Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums
requested for transfer.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through
the Office of Budget and Program Analysis, the Forest Service
shall report not later than 30 business days following the
close of each fiscal quarter all current and prior year
unobligated balances, by fiscal year, budget line item and
account, to the House and Senate Committees on
Appropriations.
Any unobligated balance of funds appropriated in a previous
fiscal year in the FLAME Wildfire Suppression Reserve Fund
account shall remain available through September 30, 2020.
The Forest Service shall submit, through the Office of
Budget and Program Analysis, to the Office of Management and
Budget a proposed system of administrative control of funds
for its accounts, as described in 31 U.S.C. 1514, not later
than December 31, 2017.
[[Page H6860]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,867,260,000,
together with payments received during the fiscal year
pursuant to sections 231(b) and 233 of the Public Health
Service Act (42 U.S.C. 238(b), 238b), for services furnished
by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $2,000,000 shall be available for grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$928,830,000 for Purchased/Referred Care, including
$53,000,000 for the Indian Catastrophic Health Emergency
Fund, shall remain available until expended: Provided
further, That of the funds provided, up to $36,000,000 shall
remain available until expended for implementation of the
loan repayment program under section 108 of the Indian Health
Care Improvement Act: Provided further That of the funds
provided, $11,000,000 shall remain available until expended
to supplement funds available for operational costs at tribal
clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health
care is delivered in space acquired through a full service
lease, which is not eligible for maintenance and improvement
and equipment funds from the Indian Health Service, and
$29,000,000 shall be for costs related to or resulting from
accreditation emergencies, of which up to $4,000,000 may be
used to supplement amounts otherwise available for Purchased/
Referred Care: Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and
108 of the Indian Health Care Improvement Act (25 U.S.C.
1613a and 1616a) during the preceding fiscal year for breach
of contracts shall be deposited to the Fund authorized by
section 108A of that Act (25 U.S.C. 1616a-1) and shall remain
available until expended and, notwithstanding section 108A(c)
of that Act (25 U.S.C. 1616a-1(c)), funds shall be available
to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of that Act (25 U.S.C.
1613a and 1616a): Provided further, That the amounts made
available within this account for the Substance Abuse and
Suicide Prevention Program, for the Domestic Violence
Prevention Program, for the Zero Suicide Initiative, for
aftercare pilot programs at Youth Regional Treatment Centers,
to improve collections from public and private insurance at
Indian Health Service and tribally operated facilities, and
for accreditation emergencies shall be allocated at the
discretion of the Director of the Indian Health Service and
shall remain available until expended: Provided further, That
funds provided in this Act may be used for annual contracts
and grants for which the performance period falls within 2
fiscal years, provided the total obligation is recorded in
the year the funds are appropriated: Provided further, That
the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health
Care Improvement Act shall remain available until expended
for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the
Social Security Act, except for those related to the
planning, design, or construction of new facilities: Provided
further, That funding contained herein for scholarship
programs under the Indian Health Care Improvement Act shall
remain available until expended: Provided further, That
amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall be
reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided
further, That the Bureau of Indian Affairs may collect from
the Indian Health Service, and from tribes and tribal
organizations operating health facilities pursuant to Public
Law 93-638, such individually identifiable health information
relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals
with Disabilities Education Act (20 U.S.C. 1400, et seq.):
Provided further, That of the funds provided, $130,000,000 is
for the Indian Health Care Improvement Fund and may be used,
as needed, to carry out activities typically funded under the
Indian Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Indian Health Service for fiscal year 2018, such sums as
may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $551,643,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That
not to exceed $500,000 may be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and
the ``Indian Health Services'' account may be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health
Service and the General Services Administration: Provided
further, That not to exceed $500,000 may be placed in a
Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and
for expenses of attendance at meetings that relate to the
functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall
be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638: Provided further, That
funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided
further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5321 et seq. (title I), 5381 et seq. (title V)), may be
deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title V
of such Act and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation:
Provided further, That none of the funds made available to
the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and
such request has been included in an appropriations Act and
enacted into law: Provided further, That with respect to
functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities on
a reimbursable basis, including payments in advance with
subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from
which the funds were originally derived, with such amounts to
remain available until expended: Provided further, That
reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
costs associated with the provision of goods, services, or
technical assistance:
[[Page H6861]]
Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance
notification to the House and Senate Committees on
Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $75,370,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) and section 3019 of the Solid Waste Disposal
Act, $72,780,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2018,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $2,994,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $11,000,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any
other provision of law, the Inspector General of the Board
shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions
within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$15,431,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88
Stat. 1716): Provided further, That $200,000 shall be
transferred to the Office of Inspector General of the
Department of the Interior, to remain available until
expended, for audits and investigations of the Office of
Navajo and Hopi Indian Relocation, consistent with the
Inspector General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$9,835,000, which shall become available on July 1, 2018, and
shall remain available until September 30, 2019.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$716,600,000, to remain available until September 30, 2019,
except as otherwise provided herein; of which not to exceed
$6,908,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$168,500,000, including support for revitalization of the
National Air and Space Museum, to remain available until
expended, of which not to exceed $10,000 shall be for
services as authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $132,961,000,
to remain available until September 30, 2019, of which not to
exceed $3,620,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years,
that address space needs created by the ongoing renovations
in the Master Facilities Plan, as authorized, $22,564,000, to
remain available until expended: Provided, That contracts
awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as well
as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $23,740,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $13,000,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $10,000,000, to remain available
until September 30, 2019.
[[Page H6862]]
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $145,000,000
shall be available to the National Endowment for the Arts for
the support of projects and productions in the arts,
including arts education and public outreach activities,
through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $145,000,000 to
remain available until expended, of which $134,000,000 shall
be available for support of activities in the humanities,
pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $11,000,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,700,000 for the purposes of
section 7(h): Provided, That appropriations for carrying out
section 10(a)(2) shall be available for obligation only in
such amounts as may be equal to the total amounts of gifts,
bequests, devises of money, and other property accepted by
the chairman or by grantees of the National Endowment for the
Humanities under the provisions of sections 11(a)(2)(B) and
11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may
approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,600,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study, or education: Provided further, That
one-tenth of one percent of the funds provided under this
heading may be used for official reception and representation
expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $2,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,400,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109,
$7,948,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$57,000,000, of which $1,215,000 shall remain available until
September 30, 2020, for the Museum's equipment replacement
program; and of which $2,500,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,600,000, to remain available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor
of Dwight D. Eisenhower, as authorized by Public Law 106-79,
$15,000,000, to remain available until expended: Provided,
That the contract with respect to the procurement shall
contain the ``availability of funds'' clause described in
section 52.232.18 of title 48, Code of Federal Regulations:
Provided further, That the funds appropriated herein shall be
deemed to satisfy the criteria for issuing a permit contained
in 40 U.S.C. 8906(a)(4) and (b).
women's suffrage centennial commission
salaries and expenses
For necessary expenses of the Women's Suffrage Centennial
Commission, as authorized by Public Law 115-31, $1,000,000,
to remain available until expended.
world war i centennial commission
salaries and expenses
For activities of the World War I Centennial Commission as
authorized by the World War I Centennial Commission Act
(Public Law 112-272) and the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291), $3,000,000: Provided, That
the Commission may accept money, in-kind personnel services,
contractual support, or any appropriate support from any
executive branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates
shall be presented to the Committees on Appropriations for
approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2019, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of
Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2018.
contract support costs, fiscal year 2018 limitation
Sec. 406. Amounts provided by this Act for fiscal year
2018 under the headings ``Department of Health and Human
Services, Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2018
with the Bureau of Indian Affairs or the Indian Health
Service: Provided, That such amounts provided by this Act are
not available for payment of claims for contract support
costs for prior years, or for repayments of payments for
settlements or judgments awarding contract support costs for
prior years.
[[Page H6863]]
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National
Park Protection and Expansion Act of 1989, or to funds
appropriated for Federal assistance to the State of Florida
to acquire lands for Everglades restoration purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging
and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when
appraised using a residual value appraisal. The western red
cedar timber from those sales which is surplus to the needs
of the domestic processors in Alaska, shall be made available
to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity.
recreation fee
Sec. 416. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking
``September 30, 2018'' and inserting ``September 30, 2019''.
prohibition on use of funds
Sec. 417. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring
the issuance of permits under title V of the Clean Air Act
(42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide,
water vapor, or methane emissions resulting from biological
processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 418. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
modification of authorities
Sec. 419. Section 8162(m)(3) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law
106-79) is amended by striking ``September 30, 2017'' and
inserting ``September 30, 2018''.
funding prohibition
Sec. 420. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or
any other law.
contracting authorities
Sec. 421. Section 412 of Division E of Public Law 112-74
is amended by striking ``fiscal year 2017'' and inserting
``fiscal year 2019''.
chesapeake bay initiative
Sec. 422. Section 502(c) of the Chesapeake Bay Initiative
Act of 1998 (Public Law 105-312; 16 U.S.C. 461 note) is
amended by striking ``2017'' and inserting ``2019''.
extension of grazing permits
Sec. 423. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing
permits issued by the Forest Service on any lands not subject
to administration under section 402 of the Federal Lands
Policy and Management Act (43 U.S.C. 1752), shall remain in
effect for fiscal year 2018.
funding prohibition
Sec. 424. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
forest service facility realignment and enhancement act
Sec. 425. Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of
[[Page H6864]]
2005 (16 U.S.C. 580d note; Public Law 109-54) is amended by
striking ``2016'' and inserting ``2018''.
use of american iron and steel
Sec. 426. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system
or treatment works unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
midway island
Sec. 427. None of the funds made available by this Act may
be used to destroy any buildings or structures on Midway
Island that have been recommended by the United States Navy
for inclusion in the National Register of Historic Places (54
U.S.C. 302101).
policies relating to biomass energy
Sec. 428. For fiscal year 2018 and each fiscal year
thereafter, to support the key role that forests in the
United States can play in addressing the energy needs of the
United States, the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency shall, consistent with their missions,
jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies
that--
(A) reflect the carbon-neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use.
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
john f. kennedy center reauthorization
Sec. 429. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b)
and inserting the following:
``(a) Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H), $24,000,000 for fiscal year 2018.
``(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $13,000,000 for fiscal year 2018.''.
clarification of exemptions
Sec. 430. Notwithstanding section 404(f)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(f)(2)), none of
the funds made available by this Act may be used to require a
permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) for the activities identified in subparagraphs (A) and
(C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A),
(C)).
waters of the united states
Sec. 431. (a) Authorization.--The Administrator of the
Environmental Protection Agency and the Secretary of the Army
may withdraw the Waters of the United States rule without
regard to any provision of statute or regulation that
establishes a requirement for such withdrawal.
(b) Effect of Withdrawal.--Except as otherwise provided by
any Act or rule that takes effect after the date of enactment
of this Act, if the Administrator of the Environmental
Protection Agency and the Secretary of the Army withdraw the
Waters of the United States rule under subsection (a), the
Administrator and Secretary shall implement the provisions of
law under which such rule was issued in accordance with the
regulations and guidance in effect under such provisions
immediately before the effective date of such rule.
(c) Definitions.--In this section the term ``Waters of the
United States rule'' means the final rule issued by the
Administrator of the Environmental Protection Agency and the
Secretary of the Army entitled ``Clean Water Rule: Definition
of `Waters of the United States' '' on June 29, 2015 (80 Fed.
Reg. 37053).
ozone
Sec. 432. To implement the national ambient air quality
standards for ozone published in the Federal Register on
October 26, 2015 (80 Fed. Reg. 65292):
(1) the Governor of each State shall designate areas of the
State as attainment, nonattainment, or unclassifiable with
respect to the standards not later than October 26, 2024;
(2) the Administrator of the Environmental Protection
Agency shall promulgate final designations for all areas in
all States with respect to the standards not later than
October 26, 2025;
(3) each State shall submit the plan required by section
110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)) for the
standards not later than October 26, 2026;
(4) the standards shall not apply to the review and
disposition of a preconstruction permit application required
under part C or D of title I of the Clean Air Act (42 U.S.C.
7470 et seq.) if the Administrator or the State, local or
tribal permitting authority, as applicable, has determined
the application to be complete prior to the date of
promulgation of final designations, or has published a public
notice of a preliminary determination or draft permit before
the date that is 60 days after the date of promulgation of
final designations; and
(5) the provisions of subsections (1) through (4) above
shall apply notwithstanding the deadlines set forth in
Section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and
Section 110(a)(1) of the Clean Air Act (42 U.S.C.
7410(a)(1)).
financial assurance
Sec. 433. None of the funds made available by this or any
other Act may be used to finalize, implement, administer, or
enforce the proposed rule entitled ``Financial Responsibility
Requirements Under CERCLA Sec. 108(b) for Classes of
Facilities in the Hardrock Mining Industry'' published by the
Environmental Protection Agency in the Federal Register on
January 11, 2017 (82 Fed. Reg. 3388 et seq.).
agricultural nutrients
Sec. 434. None of the funds made available by this Act may
be used by the Administrator of the Environmental Protection
Agency to issue any regulation under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) that applies to an animal
feeding operation, including a concentrated animal feeding
operation and a large concentrated animal feeding operation,
as such terms are defined in section 122.23 of title 40, Code
of Federal Regulations.
limitation on use of funds for national ocean policy
Sec. 435. None of the funds made available by this Act may
be used to further implementation of the coastal and marine
spatial planning and ecosystem-based management components of
the National Ocean Policy developed under Executive Order
13547.
hunting, fishing, and recreational shooting on federal land
Sec. 436. (a) Limitation on Use of Funds.--None of the
funds made available by this or any other Act for any fiscal
year may be used to prohibit the use of or access to Federal
land (as such term is defined in section 3 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6502)) for
hunting, fishing, or recreational shooting if such use or
access--
(1) was not prohibited on such Federal land as of January
1, 2013; and
(2) was conducted in compliance with the resource
management plan (as defined in section 101 of such Act (16
U.S.C. 6511)) applicable to such Federal land as of January
1, 2013.
(b) Temporary Closures Allowed.--Notwithstanding subsection
(a), the Secretary of the Interior or the Secretary of
Agriculture may temporarily close, for a period not to exceed
30 days, Federal land managed by the Secretary to hunting,
fishing, or recreational shooting if the Secretary determines
that the temporary closure is necessary to accommodate a
special event or for public safety reasons. The Secretary may
extend a temporary closure for one additional 90-day period
only if the Secretary determines the extension is necessary
because of extraordinary weather conditions or for public
safety reasons.
(c) Authority of States.--Nothing in this section shall be
construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or
regulations.
availability of vacant grazing allotments
Sec. 437. The Secretary of the Interior, with respect to
public lands administered by the Bureau of Land Management,
and the Secretary of Agriculture, with respect to the
National Forest System lands, shall make vacant grazing
allotments available to a holder of a grazing permit or lease
issued by either Secretary if the lands covered by the permit
or lease or other grazing
[[Page H6865]]
lands used by the holder of the permit or lease are unusable
because of drought or wildfire, as determined by the
Secretary concerned. The terms and conditions contained in a
permit or lease made available pursuant to this section shall
be the same as the terms and conditions of the most recent
permit or lease that was applicable to the vacant grazing
allotment made available. Section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) shall not
apply with respect to any Federal agency action under this
section.
wind turbine funding limitation
Sec. 438. None of the funds made available by this Act may
be used to conduct reviews of site assessment or construction
and operation plans for any project that would entail the
construction or location of wind turbines less than 24
nautical miles from the State of Maryland shoreline.
references to act
Sec. 439. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
reference to report
Sec. 440. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-238. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 441. $0.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2018''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for fiscal year ending September 30, 2018,
and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$21,703,000, of which not to exceed $4,850,000 shall be
available for the immediate Office of the Secretary; not to
exceed $501,000 shall be available for the Office of Tribal
Relations; not to exceed $800,000 shall be available for the
Assistant to the Secretary for Rural Development: Provided,
That funds made available by this Act to an agency in the
Rural Development mission area for salaries and expenses are
available to pay the salaries and expenses of up to one
administrative support staff for the Assistant; not to exceed
$1,448,000 shall be available for the Office of Homeland
Security and Emergency Coordination; not to exceed $1,171,000
shall be available for the Office of Advocacy and Outreach;
not to exceed $3,581,000 shall be available for the Office of
the Assistant Secretary for Administration, of which
$2,781,000 shall be available for Departmental Administration
to provide for necessary expenses for management support
services to offices of the Department and for general
administration, security, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided
for and necessary for the practical and efficient work of the
Department; not to exceed $3,091,000 shall be available for
the Office of Assistant Secretary for Congressional Relations
to carry out the programs funded by this Act, including
programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $6,261,000
shall be available for the Office of Communications:
Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 5
percent: Provided further, That not to exceed $11,000 of the
amount made available under this paragraph for the immediate
Office of the Secretary shall be available for official
reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That
the amount made available under this heading for Departmental
Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558:
Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for
Congressional Relations may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of
Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation
of these funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $16,777,000, of which $4,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $13,399,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,093,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $49,538,000, of which not less than
$33,000,000 is for cybersecurity requirements of the
Department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,836,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $800,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to pay
the salaries and expenses of up to one administrative support
staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$23,304,000.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $3,503,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $95,628,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) and section 1337 of the Agriculture and Food Act of
1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $42,970,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $3,945,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $800,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to pay the salaries and expenses
of up to one administrative support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$76,788,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $183,781,000, of which up to $63,350,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,132,625,000: Provided, That appropriations hereunder
shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations
hereunder shall be available pursuant to section 703 of the
Act of September 21, 1944 (7 U.S.C. 2250) for the
construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000,
except for headhouses or greenhouses which shall each be
limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided
[[Page H6866]]
further, That the limitations on alterations contained in
this Act shall not apply to modernization or replacement of
existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for
granting easements at the Beltsville Agricultural Research
Center: Provided further, That the foregoing limitations
shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided
further, That appropriations hereunder shall be available for
granting easements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by, and acceptable to, the
Agricultural Research Service and a condition of the
easements shall be that upon completion the facility shall be
accepted by the Secretary, subject to the availability of
funds herein, if the Secretary finds that acceptance of the
facility is in the interest of the United States: Provided
further, That funds may be received from any State, other
political subdivision, organization, or individual for the
purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as
authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $60,000,000 to
remain available until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $830,402,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the report accompanying this Act:
Provided, That funds for research grants for 1994
institutions, education grants for 1890 institutions, the
agriculture and food research initiative, veterinary medicine
loan repayment, multicultural scholars, graduate fellowship
and institution challenge grants, and grants management
systems shall remain available until expended: Provided
further, That each institution eligible to receive funds
under the Evans-Allen program receives no less than
$1,000,000: Provided further, That funds for education
grants for Alaska Native and Native Hawaiian-serving
institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii:
Provided further, That funds for education grants for 1890
institutions shall be made available to institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222: Provided
further, That not more than 5 percent of the amounts made
available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C.
450i(b) may be retained by the Secretary of Agriculture to
pay administrative costs incurred by the Secretary in
carrying out that Act.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $475,876,000, which shall be
for the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the report accompanying this Act:
Provided, That funds for facility improvements at 1890
institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7
U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act
(7 U.S.C. 343(b) and (c)) and section 209 of the District of
Columbia Public Postsecondary Education Reorganization Act
(38-1202.09, D.C. Official Code) shall be available for
retirement and employees' compensation costs for extension
agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$35,000,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the
report accompanying this Act: Provided, That funds for the
Food and Agriculture Defense Initiative shall remain
available until September 30, 2019: Provided further, That
notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Integrated research,
education, and extension competitive grants program under
section 406 of the Agricultural Research, Extension, and
Education Reform Act of 1998.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $800,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to pay the salaries and expenses
of up to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $906,400,000,
of which $450,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests
program for cost share purposes or for debt retirement for
active eradication zones; of which $35,250,000, to remain
available until expended, shall be for Animal Health
Technical Services; of which $700,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as
amended (15 U.S.C. 1831); of which $55,340,000, to remain
available until expended, shall be used to support avian
health; of which $4,200,000, to remain available until
expended, shall be for information technology infrastructure;
of which $160,000,000, to remain available until expended,
shall be for specialty crop pests; of which, $8,800,000, to
remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $14,500,000, to remain
available until expended, shall be for zoonotic disease
management; of which $36,500,000, to remain available until
expended, shall be for emergency preparedness and response;
of which $38,000,000, to remain available until expended,
shall be for tree and wood pests; of which $5,725,000, to
remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program
for indemnities; of which $2,500,000, to remain available
until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That of amounts
available under this heading for wildlife services methods
development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall
remain available until expended: Provided further, That no
funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not
require minimum matching by the States of at least 40
percent: Provided further, That this appropriation shall be
available for the operation and maintenance of aircraft and
the purchase of not to exceed five, of which two shall be for
replacement only: Provided further, That in addition, in
emergencies which threaten any segment of the agricultural
production industry of the United States, the Secretary may
transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may
be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious
disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the
Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C.
7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding
fiscal year shall be merged with such transferred amounts:
Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless
otherwise provided, the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2018, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $77,573,000: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to section
9701 of title 31, United States Code.
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.);
[[Page H6867]]
(2) transfers otherwise provided in this Act; and (3) not
more than $20,705,000 for formulation and administration of
marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,109,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $42,888,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $60,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $800,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to pay the
salaries and expenses of up to one administrative support
staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,038,069,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2018 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act (7 U.S.C. 1901 et seq.): Provided further, That the Food
Safety and Inspection Service shall continue implementation
of section 11016 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246) as further clarified by the
amendments made in section 12106 of the Agricultural Act of
2014 (Public Law 113-79): Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $875,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to pay the salaries and expenses
of up to one administrative support staff for the Office.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,166,317,000: Provided, That not more than 50 percent of
the $78,013,000 made available under this heading for
information technology related to farm program delivery,
including the Modernize and Innovate the Delivery of
Agricultural Systems and other farm program delivery systems,
may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from
such Committees of, a plan for expenditure that (1)
identifies for each project/investment over $25,000 (a) the
functional and performance capabilities to be delivered and
the mission benefits to be realized, (b) the estimated
lifecycle cost, including estimates for development as well
as maintenance and operations, and (c) key milestones to be
met; (2) demonstrates that each project/investment is (a)
consistent with the Farm Service Agency Information
Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and
(c) subject to the applicable Department's capital planning
and investment control requirements; and (3) has been
reviewed by the Government Accountability Office: Provided
further, That the agency shall submit a report by the end of
the fourth quarter of fiscal year 2018 to the Committees on
Appropriations and the Government Accountability Office, that
identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level
agreements or other technical metrics, (c) current
performance against a pre-established cost baseline, (d) a
detailed breakdown of current and planned spending on
operational enhancements or upgrades, and (e) an assessment
of whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided
further, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of
the Commodity Credit Corporation to make program payments for
all programs administered by the Agency: Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account:
Provided further, That funds made available to county
committees shall remain available until expended: Provided
further, That none of the funds available to the Farm Service
Agency shall be used to close Farm Service Agency county
offices: Provided further, That none of the funds available
to the Farm Service Agency shall be used to permanently
relocate county based employees that would result in an
office with two or fewer employees without prior notification
and approval of the Committees on Appropriations of both
Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,398,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $6,000,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided,
That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly
fractionated land loans (25 U.S.C. 488) to be available from
funds in the Agricultural Credit Insurance Fund, as follows:
$2,500,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans;
$1,593,423,000 for unsubsidized guaranteed operating loans
and $1,304,851,000 for direct operating loans; emergency
loans, $25,610,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
Indian highly fractionated land loans, $10,000,000; and for
boll weevil eradication program loans, $60,000,000:
Provided, That the Secretary shall deem the pink bollworm to
be a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows: farm
operating loans, $52,716,000 for direct operating loans,
$17,687,000 for unsubsidized guaranteed operating loans,
emergency loans, $1,260,000, to remain available until
expended; and $2,272,000 for Indian highly fractionated land
loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $305,291,000, of
which $297,386,000 shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$55,000,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination
[[Page H6868]]
of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100
pursuant to the Act of August 3, 1956 (7 U.S.C. 428a);
purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $858,911,000, to remain available
until September 30, 2019: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and
in accordance with the provisions of laws relating to the
activities of the Department, $40,000,000, to remain
available until expended: Provided, That of the amounts made
available under this heading, $20,000,000 shall be allocated
to projects and activities that can commence promptly
following enactment; that address regional priorities for
flood prevention, agricultural water management, inefficient
irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under
the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78-534) with a primary purpose
of watershed protection by preventing floodwater damage and
stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $10,000,000 is provided:
Provided, That of the amounts made available under this
heading, $5,000,000 shall remain available until expended for
watershed rehabilitation projects in states with high-hazard
dams and other watershed structures and that have recently
incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act
(42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $220,835,000: Provided, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
support Rural Development programs.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $900,000,000 shall be for direct
loans and $24,000,000,000 shall be for unsubsidized
guaranteed loans; $24,000,000 for section 504 housing repair
loans; $28,398,000 for section 515 rental housing;
$230,000,000 for section 538 guaranteed multi-family housing
loans; $10,000,000 for credit sales of single family housing
acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section
524 site development loans: Provided, That section
514(f)(3)(A) of the Housing Act of 1949 (42 U.S.C.
1484(f)(3)(A)) is amended by striking ``United States'' and
inserting ``United States,'' and by inserting before the
semicolon the following: ``, or a person legally admitted to
the United States and authorized to work in agriculture''.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $34,650,000 shall be for direct loans; section 504
housing repair loans, $2,959,000; section 523 self-help
housing land development loans, $368,000; section 524 site
development loans, $58,000; and repair, rehabilitation, and
new construction of section 515 rental housing, $7,472,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the
projected cost of such loan guarantees pursuant to the
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a
rural area for purposes of section 502 guaranteed loans
provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until
June 1, 2018: Provided further, That the Secretary shall
implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate
the acquisition of Rural Housing Service (RHS) multifamily
housing properties by such nonprofit organizations and public
housing authorities that commit to keep such properties in
the RHS multifamily housing program for a period of time as
determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on
Investment (ROI) on their own resources to include proceeds
from low income housing tax credit syndication, own
contributions, grants, and developer loans at favorable rates
and terms, invested in a deal; and allow reimbursement of
organizational costs associated with owner's oversight of
asset referred to as ``Asset Management Fee'' (AMF) of up to
$7,500 per property.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1486), $10,008,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged
with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $401,300,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, $1,345,293,000, of which $40,000,000 shall be available
until September 30, 2019; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry
out the rental assistance program under section 521(a)(2) of
the Act: Provided, That rental assistance agreements entered
into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That any
unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any
debt reduction; maintenance, repair, or rehabilitation of any
existing projects; preservation; and rental assistance
activities authorized under title V of the Act: Provided
further, That rental assistance provided under agreements
entered into prior to fiscal year 2018 for a farm labor
multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act:
Provided further, That except as provided in the third
proviso under this heading and notwithstanding any other
provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to
fiscal year 2018 for a project that the Secretary determines
no longer needs rental assistance and use such recaptured
funds for current needs.
[[Page H6869]]
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $35,000,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $20,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of
such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of
annual appropriations: Provided further, That the Secretary
shall, to the maximum extent practicable, administer such
vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development:
Provided further, That if the Secretary determines that the
amount made available for vouchers in this or any other Act
is not needed for vouchers, the Secretary may use such funds
for the demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the
funds made available under this heading, $15,000,000 shall be
available for a demonstration program for the preservation
and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for
the purpose of providing safe and affordable housing for low-
income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns
on investment) required by the Secretary: Provided further,
That the Secretary shall as part of the preservation and
revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional
funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration
program may be used for such vouchers: Provided further,
That if Congress enacts legislation to permanently authorize
a multi-family rental housing loan restructuring program
similar to the demonstration program described herein, the
Secretary may use funds made available for the demonstration
program under this heading to carry out such legislation with
the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That in addition
to any other available funds, the Secretary may expend not
more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for
activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $25,000,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $2,600,000,000 for direct loans and
$148,305,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, $4,849,000, to remain
available until expended.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$58,251,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $5,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.) and
the Appalachian Regional Commission (40 U.S.C. 14101 et seq.)
for any Rural Community Advancement Program purpose as
described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may
be used for administrative expenses: Provided further, That
$4,000,000 of the amount appropriated under this heading
shall be for business grants to benefit Federally Recognized
Native American Tribes, including $250,000 for a grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development: Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act
are not applicable to funds made available under this
heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $17,500,000.
For the cost of direct loans, $4,041,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $404,100 shall be available through June 30,
2018, for Federally Recognized Native American Tribes; and of
which $606,150 shall be available through June 30, 2018, for
Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,230,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $196,000,000 shall not be
obligated and $196,000,000 are rescinded.
The cost of grants authorized under section 313 of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not
exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $21,000,000, of which
$2,500,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $10,000,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a).
rural energy for america program
For the cost of a program of loan guarantees, under the
same terms and conditions as authorized by section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $291,000: Provided, That the cost of loan guarantees,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act, $472,700,000, to remain
available until expended, of which not to exceed $1,000,000
shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to
exceed $993,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided,
That $45,000,000 of the amount appropriated under this
heading shall be for loans and grants including water and
waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and
Rural Development Act, and Federally Recognized Native
American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be
provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant
to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $20,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of
such Act, unless the Secretary makes a determination of
extreme need, of which $6,500,000 shall be made available for
a grant to a qualified nonprofit multi-State regional
technical assistance organization, with experience in working
with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving
the planning, financing, development, operation, and
management of water
[[Page H6870]]
and waste water systems, and of which not less than $800,000
shall be for a qualified national Native American
organization to provide technical assistance for rural water
systems for tribal communities: Provided further, That not
to exceed $16,897,000 of the amount appropriated under this
heading shall be for contracting with qualified national
organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided
further, That not to exceed $4,000,000 shall be for solid
waste management grants: Provided further, That sections
381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be
made as follows: loans made pursuant to section 306 of that
Act, rural electric, $5,500,000,000; guaranteed underwriting
loans pursuant to section 313A, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural
telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be
used for the construction, acquisition, or improvement of
fossil-fueled electric generating plants (whether new or
existing) that utilize carbon sequestration systems.
For the cost of direct loans as authorized by section 305
of the Rural Electrification Act of 1936 (7 U.S.C. 935),
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, cost of money
rural telecommunications loans, $863,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $30,750,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
broadband program
For the principal amount of broadband telecommunication
loans, $26,991,000.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $4,521,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
Rural Economic Infrastructure Account
(including transfers of funds)
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474 and 1490m; for rural community
facilities, as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act; for grants for telemedicine distance
learning services in rural areas, as authorized by 7 U.S.C
950aaa et seq.; and for grants to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits, as authorized by 7 U.S.C.
950aaa; $122,692,000, to remain available until expended:
Provided, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading:
Provided further, That any balances available for the very
low-income housing repair and rural housing preservation
grants in the ``Rural Housing Assistance Grant'' account, the
rural community facilities grants in the ``Rural Community
Facilities Program Account'', and the telemedicine and
distance learning grants and broadband grants in the
``Distance Learning, Telemedicine and Broadband Program''
account shall be transferred to and merged with funds made
available under this heading: Provided further, That of the
amounts provided under this heading, not more than
$60,000,000 shall be made available through June 30, 2018,
for jurisdictions in the Appalachian region, as defined by 40
U.S.C. 14102(a)(1): Provided further, That eligible
activities under each of the Rural Housing Assistance Grants
program, Rural Community Facilities program, and Distance
Learning, Telemedicine and Broadband program accounts shall
receive not less than 15 percent of the amounts provided
under this heading.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $800,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition, and Consumer services mission area
for salaries and expenses are available to pay the salaries
and expenses of up to one administrative support staff for
the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $24,280,944,000 to
remain available through September 30, 2019, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$17,004,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$25,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of
greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program:
Provided further, That of the total amount available,
$23,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of
2010 (Public Law 111-80): Provided further, That section
26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking
``2010 through 2017'' and inserting ``2010 through 2018'':
Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``for fiscal year
2017'' and inserting ``for fiscal year 2018'': Provided
further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended
in the first sentence by striking ``for fiscal year 2017''
and inserting ``for fiscal year 2018''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,150,000,000, to remain available through September 30,
2019: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not
less than $60,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $13,600,000
shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available
for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements
specified in section 17 of such Act: Provided further, That
none of the funds provided shall be available for activities
that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a
federally mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $73,609,950,000, of
which $3,000,000,000, to remain available through December
31, 2019, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2019: Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2019:
Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That, subject to section 731 of
this Act, funds made available under this heading may be used
to enter into contracts and employ staff to conduct studies,
evaluations, or to conduct activities related to program
integrity provided that such activities are authorized by the
Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$317,139,000, to remain available through September 30, 2019:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2018 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2019: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 10 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $148,541,000: Provided, That of the
funds provided herein, $2,000,000 shall be used for the
purposes of section 4404 of Public Law 107-171, as amended by
section 4401 of Public Law 110-246.
[[Page H6871]]
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $875,000:
Provided, That funds made available by this Act to an agency
in the Trade and Foreign Agricultural Affairs mission area
for salaries and expenses are available to pay the salaries
and expenses of up to one administrative support staff for
the Office.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $195,268,000:
Provided, That the Service may utilize advances of funds, or
reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United
States Agency for International Development: Provided
further, That funds made available for middle-income country
training programs, funds made available for the Borlaug
International Agricultural Science and Technology Fellowship
program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting
fluctuations in international currency exchange rates,
subject to documentation by the Foreign Agricultural Service,
shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $149,000, shall be transferred
to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,400,000,000, to remain available until expended:
Provided, That the Administrator of the United States Agency
for International Development shall in each instance notify
in writing the Committees on Appropriations of both Houses of
Congress, the Committee on Agriculture of the House, and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate and make publicly available online the amount and use
of authority in section 202(a) of the Food for Peace Act (7
U.S.C. 1722(a)) to notwithstand the minimum level of
nonemergency assistance required by section 412(e)(2) of the
Food for Peace Act (7 U.S.C. 1736f(e)(2)) not later than 15
days after the date of such action.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $201,626,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein.
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $6,735,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $6,382,000 shall be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $353,000 shall
be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration that are funded by this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; in addition to amounts appropriated to the FDA
Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $5,145,945,000: Provided,
That of the amount provided under this heading, $937,434,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h, and shall be credited to this account and
remain available until expended; $193,291,000 shall be
derived from medical device user fees authorized by 21 U.S.C.
379j, and shall be credited to this account and remain
available until expended; $493,600,000 shall be derived from
human generic drug user fees authorized by 21 U.S.C. 379j-42,
and shall be credited to this account and remain available
until expended; $54,000,000 shall be derived from biosimilar
biological product user fees authorized by 21 U.S.C. 379j-52,
and shall be credited to this account and remain available
until expended; $24,142,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j-12, and shall be
credited to this account and remain available until expended;
$12,100,000 shall be derived from generic new animal drug
user fees authorized by 21 U.S.C. 379j-21, and shall be
credited to this account and remain available until expended;
$672,000,000 shall be derived from tobacco product user fees
authorized by 21 U.S.C. 387s, and shall be credited to this
account and remain available until expended: Provided
further, That in addition to and notwithstanding any other
provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2018 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2018, including
any such fees collected prior to fiscal year 2018 but
credited for fiscal year 2018, shall be subject to the fiscal
year 2018 limitations: Provided further, That the Secretary
may accept payment during fiscal year 2018 of user fees
specified under this heading and authorized for fiscal year
2019, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2019 for which the
Secretary accepts payment in fiscal year 2018 shall not be
included in amounts under this heading: Provided further,
That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount
appropriated: (1) $1,026,803,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$1,634,578,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of
Regulatory Affairs; (3) $374,233,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$195,349,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $487,836,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $63,331,000 shall be
for the National Center for Toxicological Research; (7)
$625,646,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) not to exceed $178,785,000 shall be for Rent and
Related activities, of which $51,973,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) not to exceed
$237,871,000 shall be for payments to the General Services
Administration for rent; and (10) $321,513,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Foods and Veterinary Medicine,
the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these
offices: Provided further, That not to exceed $25,000 of
this amount shall be for official reception and
representation expenses, not otherwise provided for, as
determined by the Commissioner of Food and Drugs: Provided
further, That any transfer of funds pursuant to section
770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379dd(n)) shall only be from amounts made available under
this heading for other activities: Provided further, That of
the amounts that are made available under this heading for
``other activities'', and that are not derived from user
fees, $1,500,000 shall be transferred to and merged with the
appropriation for ``Department of Health and Human Services--
Office of Inspector General'' for oversight of the programs
and operations of the Food and Drug Administration and shall
be in addition to funds otherwise made available for
oversight of the Food and Drug Administration: Provided
further, That of the total amount made available under this
heading, $1,500,000 shall be used by the Commissioner of Food
and Drugs, in coordination with the Secretary of Agriculture,
for consumer outreach and education regarding agricultural
biotechnology and biotechnology-derived food products and
animal feed, including through publication and distribution
of science-based educational information on the
environmental, nutritional, food safety, economic, and
humanitarian impacts of such biotechnology, food products,
and feed: Provided further, That funds may be transferred
from one specified activity to another with the prior
approval of the Committees on Appropriations of both Houses
of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
[[Page H6872]]
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
and medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, shall be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $8,771,000, to remain available
until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District
of Columbia and elsewhere, $248,000,000, including not to
exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which
not less than $49,000,000, to remain available until
September 30, 2019, shall be for the purchase of information
technology and of which not less than $2,700,000 shall be for
expenses of the Office of the Inspector General: Provided,
That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this
Act: Provided further, That for the purpose of recording and
liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso,
such amounts shall be transferred to and recorded in a new
no-year account in the Treasury, which may be established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations: Provided further, That
notwithstanding any other provision of law, the Chairman of
the Commodity Futures Trading Commission may adjust the
schedule of compensation and benefits for employees if the
Chairman determines that furloughs or reductions-in-force may
result from a collective bargaining agreement.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $68,600,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships: Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 71 passenger
motor vehicles of which 68 shall be for replacement only, and
for the hire of such vehicles: Provided, That
notwithstanding this section, the only purchase of new
passenger vehicles shall be for those determined by the
Secretary to be necessary for transportation safety, to
reduce operational costs, and for the protection of life,
property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 717 of this Act: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, or offices of the Chief Financial Officer
or any personnel from the National Finance Center prior to
written notification to and prior approval of the Committee
on Appropriations of both Houses of Congress and in
accordance with the requirements of section 717 of this Act:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
allocated for the National Finance Center, the Secretary may
reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement and implementation of a financial management
plan, information technology, and other systems of the
National Finance Center or to pay any unforeseen,
extraordinary cost of the National Finance Center: Provided
further, That none of the amounts reserved shall be available
for obligation unless the Secretary submits written
notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further,
That the limitations on the obligation of funds pending
notification to Congressional Committees shall not apply to
any obligation that, as determined by the Secretary, is
necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance
Center; or to evacuate employees of the National Finance
Center to a safe haven to continue operations of the National
Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That, notwithstanding section 11319 of title 40, United
States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by the Chief Information
Officer: Provided further, That the Chief Information
Officer may authorize an agency to obligate funds without
written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based
upon the performance of an agency measured against the
performance plan requirements described in the explanatory
statement accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 709. Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2019, for information technology
expenses: Provided, That except as otherwise specifically
provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the
Rural Development mission area shall remain available through
September 30, 2019, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79),
other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in
that Act, that is authorized or required to be carried out
using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
[[Page H6873]]
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. None of the funds in this Act shall be available
to pay indirect costs charged against any agricultural
research, education, or extension grant awards issued by the
National Institute of Food and Agriculture that exceed 30
percent of total Federal funds provided under each award:
Provided, That notwithstanding section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants
awarded competitively by the National Institute of Food and
Agriculture shall be available to pay full allowable indirect
costs for each grant awarded under section 9 of the Small
Business Act (15 U.S.C. 638).
Sec. 714. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the
following:
(1) The program authorized by section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)): Provided, That the funds appropriated by section
14(h)(1) of such Act are hereby permanently cancelled;
(2) The program authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107) in
excess of $1,000,000;
(3) The program authorized by section 9011 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8111);
(4) The program authorized by section 9003 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8103);
and
(5) The program authorized by section 524(b) of the Federal
Crop Insurance Act, as amended (7 U.S.C. 1524(b)): Provided,
That the funds made available by section 524(b) of such Act
for fiscal year 2018 are hereby permanently cancelled.
Sec. 715. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $878,255,000 (exclusive of
carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities--
$465,000,000; State Option Contracts--$5,000,000; Removal of
Defective Commodities--$2,500,000; Administration of Section
32 Commodity Purchases--$35,853,000: Provided, That of the
total funds made available in the matter preceding this
proviso that remain unobligated on October 1, 2018, such
unobligated balances shall carryover into the next fiscal
year and shall remain available until expended for any of the
three stated purposes of section 32, except that any such
carryover funds used in accordance with clause (3) of section
32 may not exceed $75,000,000 and may not be obligated until
the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided
further, That none of the funds made available in this Act or
any other Act shall be used for salaries and expenses to
carry out in this fiscal year sub-section (i)(1)(E) of
section 19 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769a), except in an amount that excludes the
transfer of $125,000,000 of the funds to be transferred under
subsection (c) of section 14222, until October 1, 2018:
Provided further, That $125,000,000 made available on October
1, 2018, to carry out such section 19 shall be excluded from
the limitation described in subsection (b)(2)(A)(x) of
section 14222: Provided further, That, with the exception of
any available carryover funds authorized in the first proviso
of this section to be used for the purposes of clause (3) of
section 32, none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries or expenses of any employee of the Department of
Agriculture or officer of the Commodity Credit Corporation to
carry out clause (3) of section 32, or for any surplus
removal activities or price support activities under section
5 of the Commodity Credit Corporation Charter Act (15 U.S.C.
714c): Provided further, That the available unobligated
balances under (b)(2)(A)(x) of section 14222 in excess of the
limitation set forth in this section, excluding amounts to be
transferred pursuant to the second proviso of this section,
are hereby permanently rescinded.
Sec. 716. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2018 appropriations Act.
Sec. 717. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of
Health and Human Services shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded
by this Act notify, in writing, the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the
Chairman of the Commodity Futures Trading Commission, or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 718. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or
otherwise make available reports, questions, or responses to
questions that are a result of information requested for the
appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services,
non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 720. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged
[[Page H6874]]
news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 721. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 722. (a) Unless the Secretary of Agriculture notifies
the Committees on Appropriations of both Houses of Congress
at least 3 full business days in advance, none of the funds
made available in this Act may be used to--
(1) make a grant allocation of discretionary grant award
totaling $1,000,000 or more;
(2) make a discretionary contract award totaling $1,000,000
or more;
(3) issue a letter of intent to make an allocation or award
in excess of the limits in subparagraph (1) or (2); or
(4) announce publicly the intention to make an allocation
or award in excess of the limits in subparagraph (1) or (2).
(b) The Secretary of Agriculture shall submit to the
Committees on Appropriations of both Houses of Congress
within 15 days of the conclusion of each quarter a report
detailing each grant allocation or discretionary grant award
totaling less than $1,000,000 provided during the previous
quarter.
(c) The notification required by paragraph (a) and the
report required by paragraph (b) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
Sec. 723. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, the
Chairman of the Commodity Futures Trading Commission, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the report accompanying
this Act.
Sec. 724. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator,
are in place to ensure that emergency food aid is received by
the intended beneficiaries in areas affected by food
shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 725. The Secretary shall establish an intermediary
loan packaging program based on the pilot program in effect
for fiscal year 2013 for packaging and reviewing section 502
single family direct loans. The Secretary shall enter into
agreements with current intermediary organizations and with
additional qualified intermediary organizations. The
Secretary shall work with these organizations to increase
effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make
available from the national reserve section 502 loans an
amount necessary to support the work of such intermediaries
and provide a priority for review of such loans.
Sec. 726. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 727. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of plant and capital equipment necessary for the
delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture.
Sec. 728. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China
for use in the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761),
or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 729. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought
or severe weather, the Secretary may provide potable water
through the Emergency Community Water Assistance Grant
Program for an additional period of time not to exceed 120
days beyond the established period provided under the Program
in order to protect public health.
Sec. 730. Funds provided by this or any prior
Appropriations Act for the Agriculture and Food Research
Initiative under 7 U.S.C. 450i(b) shall be made available
without regard to section 7128 of the Agricultural Act of
2014 (7 U.S.C. 3371 note), under the matching requirements in
laws in effect on the date before the date of enactment of
such section: Provided, That the requirements of 7 U.S.C.
450i(b)(9) shall continue to apply.
Sec. 731. None of the funds made available by this Act may
be used by the Secretary of Agriculture, acting through the
Food and Nutrition Service, to commence any new research and
evaluation projects until the Secretary submits to the
Committees on Appropriations of both Houses of Congress a
research and evaluation plan for fiscal year 2018, prepared
in coordination with the Research, Education, and Economics
mission area of the Department of Agriculture, and a period
of 30 days beginning on the date of the submission of the
plan expires to permit Congressional review of the plan.
Sec. 732. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 733. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or
take any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 734. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt
of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or
section 351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) in research in which a human embryo is
intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption
may not go into effect.
Sec. 735. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and
risk-based preventive control requirements of the current
good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
Sec. 736. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as
applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 737. None of the funds made available by this Act may
be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the
Animal Welfare Act (7 U.S.C. 2133), or the renewal of such
licenses, to class B dealers who sell dogs and cats for use
in research, experiments, teaching, or testing.
Sec. 738. No partially hydrogenated oils as defined in the
order published by the Food and Drug Administration in the
Federal Register on June 17, 2015 (80 Fed. Reg. 34650 et
seq.) shall be deemed unsafe within the meaning of section
409(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
348(a)) and no food that is introduced or delivered for
introduction into interstate commerce that bears or contains
a partially hydrogenated oil shall be deemed adulterated
under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act by
virtue of bearing or containing a partially hydrogenated oil
until the compliance date as specified in such order (June
18, 2018).
Sec. 739. The Secretary may charge a fee for lenders to
access Department loan guarantee systems in connection with
such lenders' participation in loan guarantee programs of the
Rural Housing Service: Provided, That the funds collected
from such fees shall be made available to the Secretary
without further appropriation and such funds shall be
deposited into the Rural Development Salaries and Expense
Account and shall remain available until expended for
obligation and expenditure by the Secretary for
administrative expenses of the Rural Housing Service Loan
Guarantee Program in addition to other available funds:
Provided further, That such fees collected shall not exceed
$50 per loan.
Sec. 740. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
[[Page H6875]]
Sec. 741. Of the unobligated balances from amounts made
available for the special supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $600,000,000 are rescinded.
Sec. 742. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water or wastewater system
unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary or the designee concerning the request, and shall
allow for informal public input on the request for at least
15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each federally
recognized Indian tribe.
Sec. 743. (a) For the period beginning on the date of
enactment of this Act through school year 2018-2019, with
respect to the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) or the school breakfast program established under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and
final regulations published by the Department of Agriculture
in the Federal Register on January 26, 2012 (77 Fed. Reg.
4088 et seq.), the Secretary of Agriculture shall allow
States to grant an exemption from the whole grain
requirements that took effect on or after July 1, 2014, and
the States shall establish a process for evaluating and
responding, in a reasonable amount of time, to requests for
an exemption: Provided, That school food authorities
demonstrate hardship, including financial hardship, in
procuring specific whole grain products which are acceptable
to the students and compliant with the whole grain-rich
requirements: Provided further, That school food authorities
shall comply with the applicable grain component or standard
with respect to the school lunch or school breakfast program
that was in effect prior to July 1, 2014.
(b) For the period beginning on the date of enactment of
this Act through school year 2018-2019, none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to implement any regulations under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the
Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296),
or any other law that would require a reduction in the
quantity of sodium contained in federally reimbursed meals,
foods, and snacks sold in schools below Target 1 (as
described in section 220.8(f)(3) of title 7, Code of Federal
Regulations (or successor regulations)).
(c) For the period beginning on the date of enactment of
this Act through school year 2018-2019, notwithstanding any
other provision of law, the Secretary shall allow States to
grant special exemptions for the service of flavored, low-fat
fluid milk in the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) and the school breakfast program established under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), and
as a competitive food available on campus during the school
day, to schools which demonstrate a reduction in student milk
consumption or an increase in school milk waste.
Sec. 744. Of the total amounts made available by this Act
for direct loans and grants in the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Economic Infrastructure Grants'';
``Rural Housing Service--Rural Community Facilities Program
Account''; ``Rural Business-Cooperative Service--Rural
Business Program Account''; ``Rural Business-Cooperative
Service--Rural Economic Development Loans Program Account'';
``Rural Business-Cooperative Service--Rural Cooperative
Development Grants''; ``Rural Utilities Service--Rural Water
and Waste Disposal Program Account''; and ``Rural Utilities
Service--Rural Electrification and Telecommunications Loans
Program Account'', at least 10 percent of the funds shall be
allocated for assistance in persistent poverty counties under
this section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1980,
1990, and 2000 decennial censuses, and 2007-2011 American
Community Survey 5-year average: Provided further, That with
respect to specific activities for which program levels have
been made available by this Act that are not supported by
budget authority, the requirements of this section shall be
applied to such program level.
Sec. 745. For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 746. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 747. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as defined in section 278.1(b)(1)(ii)(C)
of title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, to increase the number of items that qualify as
acceptable varieties in each staple food category so that the
total number of such items in each staple food category
exceeds the number of such items in each staple food category
included in the final rule as published on December 15, 2016:
Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers
that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-
79).
Sec. 748. None of the funds made available by this Act may
be used by the Food and Drug Administration to develop,
issue, promote, or advance any regulations applicable to food
manufacturers for population-wide sodium reduction actions or
to develop, issue, promote or advance final guidance
applicable to food manufacturers for long term population-
wide sodium reduction actions until the date on which a
dietary reference intake report with respect to sodium is
completed.
Sec. 749. The Secretary of Agriculture and the Secretary's
designees are hereby granted the same access to information
and subject to the same requirements applicable to the
Secretary of Housing and Urban Development as provided in
section 453 of the Social Security Act (42 U.S.C. 653) and
section 6103(1)(7)(D)(ix) of the Internal Revenue Code of
1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to verify the income for
individuals participating in sections 502, 504, 521, and 524
of the Housing Act of 1949 (42 U.S.C. 1972, 1474, 1490a, and
1490r), notwithstanding section 453(l)(1) of the Social
Security Act.
Sec. 750. Of the unobligated balances from amounts made
available to carry out section 6407 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107a), $8,000,000 are
rescinded.
Sec. 751. None of the funds made available to the
Commodity Futures Trading Commission by this Act or any other
Act in the current fiscal year or any other fiscal year may
be used to pay the salaries and expenses of personnel to
lower the de minimis quantity of swap dealing established
under section 1a(49)(D) of the Commodity Exchange Act (7
U.S.C. 1a(49)(D)) to less than $8,000,000,000.
Sec. 752. None of the funds made available by this Act or
any other Act in the current fiscal year or any other fiscal
year may be used to implement, administer, or enforce the
final rule with the regulation identifier number 0910-AG38
published by the Food and Drug Administration in the Federal
Register on May 10, 2016 (81 Fed. Reg. 28974) with respect to
traditional large and premium cigars. For the purposes of
this section, the term ``traditional large and premium
cigar'' means--
(1) any roll of tobacco that is wrapped in 100 percent leaf
tobacco, is bunched with 100 percent tobacco filler, contains
no filter, tip, or non-tobacco mouthpiece, weighs at least 6
pounds per 1,000 count, and--
(A) has a 100 percent leaf tobacco binder and is hand
rolled;
(B) has a 100 percent leaf tobacco binder and is made using
human hands to lay the leaf tobacco wrapper or binder onto
only one machine
[[Page H6876]]
that bunches, wraps, and caps each individual cigar; or
(C) has a homogenized tobacco leaf binder and is made in
the United States using human hands to lay the 100 percent
leaf tobacco wrapper onto only one machine that bunches,
wraps, and caps each individual cigar; and
(2) is not a cigarette or a little cigar (as such terms are
defined in paragraphs (3) and (11), respectively, of section
900 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
387)).
Sec. 753. (a) None of the funds appropriated or otherwise
made available by this Act or any other Act with respect to
any fiscal year may, for each tobacco product which the
Secretary of Health and Human Services by regulation under
section 901(b) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387a(b)) deems to be subject to chapter IX of such
Act, be used to treat--
(1) any reference in sections 905(j) or 910(a) of such Act
(21 U.S.C. 387e(j), 387j(a)) to February 15, 2007, as other
than a reference to the effective date of the regulation
under which the tobacco product is deemed to be subject to
the requirements of such chapter pursuant to section 901(b)
of such Act (21 U.S.C. 387a(b)); and
(2) any reference in such sections to 21 months after the
date of enactment of the Family Smoking Prevention and
Tobacco Control Act as other than a reference to 21 months
after the effective date of such deeming regulation.
(b)(1) Notwithstanding any other provision of law, not
later than 21 months after the date of enactment of this Act,
the Secretary of Health and Human Services shall issue a
notice of proposed rulemaking to establish a product standard
for vapor products pursuant to section 907 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387g) to include but
not limited to--
(A) characterizing flavors; and
(B) batteries.
(2) Notwithstanding any other provision of law, not later
than 36 months after the date of enactment of this Act, the
Secretary shall promulgate a final rule pursuant to such
notice.
(c) A vapor product shall be deemed to be misbranded under
section 903(a) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387c(a)) if the advertising with respect to the
vapor product is disseminated by a manufacturer, distributor,
or retailer of the product in a newspaper, magazine,
periodical, or other publication (including any publication
of periodic or limited distribution) other than an adult
publication.
(d)(1) A retailer may only sell any vapor product in a
direct face-to-face exchange without the assistance of any
electronic or mechanical device (such as a vending machine).
(2) This subsection shall not apply with respect to sales
of vapor products conducted through--
(A) mail-order; or
(B) a vending machine or self-service display if, with
respect to the facility in which such vending machine or
display is located, the retailer of such products ensures
that no person under 18 years of age is present or permitted
to enter.
(3) A violation of this section is deemed to constitute a
violation of the Federal Food, Drug, and Cosmetic Act
relating to a tobacco product for purposes of section
303(f)(9) of such Act (21 U.S.C. 333(f)(9)).
(e)(1) Not later than 12 months after the date of enactment
of this Act, the Secretary of Health and Human Services shall
promulgate final regulations to require that the labeling of
vapor products contain--
(A) the phrase ``Keep Out of Reach of Children'';
(B) the phrase ``Underage Sale Prohibited''; and
(C) an accurate statement of the nicotine content of the
vapor product.
(2) A vapor product whose label is in violation of the
regulations required by paragraph (1) is deemed to be
misbranded under section 903 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387c).
(f)(1) Every person who owns or operates an establishment
in any State engaged in the retail sale of a vapor product
shall register that establishment with the Secretary of
Health and Human Services within the later of 60 days after
the date of enactment of this Act, or 30 days after first
engaging in such retail sale.
(2) The requirements of this subsection do not apply with
respect to any establishment subject to an active
registration under--
(A) any State law relating to tobacco products; or
(B) section 905 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387e).
(3) The Secretary shall make available for inspection, to
any person so requesting, any registration filed under this
section.
(g) In this section:
(1) The term ``adult publication'' means any newspaper,
magazine, periodical, or other publication--
(A) whose readers younger than 18 years of age constitute
15 percent or less of the total readership as measured by
competent and reliable survey evidence; and
(B) that is read by fewer than 2 million persons younger
than 18 years of age as measured by competent and reliable
survey evidence.
(2) The terms ``label'' and ``labeling'' have the meanings
given to such terms in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(3) The term ``tobacco product'' has the meaning given to
such term in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(4) The term ``vapor product''--
(A) means any non-combustible product that employs a
heating element, power source, electronic circuit, or other
electronic, chemical, or mechanical means, regardless of
shape or size, to produce vapor from nicotine in a solution
or other form;
(B) includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or
device, and any vapor cartridge or other container of
nicotine in a solution or other form; and
(C) does not include any product regulated as a drug or
device by the Food and Drug Administration under chapter V of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et.
seq.).
Sec. 754. (a) No funds shall be used to finalize the
proposed rule entitled ``Eligibility of the People's Republic
of China (PRC) to Export to the United States Poultry
Products from Birds Slaughtered in the PRC'' published in the
Federal Register by the Department of Agriculture on June 16,
2017 (82 Fed. Reg. 27625), unless the Secretary of
Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the U.S.;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry
products comply with all other applicable requirements for
poultry products in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United
States processed poultry products;
(4) conduct re-inspection of such poultry products at
United States ports-of-entry to check the general condition
of such products, for the proper certification and labeling
of such products, and for any damage to such products that
may have occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
(b) This section shall be applied in a manner consistent
with obligations of the United States under any trade
agreement to which the United States is a party.
Sec. 755. None of the funds made available by this Act or
funds from the Commodity Credit Corporation may be used by
the Secretary of Agriculture or provided to the Department of
Defense to purchase, produce, or defray the costs of purchase
or production of, or develop, facilitate, expedite, or expand
production of, an alternative fuel (under the meaning given
such term by subparagraph (I) of section 32901(a)(1) of title
49, United States Code) for the Department of Defense.
Sec. 756. None of the funds made available by this Act may
be used to further implementation of the coastal and marine
spatial planning and ecosystem-based management components of
the National Ocean Policy developed under Executive Order
13547.
Sec. 757. For necessary expenses to carry out the
activities described in section 1002(b)(4) of the 21st
Century Cures Act (Public Law 114-255), in addition to
amounts available for such activities under the heading
``Salaries and Expenses'', $60,000,000, to remain available
until expended, is provided for Department of Health and
Human Services--Food and Drug Administration--FDA Innovation
Account: Provided, That amounts appropriated by this section
are appropriated pursuant to section 1002(b)(3) of such Act,
are to be derived from amounts transferred under section
1002(b)(2)(A) of such Act, and may be transferred by the
Secretary of Health and Human Services to other accounts of
the Department of Health and Human Services solely for the
activities described in section 1002(b)(4) such Act: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law.
Sec. 758. For an additional amount for ``Animal and Plant
Health Inspection Service--Salaries and Expenses'',
$5,500,000, to remain available until September 30, 2019, for
one-time control and management and associate activities
directly related to the multiple-agency response to citrus
greening.
Sec. 759. There is hereby appropriated $1,000,000, to
remain available until September 30, 2019, for the cost of
loans and grants consistent with section 243 of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6953), for necessary expenses of the Secretary to
support projects under the healthy food financing initiative
that provide access to healthy food in underserved areas, to
create and preserve quality jobs, and to revitalize low-
income communities.
Sec. 760. The provisions of sections 202 and 320 of H.R.
238, One Hundred Fifteenth Congress (the ``Commodity End-User
Relief Act''), as passed by the House of Representatives on
January 12, 2017, are hereby enacted into law, except that
the amendment made by such section 320 shall be added at the
end of paragraph (47) rather than (48).
references to act
Sec. 761. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
reference to report
Sec. 762. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-232. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 763. $0.
[[Page H6877]]
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2018''.
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2018, and for other purposes, namely:
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to sections 3702 and 3703 of title 44, United States Code;
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration between
two points abroad, without regard to section 40118 of title
49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space
abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not
to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie
lines, $480,000,000, to remain available until September 30,
2019, of which $13,000,000 is to be derived from fees to be
retained and used by the International Trade Administration,
notwithstanding section 3302 of title 31, United States Code:
Provided, That, of amounts provided under this heading, not
less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities:
Provided further, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign
countries; not to exceed $13,500 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22
U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law,
$112,500,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities: Provided
further, That payments and contributions collected and
accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of
such activities, and for providing information to the public
with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
section 27 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722), $140,000,000, to remain available
until expended, of which $17,000,000 shall be for grants
under such section 27.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$36,000,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722), and the Community
Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$34,000,000.
Bureau of Economic Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $96,000,000, to remain available until September
30, 2019.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling,
analyzing, preparing and publishing statistics, provided for
by law, $256,000,000: Provided, That, from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities: Provided further, That the Bureau of
the Census shall collect and analyze data for the Annual
Social and Economic Supplement to the Current Population
Survey using the same health insurance questions included in
previous years, in addition to the revised questions
implemented in the Current Population Survey beginning in
February 2014.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling,
analyzing, preparing and publishing statistics for periodic
censuses and programs provided for by law, $1,251,000,000, to
remain available until September 30, 2019: Provided, That,
from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $2,580,000
shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out
investigations and audits related to the Bureau of the
Census: Provided further, That not more than 50 percent of
the amounts made available under this heading for information
technology related to 2020 census delivery, including the
Census Enterprise Data Collection and Processing (CEDCaP)
program, may be obligated until the Secretary submits to the
Committees on Appropriations of the House of Representatives
and the Senate a plan for expenditure that: (1) identifies
for each CEDCaP project/investment over $25,000: (A) the
functional and performance capabilities to be delivered and
the mission benefits to be realized; (B) the estimated
lifecycle cost, including estimates for development as well
as maintenance and operations; and (C) key milestones to be
met; (2) details for each project/investment: (A) reasons for
any cost and schedule variances; and (B) top risks and
mitigation strategies; and (3) has been submitted to the
Government Accountability Office.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $30,000,000: Provided, That, notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge
Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees
shall be retained and used as offsetting collections for
costs of such spectrum services, to remain available until
expended: Provided further, That the Secretary of Commerce
is authorized to retain and use as offsetting collections all
funds transferred, or previously transferred, from other
Government agencies for all costs incurred in
telecommunications research, engineering, and related
activities by the Institute for Telecommunication Sciences of
NTIA, in furtherance of its assigned functions under this
paragraph, and such funds received from other Government
agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until
their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO,
$3,500,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law
are received during fiscal year 2018, so as to result in a
fiscal year 2018 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year
2018, should the total amount of such offsetting collections
be less than $3,500,000,000 this amount shall be reduced
accordingly: Provided further, That any amount received in
excess of $3,500,000,000 in fiscal year 2018 and deposited in
the Patent and Trademark Fee Reserve Fund shall remain
available until expended: Provided further, That the
Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That any amounts reprogrammed
[[Page H6878]]
in accordance with the preceding proviso shall be transferred
to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That from amounts
provided herein, not to exceed $900 shall be made available
in fiscal year 2018 for official reception and representation
expenses: Provided further, That in fiscal year 2018 from
the amounts made available for ``Salaries and Expenses'' for
the USPTO, the amounts necessary to pay (1) the difference
between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise
unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees
who are enrolled in Federal Employees Health Benefits (FEHB)
and Federal Employees Group Life Insurance (FEGLI), shall be
transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and
shall be available for the authorized purposes of those
accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's
specific use shall be recognized as an imputed cost on
USPTO's financial statements, where applicable: Provided
further, That, notwithstanding any other provision of law,
all fees and surcharges assessed and collected by USPTO are
available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29):
Provided further, That within the amounts appropriated,
$2,000,000 shall be transferred to the ``Office of Inspector
General'' account for activities associated with carrying out
investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of
Standards and Technology (NIST), $660,000,000, to remain
available until expended, of which not to exceed $9,000,000
may be transferred to the ``Working Capital Fund'':
Provided, That not to exceed $5,000 shall be for official
reception and representation expenses: Provided further,
That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$105,000,000, to remain available until expended, of which
$100,000,000 shall be for the Hollings Manufacturing
Extension Partnership, and of which $5,000,000 shall be for
the National Network for Manufacturing Innovation.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National
Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $100,000,000, to remain available until expended:
Provided, That the Secretary of Commerce shall include in the
budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each
National Institute of Standards and Technology construction
project having a total multi-year program cost of more than
$5,000,000, and simultaneously the budget justification
materials shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $3,240,199,000, to remain available until
September 30, 2019, except that funds provided for
cooperative enforcement shall remain available until
September 30, 2020: Provided, That fees and donations
received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That in addition, $144,000,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program, Cooperative
Research, Annual Stock Assessments, Survey and Monitoring
Projects, Interjurisdictional Fisheries Grants, and Fish
Information Networks: Provided further, That of the
$3,411,699,000 provided for in direct obligations under this
heading, $3,240,199,000 is appropriated from the general
fund, $144,000,000 is provided by transfer and $27,500,000 is
derived from recoveries of prior year obligations: Provided
further, That any deviation from the amounts designated for
specific activities in the report accompanying this Act, or
any use of deobligated balances of funds provided under this
heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That
in addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents' Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,643,110,000, to remain available until September 30, 2020,
except that funds provided for acquisition and construction
of vessels and construction of facilities shall remain
available until expended: Provided, That of the
$1,656,110,000 provided for in direct obligations under this
heading, $1,643,110,000 is appropriated from the general fund
and $13,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the report
accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this
Act: Provided further, That the Secretary of Commerce shall
include in budget justification materials that the Secretary
submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) an estimate
for each National Oceanic and Atmospheric Administration
procurement, acquisition or construction project having a
total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years: Provided further, That, within the
amounts appropriated, $1,302,000 shall be transferred to the
``Office of Inspector General'' account for activities
associated with carrying out investigations and audits
related to satellite procurement, acquisition and
construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2019: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants
to the States of Washington, Oregon, Idaho, Nevada,
California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or
endangered, or that are identified by a State as at-risk to
be so listed, for maintaining populations necessary for
exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and
other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed
to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of
the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $350,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fisheries disaster assistance
For the necessary expenses associated with the mitigation
of fishery disasters, $20,000,000 to remain available until
expended: Provided, That funds shall be used for mitigating
the effects of commercial fishery failures and fishery
resource disasters as declared by the Secretary of Commerce
in 2017.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2018, obligations of direct loans
may not exceed $24,000,000 for Individual Fishing Quota loans
and not to exceed $100,000,000 for traditional direct loans
as authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed
$4,500 for official reception and representation,
$58,000,000.
renovation and modernization
(including transfer of funds)
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,000,000, to remain
available until expended: Provided, That the Secretary of
Commerce may transfer up to $8,224,000 to this account from
funds available to the Department of Commerce: Provided
further, That the transfer authority provided in the first
proviso is in addition to any other transfer authority
contained in this Act: Provided further, That any transfer
pursuant to the authority provided under this heading shall
be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
[[Page H6879]]
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $32,744,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by
section 105 of title I of division B of Public Law 113-6, are
hereby adopted by reference and made applicable with respect
to fiscal year 2018: Provided, That the life cycle cost for
the Joint Polar Satellite System is $11,322,125,000 and the
life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to
utilities, telecommunications, and security services)
necessary to support the operation, maintenance, and
improvement of space that persons, firms, or organizations
are authorized, pursuant to the Public Buildings Cooperative
Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of
which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is
authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such
services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or
possession, or of any political subdivision thereof, or of
any foreign government or international organization, for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic
copy of such report or document may be accessed and
downloaded for free online. Should a customer still require
the Service to provide a printed or digital copy of the
report or document, the charge shall be limited to recovering
the Service's cost of processing, reproducing, and delivering
such report or document.
Sec. 109. To carry out the responsibilities of the
National Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-
reimbursable basis land, services, equipment, personnel, and
facilities provided by; and (3) receive and expend funds made
available on a consensual basis from: a Federal agency, State
or subdivision thereof, local government, tribal government,
territory, or possession or any subdivisions thereof:
Provided, That funds received for permitting and related
regulatory activities pursuant to this section shall be
deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and
Facilities'' and shall remain available until September 30,
2020, for such purposes: Provided further, That all funds
within this section and their corresponding uses are subject
to section 505 of this Act.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2018''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $89,000,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $30,941,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$35,400,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer
authority in the preceding proviso is in addition to any
other transfer authority contained in this Act: Provided
further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of
immigration-related activities of the Executive Office for
Immigration Review, $504,500,000, of which $4,000,000 shall
be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account: Provided, That not to exceed
$35,000,000 of the total amount made available under this
heading shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$95,583,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $13,000,000: Provided, That,
notwithstanding any other provision of law, upon the
expiration of a term of office of a Commissioner, the
Commissioner may continue to act until a successor has been
appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of
Columbia, $897,500,000, of which not to exceed $20,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the amount provided for INTERPOL
Washington dues payments, not to exceed $685,000 shall remain
available until expended: Provided further, That of the
total amount appropriated, not to exceed $9,000 shall be
available to INTERPOL Washington for official reception and
representation expenses: Provided further, That of the
amount appropriated, such sums as may be necessary shall be
available to the Civil Rights Division for salaries and
expenses associated with the election monitoring program
under section 8 of the Voting Rights Act of 1965 (52 U.S.C.
10305) and to reimburse the Office of Personnel Management
for such salaries and expenses: Provided further, That of
the amounts provided under this heading for the election
monitoring program, $3,390,000 shall remain available until
expended.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $10,000,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $163,980,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $126,000,000 in fiscal year 2018), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2018, so as to result in a
final fiscal year 2018 appropriation from the general fund
estimated at $37,980,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,057,252,000: Provided, That of the total
amount appropriated, not to exceed $7,200 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain
available until expended: Provided further, That each United
States Attorney shall establish or participate in a task
force on human trafficking.
[[Page H6880]]
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $225,000,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, deposits to the United States Trustee
System Fund and amounts herein appropriated shall be
available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any
other provision of law, fees collected pursuant to section
589a(b) of title 28, United States Code, shall be retained
and used for necessary expenses in this appropriation and
shall remain available until expended: Provided further,
That to the extent that fees collected in fiscal year 2018,
net of amounts necessary to pay refunds due depositors,
exceed $225,000,000, those excess amounts shall be available
in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum
herein appropriated from the general fund shall be reduced
(1) as such fees are received during fiscal year 2018, net of
amounts necessary to pay refunds due depositors, (estimated
at $135,000,000) and (2) to the extent that any remaining
general fund appropriations can be derived from amounts
deposited in the Fund in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal
year 2018 appropriation from the general fund estimated at
$90,000,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,374,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $16,000,000
is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness
security caravans; and not to exceed $13,000,000 is for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses: Provided, That amounts
made available under this heading may not be transferred
pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$15,000,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code,
$20,514,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,255,000,000, of which not to exceed $6,000 shall
be available for official reception and representation
expenses, and not to exceed $15,000,000 shall remain
available until expended.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $10,000,000, to remain available until
expended.
federal prisoner detention
(including transfer of funds)
For necessary expenses related to United States prisoners
in the custody of the United States Marshals Service as
authorized by section 4013 of title 18, United States Code,
$1,536,000,000, to remain available until expended:
Provided, That not to exceed $20,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States
Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System: Provided
further, That any unobligated balances available from funds
appropriated under the heading ``General Administration,
Detention Trustee'' shall be transferred to and merged with
the appropriation under this heading.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the
National Security Division, $100,000,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking organizations,
transnational organized crime, and money laundering
organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and
drug trafficking, $526,000,000, of which $50,000,000 shall
remain available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $8,814,747,000, of which
not to exceed $216,900,000 shall remain available until
expended: Provided, That not to exceed $184,500 shall be
available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings, facilities and
sites by purchase, or as otherwise authorized by law;
conversion, modification and extension of federally owned
buildings; preliminary planning and design of projects; and
operation and maintenance of secure work environment
facilities and secure networking capabilities; $51,895,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to section 530C of title 28, United States Code; and expenses
for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs, $2,164,051,000, of
which not to exceed $75,000,000 shall remain available until
expended and not to exceed $90,000 shall be available for
official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and
for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,293,776,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $20,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States
Code: Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations
for relief from Federal firearms disabilities under section
925(c) of title 18, United States Code: Provided further,
That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of
the Bureau of Alcohol, Tobacco, Firearms and Explosives to
other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, and for the provision of
technical assistance and advice on corrections related issues
to foreign governments, $7,070,248,000: Provided, That the
Attorney General may transfer to the Department of Health and
Human Services such amounts as may be necessary for direct
expenditures by that Department for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the Federal Prison System, furnish health services to
individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400
[[Page H6881]]
shall be available for official reception and representation
expenses: Provided further, That not to exceed $50,000,000
shall remain available for necessary operations until
September 30, 2019: Provided further, That, of the amounts
provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements,
and other expenses: Provided further, That the Director of
the Federal Prison System may accept donated property and
services relating to the operation of the prison card program
from a not-for-profit entity which has operated such program
in the past, notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-
release services, halfway houses, or other custodial
facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $95,000,000, to remain available until expended:
Provided, That labor of United States prisoners may be used
for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims
of Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) (``the 2000 Act''); the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public
Law 109-162) (``the 2005 Act''); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and the Rape Survivor Child Custody Act of 2015
(Public Law 114-22) (``the 2015 Act''); and for related
victims services, $527,000,000, to remain available until
expended: Provided, That except as otherwise provided by law,
not to exceed 5 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That of
the amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $30,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $3,500,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office
of Justice Programs;
(4) $11,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013
Act, shall be available for this program: Provided further,
That 10 percent of the total amount available for this grant
program shall be available for grants under the program
authorized by section 2015 of the 1968 Act: Provided further,
That the definitions and grant conditions in section 40002 of
the 1994 Act shall apply to this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $35,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000
Act: Provided, That unobligated balances available for the
programs authorized by section 1301 of the 2000 Act and
section 41002 of the 1994 Act, prior to their amendment by
the 2013 Act, shall be available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be transferred
to ``Research, Evaluation and Statistics'' for administration
by the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to
sexual assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments;
(17) $45,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public
Law 106-386, for programs authorized under Public Law 109-
164, or programs authorized under Public Law 113-4; and
(18) $1,500,000 for the purposes authorized under the 2015
Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); subtitle D
of title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); and other programs, $83,000,000,
to remain available until expended, of which--
(1) $44,500,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act; and
(2) $38,500,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Public Safety Officer Medal
of Valor Act of 2001 (Public Law 107-12); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources
and Organization for Intellectual Property Act of 2008
(Public Law 110-403); the Victims of Crime Act of 1984
(Public Law 98-473); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198) (``CARA''); and other programs,
$1,143,500,000, to remain available until expended as
follows--
(1) $500,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1, $10,000,000
is for the Officer Robert Wilson III Memorial Initiative on
Preventing Violence Against Law Enforcement Officer
Resilience and Survivability (VALOR), $4,000,000 is for use
by the National Institute of Justice for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention,
$2,000,000 is for a program to improve juvenile indigent
defense, $2,400,000 is for the operationalization,
maintenance and expansion of the National Missing and
Unidentified Persons System, $10,000,000 is for competitive
and
[[Page H6882]]
evidence-based programs to reduce gun crime and gang
violence, $2,500,000 is for the Capital Litigation
Improvement Grant Program, as authorized by section 426 of
Public Law 108-405 and for grants for wrongful conviction
review, $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government,
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79), and $10,000,000
is for white collar crime prevention grants, including as
authorized by section 401 of Public Law 110-403;
(2) $220,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(4) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act;
(5) $1,000,000 for the National Sex Offender Public
Website;
(6) $73,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System;
(7) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $4,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(8) $9,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(9) $118,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid abuse
reduction consistent with underlying program authorities--
(A) $43,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $12,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act;
(C) $12,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(D) $7,000,000 for a veterans treatment courts program; and
(E) $14,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(10) $10,000,000 for emergency law enforcement assistance
for events occurring during or after fiscal year 2018, as
authorized by section 609M of the Justice Assistance Act of
1984 (42 U.S.C. 10501; Public Law 98-473); and
(11) $45,000,000 for the Comprehensive School Safety
Initiative:
Provided, That, if a unit of local government uses any of
the funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance, the following amounts are made available until
expended--
(1) $75,000,000 for youth mentoring grants;
(2) $21,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(3) $72,500,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the Juvenile Justice and Delinquency Prevention Act
of 1974 (except that section 102(b)(4)(B) of the PROTECT Our
Children Act of 2008 (Public Law 110-401) shall not apply for
purposes of this Act); and
(4) $2,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the Victims of Child Abuse Act of 1990.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs), to remain available until
expended; and $16,300,000 for payments authorized by section
1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for such
disability and education payments, the Attorney General may
transfer such amounts to ``Public Safety Officer Benefits''
from available appropriations for the Department of Justice
as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the preceding
proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance, the following amounts are made available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in
accordance with section 505 of this Act--
(1) $11,000,000 for anti-methamphetamine-related
activities, which shall be transferred to the Drug
Enforcement Administration upon enactment of this Act;
(2) $10,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $65,000,000 for initiatives to improve police-community
relations, as described in the report accompanying this Act;
(4) $68,000,000 for offender reentry programs and research,
as authorized by the Second Chance Act of 2007 (Public Law
110-199), without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed $5,000,000
is for Children of Incarcerated Parents Demonstrations to
enhance and maintain parental and family relationships for
incarcerated parents as a reentry or recidivism reduction
strategy, and $2,000,000 shall be for competitive grants
focusing on girls in the juvenile justice system;
(5) $45,000,000 for a grant program for community-based
sexual assault response reform; and
(6) $35,000,000 is for regional information sharing
activities, as authorized by part M of title I of the Omnibus
Crime Control and Safe Streets Act of 1968.
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape or incest: Provided,
That should this prohibition be declared unconstitutional by
a court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. None of the funds made available under this
title may be used by the Federal Bureau of Prisons or the
United States Marshals Service for the purpose of
transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 207. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media
or equipment for inmate training, religious, or educational
programs.
Sec. 208. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information
technology program has appropriate program management
controls and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and in the report accompanying this Act, and to any use
of deobligated balances of funds provided under this title in
previous years.
Sec. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
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administrative regulation, directive, or policy for work
performed by employees of Federal Prison Industries,
Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of section 545 of title 28, United
States Code.
Sec. 212. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this title under the headings
``Research, Evaluation and Statistics'', ``State and Local
Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical
assistance; and
(2) up to 3 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation, or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs.
Sec. 213. In addition to any amounts that otherwise may be
available (or authorized to be made available) by law, 7
percent of funds made available for grant or reimbursement
programs--
(1) under the heading ``State and Local Law Enforcement
Assistance'' (except for funds made available under paragraph
(2) under such heading); and
(2) under the headings ``Juvenile Justice Programs''
(except for funds made available under paragraph (3) under
such heading) and ``Community Oriented Policing Services
Programs'', to be transferred to and merged with funds made
available under the heading ``State and Local Law Enforcement
Assistance'',
shall be available for assistance to Indian tribes without
regard to the authorizations for such grant or reimbursement
programs.
Sec. 214. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709(a)) shall not apply to amounts made available by this
or any other Act.
Sec. 215. None of the funds made available under this or
any other Act, for fiscal year 2018 and each fiscal year
thereafter, other than for the national instant criminal
background check system established under section 103 of the
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note),
may be used by a Federal law enforcement officer to
facilitate the transfer of an operable firearm to an
individual if the Federal law enforcement officer knows or
suspects that the individual is an agent of a drug cartel,
unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2018, except up
to $40,000,000 may be obligated for implementation of a
unified Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of
Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation in fiscal year 2018, and any use,
obligation, transfer or allocation of such funds shall be
treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2018, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming
of funds under section 505 of this Act.
This title may be cited as the ``Department of Justice
Appropriations Act, 2018''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$5,544,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$5,858,500,000, to remain available until September 30, 2019:
Provided, That the formulation and development costs (with
development cost as defined under section 30104 of title 51,
United States Code) for the James Webb Space Telescope shall
not exceed $8,000,000,000: Provided further, That should the
individual identified under subsection (c)(2)(E) of section
30104 of title 51, United States Code, as responsible for the
James Webb Space Telescope determine that the development
cost of the program is likely to exceed that limitation, the
individual shall immediately notify the Administrator and the
increase shall be treated as if it meets the 30 percent
threshold described in subsection (f) of section 30104:
Provided further, That, of the amounts provided, $495,000,000
is for an orbiter and a lander to meet the science goals for
the Jupiter Europa mission as outlined in the most recent
planetary science decadal survey: Provided further, That the
National Aeronautics and Space Administration shall use the
Space Launch System as the launch vehicles for the Jupiter
Europa mission, plan for an orbiter launch no later than 2022
and a lander launch no later than 2024, and include in the
fiscal year 2019 budget the 5-year funding profile necessary
to achieve these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$660,000,000, to remain available until September 30, 2019.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $686,500,000, to remain available until September
30, 2019.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$4,550,000,000, to remain available until September 30, 2019:
Provided, That not less than $1,350,000,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,150,000,000 shall be for the Space Launch System
(SLS) launch vehicle, which shall have a lift capability not
less than 130 metric tons and which shall have core elements
and an Exploration Upper Stage developed simultaneously:
Provided further, That of the amounts provided for SLS, not
less than $300,000,000 shall be for Exploration Upper Stage
development: Provided further, That $600,000,000 shall be
for exploration ground systems: Provided further, That the
National Aeronautics and Space Administration (NASA) shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate, concurrent with the annual
budget submission, a 5-year budget profile for an integrated
budget that includes the Space Launch System, the Orion
Multi-Purpose Crew Vehicle, and associated ground systems,
that will meet the Exploration Mission 2 (EM-2) management
agreement launch date of no later than 2021 at a success
level equal to the Agency Baseline Commitment for EM-2 of the
Orion Multi-Purpose Crew Vehicle: Provided further, That
$450,000,000 shall be for exploration research and
development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$4,676,634,000, to remain available until September 30, 2019.
education
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and
[[Page H6884]]
development activities, including research, development,
operations, support, and services; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $90,000,000, to remain available until September
30, 2019, of which $18,000,000 shall be for the Experimental
Program to Stimulate Competitive Research and $40,000,000
shall be for the National Space Grant College and Fellowship
Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space
technology, exploration, space operations and education
research and development activities, including research,
development, operations, support, and services; maintenance
and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$63,000 for official reception and representation expenses;
and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $2,826,200,000, to
remain available until September 30, 2019.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration, $486,100,000, to remain available
until September 30, 2023: Provided, That proceeds from
leases deposited into this account shall be available for a
period of 5 years to the extent and in amounts as provided in
annual appropriations Acts: Provided further, That such
proceeds referred to in the preceding proviso shall be
available for obligation for fiscal year 2018 in an amount
not to exceed $9,470,300: Provided further, That each annual
budget request shall include an annual estimate of gross
receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United
States Code.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$37,900,000, of which $500,000 shall remain available until
September 30, 2019.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers, except that
``Construction and Environmental Compliance and Restoration''
may be increased up to 20 percent by such transfers. Balances
so transferred shall be merged with and available for the
same purposes and the same time period as the appropriations
to which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that
section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public
Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized
by section 3109 of title 5, United States Code; maintenance
and operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $6,033,645,000, to remain available until September
30, 2019, of which not to exceed $544,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and
other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $77,800,000, to remain
available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as
authorized by section 3109 of title 5, United States Code,
authorized travel, and rental of conference rooms in the
District of Columbia, $880,000,000, to remain available until
September 30, 2019.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor
vehicles; uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; rental
of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for
security guard services; $328,510,000: Provided, That not to
exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered
into under this heading in fiscal year 2018 for maintenance
and operation of facilities and for other services to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978,
$15,200,000, of which $400,000 shall remain available until
September 30, 2019.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science
Foundation in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 15 percent by any such transfers. Any transfer
pursuant to this paragraph shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The Director of the National Science Foundation shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the
National Science Foundation.
This title may be cited as the ``Science Appropriations
Act, 2018''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,183,000:
Provided, That none of the funds appropriated in this
paragraph may be used to employ any individuals under
Schedule C of subpart C of part 213 of title 5 of the Code of
Federal Regulations exclusive of one special assistant for
each Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days: Provided further, That none of the funds appropriated
in this paragraph shall be used for any activity or expense
that is not explicitly authorized by section 3 of the Civil
Rights Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, section 501 of the Rehabilitation Act of 1973,
the Civil Rights Act of 1991, the Genetic Information
Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the
Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by section 3109 of title 5,
United States Code; hire of passenger motor vehicles as
authorized by section 1343(b) of title 31, United States
Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement
agencies for authorized services to the Commission,
$363,807,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Chair is authorized to accept and use any
gift or donation to carry out the work of the Commission.
[[Page H6885]]
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by section 3109 of title 5, United
States Code, and not to exceed $2,250 for official reception
and representation expenses, $92,500,000, to remain available
until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$300,000,000, of which $267,000,000 is for basic field
programs and required independent audits; $5,000,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $19,000,000 is for management and grants
oversight; $4,000,000 is for client self-help and information
technology; $4,000,000 is for a Pro Bono Innovation Fund; and
$1,000,000 is for loan repayment assistance: Provided, That
the Legal Services Corporation may continue to provide
locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5,
United States Code, notwithstanding section 1005(d) of the
Legal Services Corporation Act (42 U.S.C. 2996(d)): Provided
further, That the authorities provided in section 205 of this
Act shall be applicable to the Legal Services Corporation:
Provided further, That, for the purposes of section 505 of
this Act, the Legal Services Corporation shall be considered
an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2017 and 2018, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $3,431,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$53,000,000, of which $1,000,000 shall remain available until
expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including
transfers, $15,000,000, to be derived from the Trade
Enforcement Trust Fund: Provided, That any transfer pursuant
to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $5,111,000, of which $500,000 shall
remain available until September 30, 2019: Provided, That
not to exceed $2,250 shall be available for official
reception and representation expenses: Provided further,
That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United
States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfers of funds)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2018, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program,
project or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees;
(5) reorganizes or renames offices, programs or activities;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of
$500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing
programs, projects or activities as approved by Congress;
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made
available by this Act shall be used to purchase items that
are manufactured, produced, or assembled in the United
States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a quarterly report on the status of balances of
appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the
quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which
the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately
identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection
of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 510. None of the funds made available in this Act may
be used to pay the salaries and expenses of personnel of the
Department of Justice to obligate more than $4,632,000,000
during fiscal year 2018 from the fund established by section
1402 of Public Law 98-473 (42 U.S.C. 10601): Provided, That
notwithstanding such section 1402(d), of the amounts
available from the Fund for obligation, 5 percent shall be
available for grants to Indian tribal governments to improve
services and justice for victims of crime.
Sec. 511. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 513. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
[[Page H6886]]
Sec. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire
a high-impact or moderate-impact information system, as
defined for security categorization in the National Institute
of Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 516. (a) Notwithstanding any other provision of law or
treaty, in fiscal year 2018 and each fiscal year thereafter,
none of the funds appropriated or otherwise made available
under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United
States to pay administrative expenses or to compensate an
officer or employee of the United States in connection with
requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 517. Notwithstanding any other provision of law, in
fiscal year 2018 and each fiscal year thereafter, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 518. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 519. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair
Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by
these Acts.
Sec. 520. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent or more, the program manager shall immediately inform
the respective Secretary, Administrator, or Director. The
Secretary, Administrator, or Director shall notify the House
and Senate Committees on Appropriations within 30 days in
writing of such increase, and shall include in such notice:
the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed
to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and
the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new
estimates of the total project or procurement costs; and a
statement validating that the project's management structure
is adequate to control total project or procurement costs.
Sec. 521. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2018 until the enactment of the
Intelligence Authorization Act for fiscal year 2018.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescissions)
Sec. 523. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the
following funds are hereby rescinded, not later than
September 30, 2018, from the following accounts in the
specified amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $47,000,000; and
(2) ``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'', $20,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not
later than September 30, 2018, from the following accounts in
the specified amounts--
(1) ``Working Capital Fund'', $409,834,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $195,000,000 from fees collected to defray
expenses for the automation of fingerprint identification and
criminal justice information services and associated costs;
(3) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $17,500,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $60,000,000;
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $17,500,000;
(6) ``Legal Activities, Assets Forfeiture Fund'',
$304,000,000 is permanently rescinded; and
(7) ``Federal Bureau of Investigation, Salaries and
Expenses'', $53,365,000.
(c) The Departments of Commerce and Justice shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report no later than
September 1, 2018, specifying the amount of each rescission
made pursuant to subsections (a) and (b), and the Department
of Justice shall ensure that sufficient balances are
available in the ``Working Capital Fund'' to rescind the
amount specified in subsection (b) and shall transfer
unobligated balances from discretionary appropriations
(except from ``Federal Bureau of Investigation, Salaries and
Expenses'', ``Fees and Expenses of Witnesses'', ``Public
Safety Officer Benefits'', and amounts that were designated
by the Congress
[[Page H6887]]
as an emergency or disaster relief requirement pursuant to a
concurrent resolution on the budget or section 251(b)(2) of
the Balanced Budget and Emergency Deficit Control Act of
1985) made available in this Act to the Department into the
``Working Capital Fund'' if necessary to meet the amount
specified in subsection (b) and this transfer authority is in
addition to any other transfer authority contained in this
Act.
Sec. 524. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 525. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who
are stationed in the United States, at any single conference
occurring outside the United States unless such conference is
a law enforcement training or operational conference for law
enforcement personnel and the majority of Federal employees
in attendance are law enforcement personnel stationed outside
the United States.
Sec. 526. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 527. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 528. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department,
agency, or instrumentality and the total finances that have
not been obligated to a specific project remaining in the
accounts.
Sec. 529. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA) or the Office of Science and Technology
Policy (OSTP) to develop, design, plan, promulgate,
implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-
owned company unless such activities are specifically
authorized by a law enacted after the date of enactment of
this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors
at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA or OSTP, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of
the activity, its agenda, its major participants, and its
location and timing.
Sec. 530. None of the funds made available by this or any
other Act, for fiscal year 2018 and each fiscal year
thereafter, may be used to pay the salaries or expenses of
personnel to deny, or fail to act on, an application for the
importation of any model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 531. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 532. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, and the State Justice
Institute shall submit spending plans, signed by the
respective department or agency head, to the Committees on
Appropriations of the House of Representatives and the Senate
within 45 days after the date of enactment of this Act.
Sec. 533. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 534. The Department of Commerce, the National
Aeronautics and Space Administration, and the National
Science Foundation shall provide a quarterly report to the
Committees on Appropriations of the House of Representatives
and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose
of such travel.
Sec. 535. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the
Public Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates.
Sec. 536. None of the funds made available by this Act may
be used to approve the registration or renewal of, or
maintain the registration of, a mark, trade name, or
commercial name, under the Act entitled ``An Act to provide
for the registration and protection of trademarks used in
commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved
July 6, 1946 (commonly referred to as the ``Trademark Act of
1946''; 15 U.S.C. 1051 et seq.), including the receipt or
acceptance of post-registration affidavits or declarations,
where such mark, trade name, or commercial name is the same
or substantially similar to a mark, trade name, or commercial
name that was used in connection with a business or assets
that were confiscated, as that term is defined in section
4(4) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6023(4)), unless the
original owner of the mark, trade name, or commercial name,
or the bona-fide successor-in-interest has expressly
consented.
Sec. 537. None of the funds made available by this Act may
be used to require a person licensed under section 923 of
title 18, United States Code, to report information to the
Department of Justice regarding the sale of multiple rifles
or shotguns to the same person.
Sec. 538. (a) A State may bring a civil action against the
United States in an appropriate United States district court
for such declaratory and injunctive relief (including
preliminary injunctive relief) as may be necessary to restore
the sovereignty reserved to the States by the Constitution.
It shall be duty of the courts of the United States to
advance on the docket and to expedite to the greatest
possible extent the disposition of any such action.
(b) This section shall take effect on the date of enactment
of this Act and continue in effect through all fiscal years
thereafter.
Sec. 539. None of the funds made available by this Act may
be used to relocate the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) Canine Training Center or the ATF
National Canine Division.
Sec. 540. None of the funds made available by this Act may
be used to enter into a civil settlement agreement on behalf
of the United States that includes a term requiring that any
donation be made to any non-party by any party-defendant to
such agreement.
Sec. 541. None of the funds made available by this Act may
be used to implement or enforce the designation of any area
of the Chesapeake Bay watershed as critical habitat for the
Atlantic Sturgeon pursuant to the proposed rule published
June 3, 2016 (81 Fed. Reg. 35701).
Sec. 542. None of the funds made available by this Act may
be used by the Equal Employment Opportunity Commission for
the ``collection of information'', as defined in the
Paperwork Reduction Act (44 U.S.C. Sec. 3502(3)(A)), from
employers relating to employees' earnings and hours worked,
as set forth in and designated as Component 2 by the notice
published by the Commission on July 14, 2016, in the Federal
Register (81 Fed. Reg. 45479), or for any final ``collection
of information'' related to such earnings and hours worked
and to such notice.
[[Page H6888]]
references to act
Sec. 543. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
reference to report
Sec. 544. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-231. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 545. $0.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2018''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2018, and for other purposes, namely:
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to Puerto Rico; and Treasury-
wide management policies and programs activities,
$201,751,000: Provided, That of the amount appropriated
under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2019, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and
Compliance Policy, including entering into cooperative
agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
money launderers, drug kingpins, and other national security
threats, $123,000,000: Provided, That of the amount
appropriated under this heading: (1) up to $28,000,000 may be
transferred to the Departmental Offices Salaries and Expenses
appropriation and shall be available for administrative
support to the Office of Terrorism and Financial
Intelligence; and (2) up to $5,000,000 shall remain available
until September 30, 2019.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$27,264,000, to remain available until September 30, 2020:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That the Chief
Information Officer of the individual offices and bureaus
shall submit a spend plan for each investment to the Treasury
Chief Information Officer for approval: Provided further,
That the submitted spend plan shall be reviewed and approved
by the Treasury Chief Information Officer prior to the
obligation of funds under this heading: Provided further,
That of the total amount made available under this heading
$1,000,000 shall be available for administrative expenses for
the Treasury Chief Information Officer to provide oversight
of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant
any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $3,077,000, to remain available until September 30,
2020: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $34,112,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2019, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed
$1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
$165,113,000, of which $5,000,000 shall remain available
until September 30, 2019; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not
to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $37,044,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $10,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$115,003,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2020.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$876,000,000 are hereby permanently rescinded not later than
September 30, 2018.
(including return of funds)
In addition, of amounts in the Treasury Forfeiture Fund,
$38,800,000 from funds paid to the United States Government
by BNP Paribas S.A. as part of, or related to, a plea
agreement dated June 27, 2014, entered into between the
Department of Justice and BNP Paribas S.A., and subject to a
consent order entered by the United States District Court for
the Southern District of New York on May 1, 2015, in United
States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.), are hereby
returned to the general fund of the Treasury.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $330,837,000; of which not to exceed
$4,210,000, to remain available until September 30, 2020, is
for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $111,439,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated
under this heading, $5,000,000 shall be for the costs of
accelerating the processing of formula and label
applications: Provided further, That of the amount
appropriated under this heading, $5,000,000, to remain
available until September 30, 2019, shall be for the costs
associated with enforcement of the trade practice provisions
of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the
[[Page H6889]]
production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2018 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvement Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-3, $190,000,000. Of the amount appropriated under
this heading--
(1) not less than $137,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, and section 108(d) of Public
Law 103-325 (12 U.S.C. 4707(d)) shall not apply with respect
to financial assistance in the form of direct loans, is
available until September 30, 2019, for financial assistance
and technical assistance under subparagraphs (A) and (B) of
section 108(a)(1), respectively, of Public Law 103-325 (12
U.S.C. 4707(a)(1)(A) and (B)), of which up to $5,896,000 may
be used for the cost of direct loans, and of which up to
$3,000,000, subsection (d) of section 108 of Public Law 103-
325 (12 U.S.C. 4707 (d)) shall not apply to the use of such
funds, may be available to provide financial assistance,
technical assistance, training and outreach to community
development financial institutions to expand investments that
benefit individuals with disabilities: Provided, That the
cost of direct and guaranteed loans, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$50,000,000;
(2) not less than $15,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2019, for financial assistance,
technical assistance, training and outreach programs designed
to benefit Native American, Native Hawaiian, and Native
Alaskan communities and provided primarily through qualified
community development lender organizations with experience
and expertise in community development banking and lending in
Indian country, Native American organizations, tribes and
tribal organizations, and other suitable providers;
(3) not less than $15,000,000 is available until September
30, 2019, for the Bank Enterprise Award program;
(4) up to $23,000,000 is available until September 30,
2018, for administrative expenses, including administration
of CDFI fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for development of tools
to better assess and inform CDFI investment performance, and
up to $300,000 is for administrative expenses to carry out
the direct loan program; and
(5) during fiscal year 2018, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000: Provided further, That
such section 114A shall remain in effect until September 30,
2018: Provided further, That of the funds awarded under this
heading, not less than 10 percent shall be used for awards
that support investments that serve populations living in
persistent poverty counties: Provided further, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more
of its population living in poverty over the past 30 years,
as measured by the 1990 and 2000 decennial censuses and the
most recent series of 5-year data available from the American
Community Survey from the Census Bureau.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,315,754,000, of which $8,890,000 shall be for the Tax
Counseling for the Elderly Program; of which $12,000,000
shall be available for low-income taxpayer clinic grants; of
which $15,000,000, to remain available until September 30,
2019, shall be available for a Community Volunteer Income Tax
Assistance matching grants program for tax return preparation
assistance, of which not less than $206,000,000 shall be
available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for
the Taxpayer Advocate Service, not less than $5,000,000 shall
be for identity theft casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,810,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2019,
and of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage;
physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the
operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner;
$3,850,189,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2019; of which not to
exceed $10,000,000 shall remain available until expended for
acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2020, for
research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided,
That not later than 30 days after the end of each quarter,
the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General of the United
States detailing the cost and schedule performance for its
major information technology investments, including the
purpose and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such
investments and strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the
next quarter: Provided further, That the Internal Revenue
Service shall include, in its budget justification for fiscal
year 2019, a summary of cost and schedule performance
information for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $110,000,000, to
remain available until September 30, 2020, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
the cost and schedule performance for CADE 2 and Return Renew
Program information technology investments, including the
purposes and life-cycle stages of the investments; the
reasons for any cost and schedule variances; the risks of
such investments and the strategies the Internal Revenue
Service is using to mitigate such risks; and the expected
developmental milestones to be achieved and costs to be
incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. None of the funds made available to the Internal
Revenue Service by this Act may be used to make a video
unless the Service-Wide Video Editorial Board determines in
advance that making the video is appropriate, taking into
account the cost, topic, tone, and purpose of the video.
Sec. 106. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 107. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 108. None of the funds made available in this Act may
be used by the Internal Revenue
[[Page H6890]]
Service to target groups for regulatory scrutiny based on
their ideological beliefs.
Sec. 109. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 110. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program
or process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Sec. 111. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Sec. 112. None of the funds made available by this Act may
be used by the Internal Revenue Service to implement or
enforce section 5000A of the Internal Revenue Code of 1986,
section 6055 of such Code, section 1502(c) of the Patient
Protection and Affordable Care Act (Public Law 111-148), or
any amendments made by section 1502(b) of such Act.
Sec. 113. Except to the extent provided in section 6014,
6020, or 6201(d) of the Internal Revenue Code of 1986, no
funds in this or any other Act shall be available to the
Secretary of the Treasury to provide to any person a proposed
final return or statement for use by such person to satisfy a
filing or reporting requirement under such Code.
Sec. 114. None of the funds made available by this Act may
be used by the Internal Revenue Service to implement or
enforce Internal Revenue Service Notice 2017-10 with respect
to transactions entered into before January 23, 2017.
Sec. 115. None of the funds made available by this Act may
be used to finalize, implement, or enforce amendments to
Treasury Regulations proposed in the Notice of Proposed
Rulemaking in the Federal Register on August 4, 2016 (81 Fed.
Reg. 51413) (relating to restrictions on liquidation of an
interest with respect to estate, gift, and generation-
skipping transfer taxes under section 2704 of the Internal
Revenue Code of 1986), or any substantially similar
amendments to such regulations.
Sec. 116. None of the funds made available by this Act may
be used by the Internal Revenue Service to make a
determination that a church, an integrated auxiliary of a
church, or a convention or association of churches is not
exempt from taxation for participating in, or intervening in,
any political campaign on behalf of (or in opposition to) any
candidate for public office unless--
(1) the Commissioner of Internal Revenue consents to such
determination;
(2) not later than 30 days after such determination, the
Commissioner notifies the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate of such determination; and
(3) such determination is effective with respect to the
church, integrated auxiliary of a church, or convention or
association of churches not earlier than 90 days after the
date of the notification under paragraph (2).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 117. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 118. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco
Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may
increase or decrease any such appropriation by more than 2
percent.
Sec. 119. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 120. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 121. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service-Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 122. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 123. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 124. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2018
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2018.
Sec. 125. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 126. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the Senate and the House of Representatives not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 127. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 128. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 129. During fiscal year 2018--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize
any regulation, revenue ruling, or other guidance not limited
to a particular taxpayer relating to the standard which is
used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes
of section 501(c)(4) of the Internal Revenue Code of 1986
(including the proposed regulations published at 78 Fed. Reg.
71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 130. (a) None of the funds made available by this Act
may be used to approve, license, facilitate, authorize, or
otherwise allow the use, purchase, trafficking, or import of
property confiscated by the Cuban Government.
(b) In this section, the terms ``confiscated'', ``Cuban
Government'', ``property'', and ``traffic'' have the meanings
given such terms in paragraphs (4), (5), (12)(A), and (13),
respectively, of section 4 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6023).
[[Page H6891]]
Sec. 131. (a) None of the funds made available in this Act
may be used to authorize a general license or approve a
specific license under section 501.801 or 515.527 of title
31, Code of Federal Regulations, with respect to a mark,
trade name, or commercial name that is the same as or
substantially similar to a mark, trade name, or commercial
name that was used in connection with a business or assets
that were confiscated unless the original owner of the mark,
trade name, or commercial name, or the bona-fide successor-
in-interest has expressly consented.
(b) In this section, the term ``confiscated'' has a meaning
given such term in section 4(4) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6023(4)).
Sec. 132. Notwithstanding paragraph (2) of section 402(c)
of the Helping Families Save their Homes Act of 2009, in
utilizing funds made available by paragraph (1) of section
402(c) of such Act, the Special Inspector General for the
Troubled Asset Relief Program shall prioritize the
performance of audits or investigations of any program that
is funded in whole or in part by funds appropriated under the
Emergency Economic Stabilization Act of 2008, to the extent
that such priority is consistent with other aspects of the
mission of the Special Inspector General.
Sec. 133. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended to provide
for the enforcement of any rule, regulation, policy, or
guideline implemented pursuant to the Department of the
Treasury ``Guidance for United States Positions on MDBs
Engaging with Developing Countries on Coal-Fired Power
Generation'' dated October 29, 2013, when enforcement of such
rule, regulation, policy, or guideline would prohibit or have
the effect of prohibiting, the carrying out of any coal-fired
or other power generation project the purpose of which is to
increase exports of goods and services from the United States
or prevent the loss of jobs from the United States.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2018''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $12,917,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $750,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $11,800,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$100,000,000, of which not to exceed $12,800,000 shall remain
available until expended for continued modernization of
information resources within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $100,000,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further,
That of the funds made available for the Office of Management
and Budget by this Act, no less than three full-time
equivalent senior staff position shall be dedicated solely to
the Office of the Intellectual Property Enforcement
Coordinator: Provided further, That none of the funds
provided in this or prior Acts shall be used, directly or
indirectly, by the Office of Management and Budget, for
evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through
the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to
the Civil Works water resource planning process: Provided
further, That the Office of Management and Budget shall have
not more than 60 days in which to perform budgetary policy
reviews of water resource matters on which the Chief of
Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the
appropriate authorizing and appropriating committees when the
60-day review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$18,400,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $254,000,000, to remain available until September
30, 2019, for drug control activities consistent with the
approved strategy for each of the designated High
[[Page H6892]]
Intensity Drug Trafficking Areas (``HIDTAs''), of which not
less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated
not later than 120 days after enactment of this Act:
Provided, That up to 49 percent may be transferred to Federal
agencies and departments in amounts determined by the
Director of the Office of National Drug Control Policy, of
which up to $2,700,000 may be used for auditing services and
associated activities: Provided further, That,
notwithstanding the requirements of Public Law 106-58, any
unexpended funds obligated prior to fiscal year 2016 may be
used for any other approved activities of that HIDTA, subject
to reprogramming requirements: Provided further, That each
HIDTA designated as of September 30, 2017, shall be funded at
not less than the fiscal year 2017 base level, unless the
Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for
changes to those levels based on clearly articulated
priorities and published Office of National Drug Control
Policy performance measures of effectiveness: Provided
further, That the Director shall notify the Committees on
Appropriations of the initial allocation of fiscal year 2018
funding among HIDTAs not later than 45 days after enactment
of this Act, and shall notify the Committees of planned uses
of discretionary HIDTA funding, as determined in consultation
with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, That upon a
determination that all or part of the funds so transferred
from this appropriation are not necessary for the purposes
provided herein and upon notification to the Committees on
Appropriations of the House of Representatives and the
Senate, such amounts may be transferred back to this
appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $108,843,000, to remain available until
expended, which shall be available as follows: $91,000,000
for the Drug-Free Communities Program, of which $2,000,000
shall be made available as directed by section 4 of Public
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521
note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,343,000
for the United States membership dues to the World Anti-
Doping Agency; $1,000,000 shall be made available as directed
by section 1105 of Public Law 109-469; and $3,000,000, to
remain available until expended, shall be for activities
authorized by section 103 of Public Law 114-198: Provided,
That amounts made available under this heading may be
transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$798,000, to remain available until September 30, 2019.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $20,000,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the
Vice President.
Sec. 202. Within 90 days after the date of enactment of
this section, the Director of the Office of Management and
Budget shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
on the costs of implementing the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203). Such
report shall include--
(1) the estimated mandatory and discretionary obligations
of funds through fiscal year 2019, by Federal agency and by
fiscal year, including--
(A) the estimated obligations by cost inputs such as rent,
information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate such
estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2019 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to calculate such
estimated collections; and
(B) the specific section of such Act that authorizes the
collection of funds.
Sec. 203. (a) During fiscal year 2018, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2018; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2018.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2018 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
$100,000,000.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2018''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $78,538,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $15,000,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $30,592,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $18,556,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office
[[Page H6893]]
staff, as authorized by law, $5,082,710,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $7,366,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,110,375,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $39,929,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $574,593,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $87,920,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $28,708,000; of which
$1,800,000 shall remain available through September 30, 2019,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$18,338,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the second sentence (relating to the District of
Kansas) following paragraph (12), by striking ``26 years and
6 months'' and inserting ``27 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``24 years and 6 months''
and inserting ``25 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by inserting after ``except in
the case of'' the following: ``the northern district of
Alabama,'';
(2) in the first sentence by inserting after ``the central
district of California'' the following: ``,'';
(3) in the first sentence by striking ``15 years'' and
inserting ``16 years'';
(4) by adding at the end of the first sentence the
following: ``The first vacancy in the office of district
judge in the district of Alabama occurring 15 years or more
after the confirmation date of the judge named to fill the
temporary district judgeship created in that district by this
subsection, shall not be filled.'';
(5) in the third sentence (relating to the central District
of California), by striking ``14 years and 6 months'' and
inserting ``15 years and 6 months''; and
(6) in the fourth sentence (relating to the western
district of North Carolina), by striking ``13 years'' and
inserting ``14 years''.
Sec. 307. (a) Section 2(a)(2)(C)(i) of the Temporary
Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152
note; Public Law 112-121 as amended) is amended by striking
``6 years'' and inserting ``7 years''.
(b) Section 2(a)(2)(D)(i) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public
Law 112-121 as amended) is amended by striking ``6 years''
and inserting ``7 years''.
(c) Section 2(a)(2)(F)(i) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public
Law 112-121 as amended) is amended by striking ``6 years''
and inserting ``7 years''.
(d) Section 2(a)(2)(G)(i) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public
Law 112-121 as amended) is amended by striking ``6 years''
and inserting ``7 years''.
(e) Section 2(a)(2)(H)(i) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public
Law 112-121 as amended) is amended by striking ``6 years''
and inserting ``7 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2018''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $30,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's
[[Page H6894]]
academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further,
That the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures
made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $13,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $265,400,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,000,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $121,000,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $71,500,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $58,900,000, to remain available
until September 30, 2019, for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $6,000,000 of
the funds provided under this heading among the items and
entities funded under this heading: Provided further, That
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$49,890,000, to remain available until expended: Provided,
That not more than $20,000,000 in unobligated funds provided
in this account may be transferred to and merged with funds
made available under the heading "Federal Payment to the
District of Columbia Courts," to be available for the same
period and purposes as funds made available under that
heading for capital improvements to District of Columbia
courthouse facilities: Provided, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision
of law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $244,298,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which
$180,840,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons; and of which $63,458,000 shall be available
to the Pretrial Services Agency: Provided, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That amounts under
this heading may be used for programmatic incentives for
defendants to successfully complete their terms of
supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$40,082,000: Provided, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $1,900,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2019, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $45,000,000, to remain available
until expended, for payments authorized under the Scholarship
for Opportunity and Results Act (division C of Public Law
112-10): Provided, That, to the extent that funds are
available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships $3,200,000 shall be for the activities specified
in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $435,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth under the heading ``Part A--Summary of
Expenses'' and at the rate set forth under such heading, as
included in D.C. Bill 22-242, as amended as of the date of
the enactment of this Act: Provided, That notwithstanding
any other provision of law, except as provided in section
450A of the District of Columbia Home Rule Act (section 1-
204.50a, D.C. Official Code), sections 816 and 817 of the
Financial Services and General Government Appropriations Act,
2009 (secs. 47-369.01 and 47-369.02, D.C. Official Code), and
provisions of this Act, the total amount appropriated in this
Act for operating expenses for the District of Columbia for
fiscal year 2018 under this heading shall not exceed the
estimates included in D.C. Bill 22-242, as amended as of the
date of the enactment of this Act, or the sum of the total
revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning
by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2018,
except that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from
[[Page H6895]]
bonds, notes, or other obligations issued for capital
projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2018''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,100,000, to remain available until September 30, 2019, of
which not to exceed $1,000 is for official reception and
representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $123,000,000.
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2018, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Sec. 502. None of the funds appropriated by this Act may
be used to finalize any rule by the Consumer Product Safety
Commission relating to blade-contact injuries on table saws.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252; 52 U.S.C. 20901 et seq.),
$7,000,000, of which $1,500,000 shall be transferred to the
National Institute of Standards and Technology for election
reform activities authorized under such Act.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$322,035,000, to remain available until expended: Provided,
That $322,035,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2018 so as to result in a final fiscal year 2018
appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $322,035,000 in
fiscal year 2018 shall not be available for obligation:
Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for
collection in each such year and otherwise becoming available
on October 1, 2017, shall not be available for obligation:
Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $111,150,000 for fiscal year 2018: Provided
further, That, of the amount appropriated under this heading,
not less than $11,020,000 shall be for the salaries and
expenses of the Office of Inspector General.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $39,136,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $71,250,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, $26,200,000, including services authorized by 5 U.S.C.
3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in
the District of Columbia and elsewhere; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses: Provided, That public members of
the Federal Service Impasses Panel may be paid travel
expenses and per diem in lieu of subsistence as authorized by
law (5 U.S.C. 5703) for persons employed intermittently in
the Government service, and compensation as authorized by 5
U.S.C. 3109: Provided further, That, notwithstanding 31
U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall
be credited to and merged with this account, to be available
without further appropriation for the costs of carrying out
these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$306,317,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $126,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $16,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2018, so as to result in a final fiscal year 2018
appropriation from the general fund estimated at not more
than $164,317,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
GENERAL SERVICES ADMINISTRATION
Real Property Activities
Federal Buildings Fund
Limitations on Availability of Revenue
(including transfer of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation, and transfer
of space; contractual services incident to cleaning or
servicing buildings, and moving; repair and alteration of
federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $7,864,111,000,
of which--
(1) $0 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services);
(2) $180,000,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $0 is for Major Repairs and Alterations;
(B) $110,000,000 is for Basic Repairs and Alterations;
(C) $70,000,000 is for Special Emphasis Programs of which--
(i) $20,000,000 is for Judiciary Capital Security;
(ii) $30,000,000 is for Fire and Life Safety; and
(iii) $20,000,000 is for Consolidation Activities:
Provided, That consolidation projects result in
[[Page H6896]]
reduced annual rent paid by the tenant agency: Provided
further, That no consolidation project exceed $10,000,000 in
costs: Provided further, That consolidation projects are
approved by each of the committees specified in section
3307(a) of title 40, United States Code: Provided further,
That preference is given to consolidation projects that
achieve a utilization rate of 130 usable square feet or less
per person for office space: Provided further, That the
obligation of funds under this paragraph for consolidation
activities may not be made until 10 days after a proposed
spending plan and explanation for each project to be
undertaken, including estimated savings, has been submitted
to the Committees on Appropriations of the House of
Representatives and the Senate:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided
in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided
further, That the difference between the funds appropriated
and expended on any projects in this or any prior Act, under
the heading ``Repairs and Alterations'', may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,462,345,000 for rental of space to remain available
until expended; and
(4) $2,221,766,000 for building operations to remain
available until expended, of which $1,146,089,000 is for
building services, and $1,075,677,000 is for salaries and
expenses: Provided, That not to exceed 5 percent of any
appropriation made available under this paragraph for
building operations may be transferred between and merged
with such appropriations upon notification to the Committees
on Appropriations of the House of Representatives and the
Senate, but no such appropriation shall be increased by more
than 5 percent by any such transfers: Provided further, That
section 521 of this title shall not apply with respect to
funds made available under this heading for building
operations: Provided further, That the total amount of funds
made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each project for required expenses for the development of
a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide
such reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this
Fund during fiscal year 2018, excluding reimbursements under
40 U.S.C. 592(b)(2), in excess of the aggregate new
obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
General Activities
Government-wide Policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $53,499,000.
Operating Expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; and services as authorized by 5 U.S.C. 3109;
$45,645,000, of which $24,357,000 is for Real and Personal
Property Management and Disposal; $21,288,000 is for the
Office of the Administrator, of which not to exceed $7,500 is
for official reception and representation expenses.
Civilian Board of Contract Appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $8,795,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $65,000,000:
Provided, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
Allowances and Office Staff for Former Presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $4,754,000.
Federal Citizen Services Fund
(including Transfers of Funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and
44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $53,741,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the
previous amount may be transferred to Federal agencies to
carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall
be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities
electronically: in the aggregate amount not to exceed
$100,000,000: Provided further, That appropriations,
revenues, reimbursements, and collections accruing to this
Fund during fiscal year 2018 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided
further, That any appropriations provided to the Electronic
Government Fund that remain unobligated may be transferred to
the Federal Citizen Services Fund: Provided further, That
the transfer authorities provided herein shall be in addition
to any other transfer authority provided in this Act.
Asset Proceeds and Space Management Fund
For carrying out the purposes of the Federal Assets Sale
and Transfer Act of 2016 (Public Law 114-287), $10,000,000,
to be deposited into the Asset Proceeds and Space Management
Fund, to remain available until expended.
Environmental Review Improvement Fund
For necessary expenses of the Environmental Review
Improvement Fund established under section 41009(d) of the
Fixing America's Surface Transportation Act (42 U.S.C. 4370m-
8(d)), $1,000,000, to remain available until expended.
Administrative Provisions--General Services Administration
(including Rescission and Transfer of Funds)
Sec. 510. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 511. Funds in the Federal Buildings Fund made
available for fiscal year 2018 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 512. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2019 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 513. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 514. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 515. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area of
[[Page H6897]]
procurement is identical to the delineated area included in
the prospectus for all lease agreements, except that, if the
Administrator determines that the delineated area of the
procurement should not be identical to the delineated area
included in the prospectus, the Administrator shall provide
an explanatory statement to each of such committees and the
Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 516. With respect to each project funded under the
heading ``Major Repairs and Alterations'' or ``Judiciary
Capital Security Program'', and with respect to E-Government
projects funded under the heading ``Federal Citizen Services
Fund'', the Administrator of General Services shall submit a
spending plan and explanation for each project to be
undertaken to the Committees on Appropriations of the House
of Representatives and the Senate not later than 60 days
after the date of enactment of this Act.
Sec. 517. Section 16 of the Federal Assets Sale and
Transfer Act of 2016 (Public Law 114-287) is amended--
(1) by inserting the following at the end of subparagraph
(a)(1): ``The Account shall be under the custody and control
of the Chairperson of the Board and deposits in the Account
shall remain available until expended.'';
(2) by striking subparagraph (b)(1) and inserting in lieu
thereof the following: (1) ``ESTABLISHMENT. -- There is
established in the Treasury of the United States an account
to be known as the "Public Buildings Reform Board - Asset
Proceeds and Space Management Fund'' (in this subsection
referred to as the "Fund"). The Fund shall be under the
custody and control of the Administrator of General Services
and deposits in the Fund shall remain available until
expended.
Sec. 518. The unobligated balance of amounts provided for
National Capital Region, FBI Headquarters Consolidation, in
paragraph (1)(A) under the heading ``General Services
Administration--Federal Buildings Fund'' in division E of
Public Law 115-31 is rescinded.
Sec. 519. The Administrator of General Services shall make
available to the public on the website of the General
Services Administration any draft environmental assessment--
(1) prepared by the Administrator of General Services under
section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)); and
(2) for which the Administrator of General Services has
solicited public comment.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$1,000,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $44,490,000,
to remain available until September 30, 2019, and in addition
not to exceed $2,345,000, to remain available until September
30, 2019, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$364,308,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$4,241,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,500,000, to remain available until expended.
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $4,000,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2019, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $16,439,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem or subsistence allowances
to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty,
$129,341,000: Provided, That of the total amount made
available under this heading, $18,000,000 shall remain
available until expended for information technology
infrastructure modernization and Trust Fund Federal Financial
System migration or modernization: Provided further, That the
amount made available by the previous proviso may not be
obligated until the Director of the Office of Personnel
Management submits to the Committees on Appropriations of the
Senate and the House of Representatives a plan for
expenditure of such amount, prepared in consultation with the
Director of the Office of Management and Budget, the
Administrator of the United States Digital Service, and the
Secretary of Homeland Security, that--
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control
review requirements established by the Office of Management
and Budget, including Circular A-11;
(3) includes a Major IT Business Case under the
requirements established by the Office of Management and
Budget Exhibit 300;
(4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Government;
(5) complies with all Office of Management and Budget,
Department of Homeland Security and National Institute of
Standards and Technology requirements related to securing the
agency's information system as described in 44 U.S.C. 3554;
and
(6) is reviewed and commented upon within 90 days of plan
development by the Inspector General of the Office of
Personnel Management, and such comments are submitted to the
Director of the Office of Personnel Management before the
date of such submission:
Provided further, That, not later than 6 months after the
date of enactment of this Act, the Comptroller General shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a report that--
(A) evaluates--
(i) the steps taken by the Office of Personnel Management
to prevent, mitigate, and respond to data breaches involving
sensitive personnel records and information;
(ii) the Office's cybersecurity policies and procedures in
place on the date of enactment of this Act, including
policies and procedures relating to IT best practices such as
data encryption, multifactor authentication, and continuous
monitoring;
(iii) the Office's oversight of contractors providing IT
services; and
(iv) the Office's compliance with government-wide
initiatives to improve cybersecurity; and
(B) sets forth improvements that could be made to assist
the Office of Personnel Management in addressing
cybersecurity challenges:
Provided further, That of the total amount made available
under this heading, $584,000 may be made available for
strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of
such workforce and information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management; and in addition
$131,414,000 for administrative expenses, to be transferred
from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed
materials, for the retirement and insurance programs:
Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to
[[Page H6898]]
Executive Order No. 9358 of July 1, 1943, or any successor
unit of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year
2018, accept donations of money, property, and personal
services: Provided further, That such donations, including
those from prior years, may be used for the development of
publicity materials to provide information about the White
House Fellows, except that no such donations shall be
accepted for travel or reimbursement of travel expenses, or
for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $5,000,000, and in
addition, not to exceed $25,000,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12) as amended by Public Law 107-304, the Whistleblower
Protection Enhancement Act of 2012 (Public Law 112-199), and
the Uniformed Services Employment and Reemployment Rights Act
of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of
Columbia and elsewhere, and hire of passenger motor vehicles;
$24,750,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435), $15,200,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $8,000,000, to remain available until
September 30, 2019.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform
Board in carrying out the Federal Assets Sale and Transfer
Act of 2016 (Public Law 114-287), $5,000,000, to remain
available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$1,652,000,000 to remain available until expended; of which
funding for information technology initiatives shall be
increased over the fiscal year 2017 level by not less than
$50,000,000; of which not less than $14,748,358 shall be for
the Office of Inspector General; of which not to exceed
$75,000 shall be available for a permanent secretariat for
the International Organization of Securities Commissions; of
which not to exceed $100,000 shall be available for expenses
for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence;
and of which not less than $68,950,000 shall be for the
Division of Economic and Risk Analysis: In addition, for
costs associated with relocation under a replacement lease
for the Commission's headquarters facilities, not to exceed
$244,507,000, to remain available until September 30, 2019.
For purposes of calculating the fee rate under section 31(j)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j))
for fiscal year 2018, all amounts appropriated under this
heading shall be deemed to be the regular appropriation to
the Commission for fiscal year 2018. Provided, That fees and
charges authorized by section 31 of the Securities Exchange
Act of 1934 (15 U.S.C. 78ee) shall be credited to this
account as offsetting collections: Provided further, That
not to exceed $1,652,000,000 of such offsetting collections
shall be available until expended for necessary expenses of
this account and not to exceed $244,507,000 of such
offsetting collections shall be available until September 30,
2019, for costs under this heading associated with relocation
under a replacement lease for the Commission's headquarters
facilities: Provided further, That the total amount
appropriated under this heading from the general fund for
fiscal year 2018 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2018
appropriation from the general fund estimated at not more
than $0: Provided further, That if any amount of the
appropriation under this heading for costs associated with
relocation under a replacement lease for the Commission's
headquarters facilities is subsequently de-obligated on or
before September 30, 2019, any such amount derived from the
general fund shall be returned to the general fund, and any
such amount derived from fees or assessments collected for
such purpose shall be paid to each national securities
exchange and national securities association, respectively,
in proportion to any fees or assessments paid by such
national securities exchange or national securities
association under such section 31 in fiscal year 2018.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $22,900,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $265,000,000
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2018 : Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2019.
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $211,100,000,
to remain available until September 30, 2019 : Provided,
That $120,000,000 shall be available to fund grants for
performance in fiscal year 2018 or fiscal year 2019 as
authorized by section 21 of the Small Business Act: Provided
further, That $31,000,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided
further, That $10,000,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $19,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain
available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,438,172, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2018
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year
2018 commitments for general business loans authorized under
section 7(a)
[[Page H6899]]
of the Small Business Act shall not exceed $29,000,000,000
for a combination of amortizing term loans and the aggregated
maximum line of credit provided by revolving loans: Provided
further, That during fiscal year 2018 commitments for loans
authorized under subparagraph (C) of section 502(7) of The
Small Business Investment Act of 1958 (15 U.S.C. 696(7))
shall not exceed $7,500,000,000: Provided further, That
during fiscal year 2018 commitments to guarantee loans for
debentures under section 303(b) of the Small Business
Investment Act of 1958 shall not exceed $4,000,000,000:
Provided further, That during fiscal year 2018, guarantees of
trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$152,782,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$186,458,000, to be available until expended, of which
$1,000,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; of which $176,458,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; and of which $9,000,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including rescission and transfer of funds)
Sec. 520. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 521. Of the unobligated balances available for the
Immediate Disaster Assistance Program authorized by section
42 of the Small Business Act (15 U.S.C. 657n) and the
Expedited Disaster Assistance Loan Program authorized by
section 12085 of Public Law 110-246, $2,600,000 are hereby
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as emergency requirements pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That no amounts may be
rescinded from amounts that were designated by the Congress
as being for disaster relief pursuant to section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 522. Section 7(m)(4)(E) of the Small Business Act (15
U.S.C. 636(m)(4)(E)) is amended by striking ``25 percent''
each place such term appears and inserting ``50 percent''.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$58,118,000: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service
by this Act shall be used to implement any rule, regulation,
or policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided
further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post
offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $234,650,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $51,100,000,
of which $500,000 shall remain available until expended:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission)
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2018, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization or restructuring of offices,
programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2018 from
appropriations made available for salaries and expenses for
fiscal year 2018 in this Act, shall remain available through
September 30, 2019, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
[[Page H6900]]
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 620. In fiscal year 2018 and any fiscal year
thereafter, none of the funds made available in this or any
other Act may be used by the Federal Trade Commission to
complete or publish the study, recommendations, or report
prepared by the Interagency Working Group on Food Marketed to
Children pursuant to the directive described on pages 983 and
984 of the House Appropriations Committee Print of the
explanatory statement accompanying the Omnibus Appropriations
Act, 2009 (Public Law 111-8).
Sec. 621. None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a
contract to a contractor conducting the final quality review
processes for background investigation fieldwork services or
background investigation support services that, as of the
date of the award of the contract, are being conducted by
that contractor.
Sec. 622. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 623. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 624. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
United States.
Sec. 625. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency
covered by this section shall provide its Inspector General
with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the establishment
over which that Inspector General has responsibilities under
the Inspector General Act of 1978. Each Inspector General
covered by this section shall report to the Committees on
Appropriations of the House of Representatives and the Senate
within 5 calendar days any failures to comply with this
requirement.
Sec. 626. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or
other law enforcement- or victim assistance-related activity.
Sec. 627. Section 633(a) of title VI of division E of the
Consolidated Appropriations Act, 2017 (Public Law 115-31) is
amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
Sec. 628. The unobligated balance in the Securities and
Exchange Commission Reserve Fund established by section 991
of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (Public Law 111-203) are permanently rescinded.
Sec. 629. None of the funds made available by this Act
shall be used by the Securities and Exchange Commission to
study, develop, propose, finalize, issue, or implement any
rule, regulation, or order regarding the disclosure of
political contributions to tax exempt organizations, or dues
paid to trade associations.
[[Page H6901]]
Sec. 630. None of the funds made available by this Act may
be used to enforce the requirements in section 316(b)(4)(D)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30118(b)(4)(D)) that the solicitation of contributions from
member corporations stockholders and executive or
administrative personnel, and the families of such
stockholders or personnel, by trade associations must be
separately and specifically approved by the member
corporation involved prior to such solicitation, and that
such member corporation does not approve any such
solicitation by more than one such trade association in any
calendar year.
Sec. 631. (1) None of the funds appropriated by this Act
shall be available to pay for an abortion or the
administrative expenses in connection with a multi-State
qualified health plan offered under a contract under section
1334 of the Patient Protection and Affordable Care Act (42
U.S.C. 18054) which provides any benefits or coverage for
abortions.
(2) The provision of paragraph (1) shall not apply where
the life of the mother would be endangered if the fetus were
carried to term, or the pregnancy is the result of an act of
rape or incest.
Sec. 632. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
or otherwise stored, held, or maintained by that service
unless the governmental entity obtains a warrant issued upon
probable cause by a court of competent jurisdiction using the
procedures described in the Federal Rules of Criminal
Procedure.
Sec. 633. (a) No funds made available by this Act shall be
expended on any enforcement action that--
(1) concerns a pyramid promotional scheme other than a
scheme described in subsection (b); and
(2) begins after the date of enactment of this section.
(b) The pyramid promotional scheme described in this
subsection is any plan or operation in which individuals give
consideration for the right to receive compensation that is
primarily based upon recruiting other individuals into such
plan or operation rather than related to the--
(1) sale of products or services to ultimate users; or
(2) consumption by ultimate users.
(c) It is not evidence of a pyramid promotional scheme
described in subsection (b) if participants in the plan or
operation give consideration for the right to receive
compensation based upon purchases of products or services by
participants for personal use, consumption, or resale, as
long as the plan or operation--
(1) does not require inventory loading; and
(2) implements a bona fide inventory repurchase agreement.
(d) For purposes of this section--
(1) the term ``bona fide inventory repurchase agreement''
means a program by which a plan or operation--
(A) promises to repurchase, on commercially reasonable
terms, current and marketable inventory purchased and
maintained by a participant for use, consumption, or resale,
upon request at the termination of the participant's business
relationship with the plan or operation; and
(B) clearly communicates such terms in its recruiting
literature, sales manual, or contracts with participants,
including the manner in which the repurchase is to be
exercised and disclosure of any inventory not eligible for
repurchase under the program;
(2) the term ``commercially reasonable terms'' means, with
respect to a repurchase of current and marketable inventory,
a repurchase within 12 months from the date of purchase at
not less than 90 percent of the original net cost to the
participant, less appropriate set-offs and legal claims, if
any;
(3) the term ``inventory loading'' means a practice in
which a plan or operation--
(A) requires or encourages its participants to purchase
inventory in an amount exceeding that which the participant
can reasonably expect to use, consume, or resell to ultimate
users; and
(B) is not subject to a bona fide inventory repurchase
agreement; and
(4) the term ``ultimate users'' means individuals who
consume or use the products or services, whether or not they
are participants in the plan or operation.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2018 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits
may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and
(3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee
of the Government of the United States on the date of
enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13693
(March 19, 2015), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as
[[Page H6902]]
administrative expenses are subsequently transferred to or
paid from other funds, the limitations on administrative
expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the Armed Forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations,
initiatives, and activities: Provided further, That the funds
transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year
2018 shall remain available for obligation through September
30, 2019: Provided further, That such transfers or
reimbursements may only be made after 15 days following
notification of the Committees on Appropriations of the House
of Representatives and the Senate by the Director of the
Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry
[[Page H6903]]
out the purposes of the National Science and Technology
Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science and Technology, and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this
Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A;
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 730. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 731. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 732. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 733. During fiscal year 2018, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 734. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
Sec. 735. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 736. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2018,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2018, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2018 , in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2018 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2018 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
[[Page H6904]]
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2017,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2017,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2017.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2018 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2017.
Sec. 737. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2018 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2018 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
Sec. 738. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 739. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 740. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 741. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to: (1) classified information; (2)
communications to Congress; (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority,
or a substantial and specific danger to public health or
safety; or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by controlling Executive orders and
statutory provisions are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy
form or agreement that is to be executed by a person
connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain
provisions appropriate to the particular activity for which
such document is to be used. Such form or agreement shall, at
a minimum, require that the person will not disclose any
classified information received in the course of such
activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2014 which does not contain substantially
similar language to that required in subsection (a).
Sec. 742. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 743. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 744. (a) During fiscal year 2018, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
[[Page H6905]]
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 745. None of the funds made available under this or
any other Act may be used to implement or enforce Executive
Order No. 13690, ``Establishing a Federal Flood Risk
Management Standard and a Process for Further Soliciting and
Considering Stakeholder Input'', including any related rules,
interim final rules, or guidance.
Sec. 746. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2018, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2018.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical
Examiner who resides in the District of Columbia and is on
call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be
used to enact any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2018 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
Sec. 814. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2018
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2018 in this Act, shall
remain available through September 30, 2019, for each such
account for the purposes authorized: Provided, That a
request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
803 of this Act.
Sec. 816. (a)(1) During fiscal year 2019, during a period
in which neither a District of Columbia continuing resolution
or a regular
[[Page H6906]]
District of Columbia appropriation bill is in effect, local
funds are appropriated in the amount provided for any project
or activity for which local funds are provided in the Act
referred to in paragraph (2) (subject to any modifications
enacted by the District of Columbia as of the beginning of
the period during which this subsection is in effect) at the
rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2019 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2019 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2019 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2019.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2019 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2019 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. (a) Effective with respect to fiscal year 2013
and each succeeding fiscal year, the Local Budget Autonomy
Amendment Act of 2012 (D.C. Law 19-321) is hereby repealed,
and any provision of law amended or repealed by such Act
shall be restored or revived as if such Act had not been
enacted into law.
(b)(1) Section 450 of the District of Columbia Home Rule
Act (sec. 1-204.50, D.C. Official Code) is amended--
(A) in the first sentence, by striking ``The General Fund''
and inserting ``(a) In General.--The General Fund''; and
(B) by adding at the end the following new subsection:
``(b) Application of Federal Appropriations Process.--
Nothing in this Act shall be construed as creating a
continuing appropriation of the General Fund described in
subsection (a). All funds provided for the District of
Columbia shall be appropriated on an annual fiscal year basis
through the Federal appropriations process. For each fiscal
year, the District shall be subject to all applicable
requirements of subchapter III of chapter 13 and subchapter
II of chapter 15 of title 31, United States Code (commonly
known as the `Anti-Deficiency Act'), the Budget and
Accounting Act of 1921, and all other requirements and
restrictions applicable to appropriations for such fiscal
year.''.
(2) Section 603(a) of such Act (sec. 1-206.03(a), D.C.
Official Code) is amended--
(A) by striking ``existing''; and
(B) by striking the period at the end and inserting the
following: ``, or as authorizing the District of Columbia to
make any such change.''.
(3) The amendments made by this subsection shall take
effect as if included in the enactment of the District of
Columbia Home Rule Act.
Sec. 818. (a) No funds available for obligation or
expenditure by the District of Columbia government under any
authority may be used to enact any act, resolution, rule,
regulation, guidance, or other law to permit any person to
carry out any activity, or to reduce the penalties imposed
with respect to any activity, to which subsection (a) of
section 3 of the Assisted Suicide Funding Restriction Act of
1997 (42 U.S.C. 14402) applies (taking into consideration
subsection (b) of such section).
(b) Effective February 18, 2017, the Death With Dignity Act
of 2016 (D.C. Law 21-182) is hereby repealed.
Sec. 819. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
TITLE IX--OTHER MATTERS
table of contents
Sec. 901.
The table of contents for this title is as follows:
Sec. 901. Table of contents.
Sec. 902. Directed rulemaking repeals.
Sec. 903. Repeal and modification of provisions of the Financial
Stability Act of 2010.
Sec. 904. Bringing the Federal Deposit Insurance Corporation into the
appropriations process.
Sec. 905. Bringing the Federal Housing Finance Agency into the
appropriations process.
Sec. 906. Bringing the examination and supervision functions of the
National Credit Union Administration into the
appropriations process.
Sec. 907. Bringing the Office of the Comptroller of the Currency into
the appropriations process.
Sec. 908. Bringing the non-monetary policy related functions of the
Board of Governors of the Federal Reserve System into the
appropriations process.
Sec. 909. Increased threshold for disclosures relating to compensatory
benefit plans.
Sec. 910. Refunding or crediting overpayment of section 31 fees.
Sec. 911. Safe harbor for investment fund research.
Sec. 912. Annual review of government-business forum on capital
formation.
Sec. 913. Helping Angles Lead Our Startups.
Sec. 914. Investor limitation for qualifying venture capital funds.
Sec. 915. Manufactured Housing.
Sec. 916. Requirements for deposit account termination requests and
orders.
Sec. 917. Amendments to the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989.
Sec. 918. Safe harbor for certain loans held on portfolio.
Sec. 919. Changes required to small bank holding company policy
statement on assessment of financial and managerial
factors.
Sec. 920. Community financial institution mortgage relief.
Sec. 921. Regulations appropriate to business models.
Sec. 922. Eliminating barriers to jobs for loan originators.
Sec. 923. Small business loan data collection requirement.
Sec. 924. Depository institutions subject to maintenance of records and
disclosure requirements.
Sec. 925. Rate of interest after transfer of loan.
Sec. 926. Bringing the Bureau into the regular appropriations process.
Sec. 927. Elimination of supervision authority.
Sec. 928. Removal of authority to regulate small-dollar credit.
Sec. 929. Removal of Bureau UDAAP authority.
Sec. 930. Repeal of authority to restrict arbitration.
Sec. 931. Exemption from risk retention requirements for nonresidential
mortgage.
Sec. 932. Prohibition on requiring a single ballot.
Sec. 933. Repeal of the Volcker Rule and other provisions.
directed rulemaking repeals
Sec. 902.
With respect to any directed rulemaking required by a
provision of law repealed by this title, to the extent any
rule was issued or revised pursuant to such directed
rulemaking, such rule or revision shall have no force or
effect.
repeal and modification of provisions of the financial stability act of
2010
Sec. 903.
(a) Repeals.--The following provisions of the Financial
Stability Act of 2010 are repealed, and the provisions of law
amended or repealed by such provisions are restored or
revived as if such provisions had not been enacted:
(1) Subtitle B.
(2) Section 113.
(3) Section 114.
(4) Section 115.
(5) Section 116.
(6) Section 117.
(7) Section 119.
(8) Section 120.
(9) Section 121.
(10) Section 161.
(11) Section 162.
(12) Section 164.
(13) Section 166.
(14) Section 167.
(15) Section 168.
(16) Section 170.
(17) Section 172.
(18) Section 174.
(19) Section 175.
(b) Additional Modifications.--The Financial Stability Act
of 2010 (12 U.S.C. 5311 et seq.) is amended--
(1) in section 102(a), by striking paragraph (5);
(2) in section 111--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``who shall each'' and inserting ``who
shall, except as provided below, each''; and
(II) by striking subparagraphs (B) through (I) and
inserting the following:
``(B) each member of the Board of Governors, who shall
collectively have 1 vote on the Council;
``(C) the Comptroller of the Currency;
``(D) the Director of the Bureau;
``(E) each member of the Commission, who shall collectively
have 1 vote on the Council;
``(F) each member of the Corporation, who shall
collectively have 1 vote on the Council;
``(G) each member of the Commodity Futures Trading
Commission, who shall collectively have 1 vote on the
Council;
[[Page H6907]]
``(H) the Director of the Federal Housing Finance Agency;
``(I) each member of the National Credit Union
Administration Board, who shall collectively have 1 vote on
the Council; and'';
(ii) in paragraph (2)--
(I) by striking subparagraph (A); and
(II) by redesignating subparagraphs (B), (C), (D), and (E)
as subparagraphs (A), (B), (C), and (D), respectively; and
(iii) by adding at the end the following:
``(4) Voting by multi-person entity.--
``(A) Voting within the entity.--An entity described under
subparagraph (B), (E), (F), (G), or (I) of paragraph (1)
shall determine the entity's Council vote by using the voting
process normally applicable to votes by the entity's members.
``(B) Casting of entity vote.--The 1 collective Council
vote of an entity described under subparagraph (A) shall be
cast by the head of such agency or, in the event such head is
unable to cast such vote, the next most senior member of the
entity available.'';
(B) in subsection (c)(1), by striking ``The independent
member of the Council shall serve for a term of 6 years, and
each nonvoting member described in subparagraphs (C), (D),
and (E) of'' and inserting ``Each nonvoting members described
under'';
(C) in subsection (e), by adding at the end the following:
``(3) Staff access.--Any member of the Council may select
to have one or more individuals on the member's staff attend
a meeting of the Council, including any meeting of
representatives of the member agencies other than the members
themselves.
``(4) Congressional oversight.--All public meetings of the
Council shall be open to the attendance by members of the
authorization and oversight committees of the House of
Representatives and the Senate.
``(5) Transcription requirement for non-public meetings.--
The Council shall create and preserve transcripts for all
non-public meetings of the Council.
``(6) Member agency meetings.--Any meeting of
representatives of the member agencies other than the members
themselves shall be open to attendance by staff of the
authorization and oversight committees of the House of
Representatives and the Senate.'';
(D) by striking subsection (g) (relating to the
nonapplicability of FACA);
(E) by inserting after subsection (f) the following:
``(g) Open Meeting Requirement.--The Council shall be an
agency for purposes of section 552b of title 5, United States
Code (commonly referred to as the `Government in the Sunshine
Act').
``(h) Confidential Congressional Briefings.--The
Chairperson shall at regular times but not less than annually
provide confidential briefings to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate, which may
in the discretion of the Chairman of the respective committee
be attended by any combination of the committee's members or
staff.''; and
(F) by redesignating subsections (h) through (j) as
subsections (i) through (k), respectively;
(3) in section 112--
(A) in subsection (a)(2)--
(i) in subparagraph (A), by striking ``direct the Office of
Financial Research to'';
(ii) by striking subparagraphs (B), (H), and (I);
(iii) by redesignating subparagraphs (C), (D), (E), (F),
(G), (J), (K), (L), (M), and (N) as subparagraphs (B), (C),
(D), (E), (F), (G), (H), (I), (J), and (K), respectively;
(iv) in subparagraph (K), as so redesignated--
(I) in clause (iii), by adding ``and'' at the end;
(II) by striking clauses (iv) and (v); and
(III) by redesignating clause (vi) as clause (iv); and
(B) in subsection (d)--
(i) in paragraph (1), by striking ``the Office of Financial
Research, member agencies,'' and inserting ``member
agencies'';
(ii) in paragraph (2), by striking ``the Office of
Financial Research, any member agency,'' and inserting
``member agencies'';
(iii) in paragraph (3)--
(I) by striking ``, acting through the Office of Financial
Research,'' each place it appears; and
(II) in subparagraph (B), by striking ``the Office of
Financial Research or''; and
(iv) in paragraph (5)(A), by striking ``, the Office of
Financial Research,'';
(4) by amending section 118 to read as follows:
``SEC. 118. COUNCIL FUNDING.
``There is authorized to be appropriated to the Council
$4,000,000 for fiscal year 2018 and each fiscal year
thereafter to carry out the duties of the Council.'';
(5) in section 163--
(A) by striking subsection (a);
(B) by redesignating subsection (b) as subsection (a); and
(C) in subsection (a), as so redesignated, by striking ``or
a nonbank financial company supervised by the Board of
Governors'' each place such term appears;
(6) in section 165--
(A) by striking ``nonbank financial companies supervised by
the Board of Governors and'' each place such term appears;
(B) by striking ``nonbank financial company supervised by
the Board of Governors and'' each place such term appears;
(C) in subsection (a), by amending paragraph (2) to read as
follows:
``(2) Tailored application.--In prescribing more stringent
prudential standards under this section, the Board of
Governors may differentiate among companies on an individual
basis or by category, taking into consideration their capital
structure, riskiness, complexity, financial activities
(including the financial activities of their subsidiaries),
size, and any other risk-related factors that the Board of
Governors deems appropriate.'';
(D) in subsection (b)--
(i) in paragraph (1)(B)(iv), by striking ``, on its own or
pursuant to a recommendation made by the Council in
accordance with section 115,'';
(ii) in paragraph (2)--
(I) by striking ``foreign nonbank financial company
supervised by the Board of Governors or'';
(II) by striking ``shall--'' and all that follows through
``give due'' and inserting ``shall give due'';
(III) in subparagraph (A), by striking ``; and'' and
inserting a period; and
(IV) by striking subparagraph (B);
(iii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by striking clause (i);
(bb) by redesignating clauses (ii), (iii), and (iv) as
clauses (i), (ii), and (iii), respectively; and
(cc) in clause (iii), as so redesignated, by adding ``and''
at the end;
(II) by striking subparagraphs (B) and (C); and
(III) by redesignating subparagraph (D) as subparagraph
(B); and
(iv) in paragraph (4), by striking ``a nonbank financial
company supervised by the Board of Governors or'';
(E) in subsection (c)--
(i) in paragraph (1), by striking ``under section 115(c)'';
and
(ii) in paragraph (2)--
(I) by amending subparagraph (A) to read as follows:
``(A) any recommendations of the Council;''; and
(II) in subparagraph (D), by striking ``nonbank financial
company supervised by the Board of Governors or'';
(F) in subsection (d)--
(i) by striking ``a nonbank financial company supervised by
the Board of Governors or'' each place such term appears;
(ii) in paragraph (1), by striking ``periodically'' and
inserting ``not more often than every 2 years'';
(iii) in paragraph (3)--
(I) by striking ``The Board'' and inserting the following:
``(A) In general.--The Board'';
(II) by striking ``shall review'' and inserting the
following: ``shall--
``(i) review'';
(III) by striking the period and inserting ``; and''; and
(IV) by adding at the end the following:
``(ii) not later than the end of the 6-month period
beginning on the date the bank holding company submits the
resolution plan, provide feedback to the bank holding company
on such plan.
``(B) Disclosure of assessment framework.--The Board of
Governors shall publicly disclose, including on the website
of the Board of Governors, the assessment framework that is
used to review information under this paragraph and shall
provide the public with a notice and comment period before
finalizing such assessment framework.''.
(iv) in paragraph (6), by striking ``nonbank financial
company supervised by the Board, any bank holding company,''
and inserting ``bank holding company'';
(G) in subsection (e)--
(i) in paragraph (1), by striking ``a nonbank financial
company supervised by the Board of Governors or'';
(ii) in paragraph (3), by striking ``the nonbank financial
company supervised by the Board of Governors or'' each place
such term appears; and
(iii) in paragraph (4), by striking ``a nonbank financial
company supervised by the Board of Governors or'';
(H) in subsection (g)(1), by striking ``and any nonbank
financial company supervised by the Board of Governors'';
(I) in subsection (h)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(iii) in paragraph (1), as so redesignated, by striking
``paragraph (3)'' each place such term appears and inserting
``paragraph (2)''; and
(iv) in paragraph (2), as so redesignated--
(I) in subparagraph (A), by striking ``the nonbank
financial company supervised by the Board of Governors or
bank holding company described in subsection (a), as
applicable'' and inserting ``a bank holding company described
in subsection (a)''; and
(II) in subparagraph (B), by striking ``the nonbank
financial company supervised by the Board of Governors or a
bank holding company described in subsection (a), as
applicable'' and inserting ``a bank holding company described
in subsection (a)'';
(J) in subsection (i)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``, in coordination
with the appropriate primary financial regulatory agencies
and the Federal Insurance Office,'';
(II) in subparagraph (B)--
[[Page H6908]]
(aa) by amending clause (i) to read as follows:
``(i) shall--
``(I) issue regulations, after providing for public notice
and comment, that provide for at least 3 different sets of
conditions under which the evaluation required by this
subsection shall be conducted, including baseline, adverse,
and severely adverse, and methodologies, including models
used to estimate losses on certain assets, and the Board of
Governors shall not carry out any such evaluation until 60
days after such regulations are issued; and
``(II) provide copies of such regulations to the
Comptroller General of the United States and the Panel of
Economic Advisors of the Congressional Budget Office before
publishing such regulations;'';
(bb) in clause (ii), by striking ``and nonbank financial
companies'';
(cc) in clause (iv), by striking ``and'' at the end;
(dd) in clause (v), by striking the period and inserting
the following: ``, including any results of a resubmitted
test;''; and
(ee) by adding at the end the following:
``(vi) shall, in establishing the severely adverse
condition under clause (i), provide detailed consideration of
the model's effects on financial stability and the cost and
availability of credit;
``(vii) shall, in developing the models and methodologies
and providing them for notice and comment under this
subparagraph, publish a process to test the models and
methodologies for their potential to magnify systemic and
institutional risks instead of facilitating increased
resiliency;
``(viii) shall design and publish a process to test and
document the sensitivity and uncertainty associated with the
model system's data quality, specifications, and assumptions;
and
``(ix) shall communicate the range and sources of
uncertainty surrounding the models and methodologies.''; and
(III) by adding at the end the following:
``(C) CCAR requirements.--
``(i) Parameters and consequences applicable to ccar.--The
requirements of subparagraph (B) shall apply to CCAR.
``(ii) Two-year limitation.--The Board of Governors may not
subject a company to CCAR more than once every two years.
``(iii) Mid-cycle resubmission.--If a company receives a
quantitative objection to, or otherwise desires to amend the
company's capital plan, the company may file a new
streamlined plan at any time after a capital planning
exercise has been completed and before a subsequent capital
planning exercise.
``(iv) Limitation on qualitative capital planning
objections.--In carrying out CCAR, the Board of Governors may
not object to a company's capital plan on the basis of
qualitative deficiencies in the company's capital planning
process.
``(v) Company inquiries.--The Board of Governors shall
establish and publish procedures for responding to inquiries
from companies subject to CCAR, including establishing the
time frame in which such responses will be made, and make
such procedures publicly available.
``(vi) CCAR defined.--For purposes of this subparagraph and
subparagraph (E), the term `CCAR' means the Comprehensive
Capital Analysis and Review established by the Board of
Governors.'';
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking ``a bank holding company'' and inserting
``bank holding company'';
(bb) by striking ``semiannual'' and inserting ``annual'';
(cc) by striking ``All other financial companies'' and
inserting ``All other bank holding companies''; and
(dd) by striking ``and are regulated by a primary Federal
financial regulatory agency'';
(II) in subparagraph (B)--
(aa) by striking ``and to its primary financial regulatory
agency''; and
(bb) by striking ``primary financial regulatory agency''
the second time it appears and inserting ``Board of
Governors''; and
(III) in subparagraph (C)--
(aa) by striking ``Each Federal primary financial
regulatory agency, in coordination with the Board of
Governors and the Federal Insurance Office,'' and inserting
``The Board of Governors''; and
(bb) by striking ``consistent and comparable''; and
(iii) by adding at the end the following:
``(3) Accountability and appropriateness in bank holding
company stress tests.--
``(A) Quality and accountability assurance.--No annual test
or exercise conducted by the Board of Governors under this
subsection or any other provision of law shall serve as a
basis for restricting a capital distribution by a bank
holding company unless the Board of Governor's Vice Chair for
Supervision certifies in writing to the Congress that any
model or combination of models used therein are demonstrably
more accurate than any similar model or combination of models
utilized by the bank holding company in a stress test
conducted under paragraph (2).
``(B) Process.--Any action taken by the Board of Governors
to restrict a capital distribution by a bank holding company
on the basis of a stress test or exercise conducted by the
Board of Governors under this subsection or any other
provision of law shall be conducted pursuant to a capital
directive subject to, and issued in accordance with, section
908(b)(2) of the International Lending Supervision Act of
1983 (12 U.S.C. 3907(b)(2).'';
(K) in subsection (j)--
(i) in paragraph (1), by striking ``or a nonbank financial
company supervised by the Board of Governors''; and
(ii) in paragraph (2), by striking ``the factors described
in subsections (a) and (b) of section 113 and any other'' and
inserting ``any''; and
(L) in subsection (k)(1), by striking ``or nonbank
financial company supervised by the Board of Governors''.
(c) Treatment of Other Resolution Plan Requirements.--
(1) In general.--With respect to an appropriate Federal
banking agency that requires a banking organization to submit
to the agency a resolution plan not described under section
165(d) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act--
(A) the agency shall comply with the requirements of
paragraphs (3) and (4) of such section 165(d);
(B) the agency may not require the submission of such a
resolution plan more often than every 2 years; and
(C) paragraphs (6) and (7) of such section 165(d) shall
apply to such a resolution plan.
(2) Definitions.--For purposes of this subsection, the
terms ``appropriate Federal banking agency'' and ``banking
organization'' have the meaning given those terms,
respectively, under section 105.
(d) Actions to Create a Bank Holding Company.--Section
3(b)(1) of the Bank Holding Company Act of 1956 (12 U.S.C.
1842(b)(1)) is amended--
(1) by striking ``Upon receiving'' and inserting the
following:
``(A) In general.--Upon receiving'';
(2) by striking ``Notwithstanding any other provision'' and
inserting the following:
``(B) Immediate action.--
``(i) In general.--Notwithstanding any other provision'';
and
(3) by adding at the end the following:
``(ii) Exception.--The Board may not take any action
pursuant to clause (i) on an application that would cause any
company to become a bank holding company unless such
application involves the company acquiring a bank that is
critically undercapitalized (as such term is defined under
section 38(b) of the Federal Deposit Insurance Act).''.
(e) Concentration Limits Applied Only to Banking
Organizations.--Section 14 of the Bank Holding Company Act of
1956 (12 U.S.C. 1852) is amended--
(1) by striking ``financial company'' each place such term
appears and inserting ``banking organization'';
(2) in subsection (a)--
(A) by amending paragraph (2) to read as follows:
``(2) the term `banking organization' means--
``(A) an insured depository institution;
``(B) a bank holding company;
``(C) a savings and loan holding company;
``(D) a company that controls an insured depository
institution; and
``(E) a foreign bank or company that is treated as a bank
holding company for purposes of this Act; and'';
(B) in paragraph (3)--
(i) in subparagraph (A)(ii), by adding ``and'' at the end;
(ii) in subparagraph (B)(ii), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (C); and
(3) in subsection (b), by striking ``financial companies''
and inserting ``banking organizations''.
(f) Conforming Amendment.--Section 3502(5) of title 44,
United States Code, is amended by striking ``the Office of
Financial Research,''.
(g) Clerical Amendment.--The table of contents under
section 1(b) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act is amended by striking the items
relating to subtitle B of title I and 113, 114, 115, 116,
117, 119, 120, 121, 161, 162, 164, 166, 167, 168, 170, 172,
174, and 175.
bringing the federal deposit insurance corporation into the
appropriations process
Sec. 904.
(a) In General.--Section 10(a) of the Federal Deposit
Insurance Act (12 U.S.C. 1820(a)) is amended--
(1) by striking ``(a) The'' and inserting the following:
``(a) Powers.--
``(1) In general.--The'';
(2) by inserting ``, subject to paragraph (2),'' after
``The Board of Directors of the Corporation''; and
(3) by adding at the end the following new paragraph:
``(2) Appropriations requirement.--Except as provided under
paragraph (3), the Corporation may, only to the extent as
provided in advance by appropriations Acts, cover the costs
incurred in carrying out the provisions of this Act,
including with respect to the administrative costs of the
Corporation and the costs of the examination and supervision
of insured depository institutions.
``(3) Exception for certain programs.--Paragraph (2) shall
not apply to the Corporation's Insurance Business Line
Programs and Receivership Management Business Line Programs,
as in existence on the date of enactment of this paragraph,
and the proportion of the administrative costs of the
Corporation related to such programs.''.
(b) Examination Fees.--Section 10(e)(1) of the Federal
Deposit Insurance Act (12 U.S.C.
[[Page H6909]]
1820(e)(1)) is amended by striking ``to meet the expenses of
the Corporation in carrying out such examinations'' and
inserting ``and may be expended by the Board only to the
extent as provided in advance by appropriations Acts to cover
the costs incurred in carrying out such examinations''.
(c) Offset of Additional Fees.--The Federal Deposit
Insurance Corporation shall reduce the amount of insurance
premiums charged by the Corporation under the Federal Deposit
Insurance Act in an amount equal to any additional fees
charged by the Corporation by reason of the amendments made
by this section.
(d) Effective Date.--The amendments made by this section
shall apply with respect to expenses paid and fees collected
on or after October 1, 2018.
bringing the federal housing finance agency into the appropriations
process
Sec. 905.
(a) In General.--Section 1316 of the Housing and Community
Development Act of 1992 (12 U.S.C. 4516) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Appropriations Requirement.--
``(1) Recovery of costs of annual appropriation.--The
Agency shall collect assessments and other fees that are
designed to recover the costs to the Government of the annual
appropriation to the Agency by Congress.
``(2) Offsetting collections.--Assessments and other fees
described under paragraph (1) for any fiscal year--
``(A) shall be deposited and credited as offsetting
collections to the account providing appropriations to the
Agency; and
``(B) shall not be collected for any fiscal year except to
the extent provided in advance in appropriation Acts.''; and
(2) by striking subsection (f).
(b) Effective Date.--The amendments made by this section
shall apply with respect to expenses paid and assessments and
other fees collected on or after October 1, 2018.
bringing the examination and supervision functions of the national
credit union administration into the appropriations process
Sec. 906.
(a) Operating Fees.--Section 105(d) of the Federal Credit
Union Act (12 U.S.C. 1755(d)) is amended--
(1) by striking ``All'' and inserting ``(1) All'';
(2) by striking ``for the account of the Administration and
may be expended by the Board to defray the expenses incurred
in carrying out the provisions of this Act including the
examination and supervision of Federal credit unions'' and
inserting ``and may be expended by the Board only to the
extent as provided in advance by appropriations Acts, to
cover the costs incurred in carrying out the provisions of
this Act with respect to the costs of the examination and
supervision of Federal credit unions and the proportion of
the administrative costs of the Board related to the
examination and supervision of Federal credit unions''; and
(3) by adding at the end the following:
``(2)(A) The Board may only use amounts in the NCUA
Operating Fund to the extent as provided in advance by
appropriations Acts, including to pay for the costs incurred
by the Board in carrying out the examination and supervision
of Federal credit unions and the proportion of the
administrative costs of the Board related to the examination
and supervision of Federal credit unions.
``(B) Subparagraph (A) shall not apply to the Board's
activities carried out pursuant to title II.''.
(b) Staff Funding.--Section 120(j)(3) of the Federal Credit
Union Act (12 U.S.C. 1766(j)(3)) is amended--
(1) by inserting ``related to the examination and
supervision of Federal credit unions under this Act and the
proportion of the administrative costs of the Board related
to the examination and supervision of Federal credit unions
under this Act'' before ``shall be paid''; and
(2) by striking ``insured credit unions under this Act''
and inserting ``Federal credit unions under this title, only
to the extent as provided in advance by appropriations
Acts''.
(c) Use of Deposit Funds.--Section 202(c)(1)(B)(iv) of the
Federal Credit Union Act (12 U.S.C. 1782(c)(1)(B)(iv)) is
amended--
(1) by striking ``The'' and inserting ``To the extent
provided for in advance by appropriations Acts, the''; and
(2) by adding at the end the following new sentence: ``This
clause shall not apply to the Board's activities carried out
pursuant to this title.''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to expenses paid and fees collected
on or after October 1, 2018.
bringing the office of the comptroller of the currency into the
appropriations process
Sec. 907.
(a) In General.--Section 5240A of the Revised Statutes of
the United States (12 U.S.C. 16) is amended--
(1) by striking ``Sec. 5240A. The Comptroller of the
Currency may collect an assessment, fee, or other charge from
any entity described in section 3(q)(1) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(q)(1)), as the
Comptroller determines is necessary or appropriate to carry
out the responsibilities of the Office of the Comptroller of
the Currency. In establishing the amount of an assessment,
fee, or charge collected from an entity under this section,''
and inserting the following:
``SEC. 5240A. COLLECTION OF FEES; APPROPRIATIONS REQUIREMENT.
``(a) In General.--In establishing the amount of an
assessment, fee, or charge collected from an entity under
subsection (b),'';
(2) by striking ``Funds derived'' and all that follows
through the end of the section; and
(3) by adding at the end the following:
``(b) Appropriations Requirement.--
``(1) Recovery of costs of annual appropriation.--The
Comptroller of the Currency shall impose and collect
assessments, fees, or other charges that are designed to
recover the costs to the Government of the annual
appropriation to the Office of the Comptroller of the
Currency by Congress.
``(2) Offsetting collections.--Assessments and other fees
described under paragraph (1) for any fiscal year--
``(A) shall be deposited and credited as offsetting
collections to the account providing appropriations to the
Office of the Comptroller of the Currency; and
``(B) shall not be collected for any fiscal year except to
the extent provided in advance in appropriation Acts.''.
(b) Conforming Amendment.--Section 5240 (12 U.S.C. 481 et
seq.) of the Revised Statutes of the United States is amended
by striking the fourth undesignated paragraph.
(c) Effective Date.--The amendments made by this section
shall apply with respect to expenses paid and fees collected
on or after October 1, 2018.
bringing the non-monetary policy related functions of the board of
governors of the federal reserve system into the appropriations process
Sec. 908.
(a) In General.--The Federal Reserve Act is amended by
inserting after section 11B the following:
``SEC. 11C. APPROPRIATIONS REQUIREMENT FOR NON-MONETARY
POLICY RELATED ADMINISTRATIVE COSTS.
``(a) Appropriations Requirement.--
``(1) Recovery of costs of annual appropriation.--The Board
of Governors of the Federal Reserve System and the Federal
reserve banks shall collect assessments and other fees, as
provided under this Act, that are designed to recover the
costs to the Government of the annual appropriation to the
Board of Governors of the Federal Reserve System by Congress.
The Board of Governors of the Federal Reserve System and the
Federal reserve banks may only incur obligations or allow and
pay expenses with respect to non-monetary policy related
administrative costs pursuant to an appropriations Act.
``(2) Offsetting collections.--Assessments and other fees
described under paragraph (1) for any fiscal year--
``(A) shall be deposited and credited as offsetting
collections to the account providing appropriations to the
Board of Governors of the Federal Reserve System; and
``(B) shall not be collected for any fiscal year except to
the extent provided in advance in appropriation Acts.
``(3) Limitation.--This subsection shall only apply to the
non-monetary policy related administrative costs of the Board
of Governors of the Federal Reserve System.
``(b) Definitions.--For purposes of this section:
``(1) Monetary policy.--The term `monetary policy' means a
strategy for producing a generally acceptable exchange medium
that supports the productive employment of economic resources
by reliably serving as both a unit of account and store of
value.
``(2) Non-monetary policy related administrative costs.--
The term `non-monetary policy related administrative costs'
means administrative costs not related to the conduct of
monetary policy, and includes--
``(A) direct operating expenses for supervising and
regulating entities supervised and regulated by the Board of
Governors of the Federal Reserve System, including conducting
examinations, conducting stress tests, communicating with the
entities regarding supervisory matters and laws, and
regulations;
``(B) operating expenses for activities integral to
carrying out supervisory and regulatory responsibilities,
such as training staff in the supervisory function, research
and analysis functions including library subscription
services, and collecting and processing regulatory reports
filed by supervised institutions; and
``(C) support, overhead, and pension expenses related to
the items described under subparagraphs (A) and (B).''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to expenses paid and fees collected
on or after October 1, 2018.
increased threshold for disclosures relating to compensatory benefit
plans
Sec. 909.
Not later than 60 days after the date of the enactment of
this Act, the Securities and Exchange Commission shall revise
section 230.701(e) of title 17, Code of Federal Regulations,
so as to increase from $5,000,000 to $20,000,000 the
aggregate sales price or amount of securities sold during any
consecutive 12-month period in excess of which the issuer is
required under such section to deliver an additional
disclosure to investors. The Commission shall index for
inflation such aggregate sales price or amount every 5 years
to reflect the change in the Consumer
[[Page H6910]]
Price Index for All Urban Consumers published by the Bureau
of Labor Statistics, rounding to the nearest $1,000,000.
refunding or crediting overpayment of section 31 fees
Sec. 910.
(a) In General.--Section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) is amended by adding at the end the
following:
``(n) Overpayment.--If a national securities exchange or
national securities association pays to the Commission an
amount in excess of fees and assessments due under this
section and informs the Commission of such amount paid in
excess within 10 years of the date of the payment, the
Commission shall offset future fees and assessments due by
such exchange or association in an amount equal to such
excess amount.''.
(b) Applicability.--The amendment made by this section
shall apply to any fees and assessments paid before, on, or
after the date of enactment of this section.
safe harbor for investment fund research
Sec. 911.
(a) Expansion of the Safe Harbor.--Not later than the end
of the 45-day period beginning on the date of enactment of
this Act, the Securities and Exchange Commission shall
propose, and not later than the end of the 120-day period
beginning on such date, the Commission shall adopt, upon such
terms, conditions, or requirements as the Commission may
determine necessary or appropriate in the public interest,
for the protection of investors, and for the promotion of
capital formation, revisions to section 230.139 of title 17,
Code of Federal Regulations, to provide that a covered
investment fund research report that is published or
distributed by a broker or dealer--
(1) shall be deemed, for purposes of sections 2(a)(10) and
5(c) of the Securities Act of 1933 (15 U.S.C. 77b(a)(10),
77e(c)), not to constitute an offer for sale or an offer to
sell a security that is the subject of an offering pursuant
to a registration statement that is effective, even if the
broker or dealer is participating or will participate in the
registered offering of the covered investment fund's
securities; and
(2) shall be deemed to satisfy the conditions of subsection
(a)(1) or (a)(2) of section 230.139 of title 17, Code of
Federal Regulations, or any successor provisions, for
purposes of the Commission's rules and regulations under the
Federal securities laws and the rules of any self-regulatory
organization.
(b) Implementation of Safe Harbor.--In implementing the
safe harbor pursuant to subsection (a), the Commission
shall--
(1) not, in the case of a covered investment fund with a
class of securities in substantially continuous distribution,
condition the safe harbor on whether the broker's or dealer's
publication or distribution of a covered investment fund
research report constitutes such broker's or dealer's
initiation or reinitiation of research coverage on such
covered investment fund or its securities;
(2) not--
(A) require the covered investment fund to have been
registered as an investment company under the Investment
Company Act of 1940 (15 U.S.C. 80a-1 et seq.) or subject to
the reporting requirements of section 13 or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) for
any period exceeding the period of time referenced under
paragraph (a)(1)(i)(A)(1) of section 230.139 of title 17,
Code of Federal Regulations; or
(B) impose a minimum float provision exceeding that
referenced in paragraph (a)(1)(i)(A)(1)(i) of section 230.139
of title 17, Code of Federal Regulations;
(3) provide that a self-regulatory organization may not
maintain or enforce any rule that would--
(A) prohibit the ability of a member to publish or
distribute a covered investment fund research report solely
because the member is also participating in a registered
offering or other distribution of any securities of such
covered investment fund; or
(B) prohibit the ability of a member to participate in a
registered offering or other distribution of securities of a
covered investment fund solely because the member has
published or distributed a covered investment fund research
report about such covered investment fund or its securities;
and
(4) provide that a covered investment fund research report
shall not be subject to section 24(b) of the Investment
Company Act of 1940 (15 U.S.C. 80a-24(b)) or the rules and
regulations thereunder, except that such report may still be
subject to such section and the rules and regulations
thereunder to the extent that it is otherwise not subject to
the content standards in the rules of any self-regulatory
organization related to research reports, including those
contained in the rules governing communications with the
public regarding investment companies or substantially
similar standards.
(c) Rules of Construction.--Nothing in this Act shall be
construed as in any way limiting--
(1) the applicability of the antifraud or antimanipulation
provisions of the Federal securities laws and rules adopted
thereunder to a covered investment fund research report,
including section 17 of the Securities Act of 1933 (15 U.S.C.
77q), section 34(b) of the Investment Company Act of 1940 (15
U.S.C. 80a-33), and sections 9 and 10 of the Securities
Exchange Act of 1934 (15 U.S.C. 78i, 78j); or
(2) the authority of any self-regulatory organization to
examine or supervise a member's practices in connection with
such member's publication or distribution of a covered
investment fund research report for compliance with
applicable provisions of the Federal securities laws or self-
regulatory organization rules related to research reports,
including those contained in rules governing communications
with the public.
(d) Interim Effectiveness of Safe Harbor.--
(1) In general.--From and after the 120-day period
beginning on the date of enactment of this Act, if the
Commission has not adopted revisions to section 230.139 of
title 17, Code of Federal Regulations, as required by
subsection (a), and until such time as the Commission has
done so, a broker or dealer distributing or publishing a
covered investment fund research report after such date shall
be able to rely on the provisions of section 230.139 of title
17, Code of Federal Regulations, and the broker or dealer's
publication of such report shall be deemed to satisfy the
conditions of subsection (a)(1) or (a)(2) of section 230.139
of title 17, Code of Federal Regulations, if the covered
investment fund that is the subject of such report satisfies
the reporting history requirements (without regard to Form S-
3 or Form F-3 eligibility) and minimum float provisions of
such subsections for purposes of the Commission's rules and
regulations under the Federal securities laws and the rules
of any self-regulatory organization, as if revised and
implemented in accordance with subsections (a) and (b).
(2) Status of covered investment fund.--After such period
and until the Commission has adopted revisions to section
230.139 and FINRA has revised rule 2210, for purposes of
subsection (c)(7)(O) of such rule, a covered investment fund
shall be deemed to be a security that is listed on a national
securities exchange and that is not subject to section 24(b)
of the Investment Company Act of 1940 (15 U.S.C. 80a-24(b)).
Communications concerning only covered investment funds that
fall within the scope of such section shall not be required
to be filed with FINRA.
(e) Definitions.--For purposes of this section:
(1) The term ``covered investment fund research report''
means a research report published or distributed by a broker
or dealer about a covered investment fund or any securities
issued by the covered investment fund, but not including a
research report to the extent that it is published or
distributed by the covered investment fund or any affiliate
of the covered investment fund.
(2) The term ``covered investment fund'' means--
(A) an investment company registered under, or that has
filed an election to be treated as a business development
company under, the Investment Company Act of 1940 and that
has filed a registration statement under the Securities Act
of 1933 for the public offering of a class of its securities,
which registration statement has been declared effective by
the Commission; and
(B) a trust or other person--
(i) issuing securities in an offering registered under the
Securities Act of 1933 and which class of securities is
listed for trading on a national securities exchange;
(ii) the assets of which consist primarily of commodities,
currencies, or derivative instruments that reference
commodities or currencies, or interests in the foregoing; and
(iii) that provides in its registration statement under the
Securities Act of 1933 that a class of its securities are
purchased or redeemed, subject to conditions or limitations,
for a ratable share of its assets.
(3) The term ``FINRA'' means the Financial Industry
Regulatory Authority.
(4) The term ``research report'' has the meaning given that
term under section 2(a)(3) of the Securities Act of 1933 (15
U.S.C. 77b(a)(3)), except that such term shall not include an
oral communication.
(5) The term ``self-regulatory organization'' has the
meaning given to that term under section 3(a)(26) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(26)).
annual review of government-business forum on capital formation
Sec. 912.
Section 503 of the Small Business Investment Incentive Act
of 1980 (15 U.S.C. 80c-1) is amended by adding at the end the
following:
``(e) The Commission shall--
``(1) review the findings and recommendations of the forum;
and
``(2) each time the forum submits a finding or
recommendation to the Commission, promptly issue a public
statement--
``(A) assessing the finding or recommendation of the forum;
and
``(B) disclosing the action, if any, the Commission intends
to take with respect to the finding or recommendation.''.
helping angles lead our startups
Sec. 913.
(a) Definition of Angel Investor Group.--As used in this
subtitle, the term ``angel investor group'' means any group
that--
(1) is composed of accredited investors interested in
investing personal capital in early-stage companies;
(2) holds regular meetings and has defined processes and
procedures for making investment decisions, either
individually or among the membership of the group as a whole;
and
(3) is neither associated nor affiliated with brokers,
dealers, or investment advisers.
(b) Clarification of General Solicitation.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Securities and Exchange Commission
shall
[[Page H6911]]
revise Regulation D of its rules (17 CFR 230.500 et seq.) to
require that in carrying out the prohibition against general
solicitation or general advertising contained in section
230.502(c) of title 17, Code of Federal Regulations, the
prohibition shall not apply to a presentation or other
communication made by or on behalf of an issuer which is made
at an event--
(A) sponsored by--
(i) the United States or any territory thereof, by the
District of Columbia, by any State, by a political
subdivision of any State or territory, or by any agency or
public instrumentality of any of the foregoing;
(ii) a college, university, or other institution of higher
education;
(iii) a nonprofit organization;
(iv) an angel investor group;
(v) a venture forum, venture capital association, or trade
association; or
(vi) any other group, person or entity as the Securities
and Exchange Commission may determine by rule;
(B) where any advertising for the event does not reference
any specific offering of securities by the issuer;
(C) the sponsor of which--
(i) does not make investment recommendations or provide
investment advice to event attendees;
(ii) does not engage in an active role in any investment
negotiations between the issuer and investors attending the
event;
(iii) does not charge event attendees any fees other than
administrative fees; and
(iv) does not receive any compensation with respect to such
event that would require registration of the sponsor as a
broker or a dealer under the Securities Exchange Act of 1934,
or as an investment advisor under the Investment Advisers Act
of 1940; and
(D) where no specific information regarding an offering of
securities by the issuer is communicated or distributed by or
on behalf of the issuer, other than--
(i) that the issuer is in the process of offering
securities or planning to offer securities;
(ii) the type and amount of securities being offered;
(iii) the amount of securities being offered that have
already been subscribed for; and
(iv) the intended use of proceeds of the offering.
(2) Rule of construction.--Paragraph (1) may only be
construed as requiring the Securities and Exchange Commission
to amend the requirements of Regulation D with respect to
presentations and communications, and not with respect to
purchases or sales.
investor limitation for qualifying venture capital funds
Sec. 914.
Section 3(c)(1) of the Investment Company Act of 1940 (15
U.S.C. 80a-3(c)(1)) is amended--
(1) by inserting after ``one hundred persons'' the
following: ``(or, with respect to a qualifying venture
capital fund, 500 persons)''; and
(2) by adding at the end the following:
``(C) The term `qualifying venture capital fund' means any
venture capital fund (as defined pursuant to section
203(l)(1) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(l)(1)) with no more than $50,000,000 in aggregate
capital contributions and uncalled committed capital, as such
dollar amount is annually adjusted by the Commission to
reflect the change in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.''.
manufactured housing
Sec. 915.
(a) Mortgage Originator Definition.--Section 103 of the
Truth in Lending Act (15 U.S.C. 1602) is amended--
(1) by redesignating the second subsection (cc) and
subsection (dd) as subsections (dd) and (ee), respectively;
and
(2) in paragraph (2)(C) of subsection (dd), as so
redesignated, by striking ``an employee of a retailer of
manufactured homes who is not described in clause (i) or
(iii) of subparagraph (A) and who does not advise a consumer
on loan terms (including rates, fees, and other costs)'' and
inserting ``a retailer of manufactured or modular homes or
its employees unless such retailer or its employees receive
compensation or gain for engaging in activities described in
subparagraph (A) that is in excess of any compensation or
gain received in a comparable cash transaction''.
(b) High-Cost Mortgage Definition.--Section 103 of the
Truth in Lending Act (15 U.S.C. 1602), as amended by
subsection (a), is further amended--
(1) by redesignating subsection (aa) (relating to
disclosure of greater amount or percentage), as so designated
by section 1100A of the Consumer Financial Protection Act of
2010, as subsection (bb);
(2) by redesignating subsection (bb) (relating to high cost
mortgages), as so designated by section 1100A of the Consumer
Financial Protection Act of 2010, as subsection (aa), and
moving such subsection to immediately follow subsection (z);
and
(3) in subsection (aa)(1)(A), as so redesignated--
(A) in clause (i)(I), by striking ``(8.5 percentage points,
if the dwelling is personal property and the transaction is
for less than $50,000)'' and inserting ``(10 percentage
points if the dwelling is personal property or is a
transaction that does not include the purchase of real
property on which a dwelling is to be placed, and the
transaction is for less than $75,000 (as such amount is
adjusted by the Bureau to reflect the change in the Consumer
Price Index))''; and
(B) in clause (ii)--
(i) in subclause (I), by striking ``or'' at the end; and
(ii) by adding at the end the following:
``(III) in the case of a transaction for less than $75,000
(as such amount is adjusted by the Bureau to reflect the
change in the Consumer Price Index) in which the dwelling is
personal property (or is a consumer credit transaction that
does not include the purchase of real property on which a
dwelling is to be placed) the greater of 5 percent of the
total transaction amount or $3,000 (as such amount is
adjusted by the Bureau to reflect the change in the Consumer
Price Index); or''.
requirements for deposit account termination requests and orders
Sec. 916.
(a) Termination Requests or Orders Must Be Material.--
(1) In general.--An appropriate Federal banking agency may
not formally or informally request or order a depository
institution to terminate a specific customer account or group
of customer accounts or to otherwise restrict or discourage a
depository institution from entering into or maintaining a
banking relationship with a specific customer or group of
customers unless--
(A) the agency has a material reason for such request or
order; and
(B) such reason is not based solely on reputation risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific
customer or group of customers is, or is acting as a conduit
for, an entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the government of Iran, North Korea,
Syria, or any country listed from time to time on the State
Sponsors of Terrorism list;
(D) is located in, or is subject to the jurisdiction of,
any country specified in subparagraph (C); or
(E) does business with any entity described in subparagraph
(C) or (D), unless the appropriate Federal banking agency
determines that the customer or group of customers has used
due diligence to avoid doing business with any entity
described in subparagraph (C) or (D),
such belief shall satisfy the requirement under paragraph
(1).
(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking agency
formally or informally requests or orders a depository
institution to terminate a specific customer account or a
group of customer accounts, the agency shall--
(A) provide such request or order to the institution in
writing; and
(B) accompany such request or order with a written
justification for why such termination is needed, including
any specific laws or regulations the agency believes are
being violated by the customer or group of customers, if any.
(2) Justification requirement.--A justification described
under paragraph (1)(B) may not be based solely on the
reputation risk to the depository institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under paragraph
(2), if an appropriate Federal banking agency orders a
depository institution to terminate a specific customer
account or a group of customer accounts, the depository
institution shall inform the customer or customers of the
justification for the customer's account termination
described under subsection (b).
(2) Notice prohibited in cases of national security.--If an
appropriate Federal banking agency requests or orders a
depository institution to terminate a specific customer
account or a group of customer accounts based on a belief
that the customer or customers pose a threat to national
security, or are otherwise described under subsection (a)(2),
neither the depository institution nor the appropriate
Federal banking agency may inform the customer or customers
of the justification for the customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal
banking agency shall issue an annual report to the Congress
stating--
(1) the aggregate number of specific customer accounts that
the agency requested or ordered a depository institution to
terminate during the previous year; and
(2) the legal authority on which the agency relied in
making such requests and orders and the frequency on which
the agency relied on each such authority.
(e) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency, as defined
under section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
(B) the National Credit Union Administration, in the case
of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) an insured credit union.
[[Page H6912]]
amendments to the financial institutions reform, recovery, and
enforcement act of 1989
Sec. 917.
Section 951 of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended--
(1) in subsection (c)(2), by striking ``affecting a
federally insured financial institution'' and inserting
``against a federally insured financial institution or by a
federally insured financial institution against an
unaffiliated third person''; and
(2) in subsection (g)--
(A) in the heading, by striking ``Subpoenas'' and inserting
``Investigations''; and
(B) by amending paragraph (1)(C) to read as follows:
``(C) summon witnesses and require the production of any
books, papers, correspondence, memoranda, or other records
which the Attorney General deems relevant or material to the
inquiry, if the Attorney General--
``(i) requests a court order from a court of competent
jurisdiction for such actions and offers specific and
articulable facts showing that there are reasonable grounds
to believe that the information or testimony sought is
relevant and material for conducting an investigation under
this section; or
``(ii) either personally or through delegation no lower
than the Deputy Attorney General, issues and signs a subpoena
for such actions and such subpoena is supported by specific
and articulable facts showing that there are reasonable
grounds to believe that the information or testimony sought
is relevant for conducting an investigation under this
section.''.
safe harbor for certain loans held on portfolio
Sec. 918.
(a) In General.--Section 129C of the Truth in Lending Act
(15 U.S.C. 1639c) is amended by adding at the end the
following:
``(j) Safe Harbor for Certain Loans Held on Portfolio.--
``(1) Safe harbor for creditors that are depository
institutions.--
``(A) In general.--A creditor that is a depository
institution shall not be subject to suit for failure to
comply with subsection (a), (c)(1), or (f)(2) of this section
or section 129H with respect to a residential mortgage loan,
and the banking regulators shall treat such loan as a
qualified mortgage, if--
``(i) the creditor has, since the origination of the loan,
held the loan on the balance sheet of the creditor; and
``(ii) all prepayment penalties with respect to the loan
comply with the limitations described under subsection
(c)(3).
``(B) Exception for certain transfers.--In the case of a
depository institution that transfers a loan originated by
that institution to another depository institution by reason
of the bankruptcy or failure of the originating depository
institution or the purchase of the originating depository
institution, the depository institution transferring such
loan shall be deemed to have complied with the requirement
under subparagraph (A)(i).
``(2) Safe harbor for mortgage originators.--A mortgage
originator shall not be subject to suit for a violation of
section 129B(c)(3)(B) for steering a consumer to a
residential mortgage loan if--
``(A) the creditor of such loan is a depository institution
and has informed the mortgage originator that the creditor
intends to hold the loan on the balance sheet of the creditor
for the life of the loan; and
``(B) the mortgage originator informs the consumer that the
creditor intends to hold the loan on the balance sheet of the
creditor for the life of the loan.
``(3) Definitions.--For purposes of this subsection:
``(A) Banking regulators.--The term `banking regulators'
means the Federal banking agencies, the Bureau, and the
National Credit Union Administration.
``(B) Depository institution.--The term `depository
institution' has the meaning given that term under section
19(b)(1) of the Federal Reserve Act (12 U.S.C. 505(b)(1)).
``(C) Federal banking agencies.--The term `Federal banking
agencies' has the meaning given that term under section 3 of
the Federal Deposit Insurance Act.''.
(b) Rule of Construction.--Nothing in the amendment made by
this section may be construed as preventing a balloon loan
from qualifying for the safe harbor provided under section
129C(j) of the Truth in Lending Act if the balloon loan
otherwise meets all of the requirements under such subsection
(j), regardless of whether the balloon loan meets the
requirements described under clauses (i) through (iv) of
section 129C(b)(2)(E) of such Act.
changes required to small bank holding company policy statement on
assessment of financial and managerial factors
Sec. 919.
(a) In General.--Before the end of the 6-month period
beginning on the date of the enactment of this Act, the Board
of Governors of the Federal Reserve System shall revise the
Small Bank Holding Company Policy Statement on Assessment of
Financial and Managerial Factors (12 CFR part 225--appendix
C) to raise the consolidated asset threshold under such
policy statement from $1,000,000,000 (as adjusted by Public
Law 113-250) to $10,000,000,000.
(b) Conforming Amendment.--Subparagraph (C) of section
171(b)(5) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5371(b)(5)) is amended to read as
follows:
``(C) any bank holding company or savings and loan holding
company that is subject to the application of the Small Bank
Holding Company Policy Statement on Assessment of Financial
and Managerial Factors of the Board of Governors (12 CFR part
225--appendix C).''.
community financial institution mortgage relief
Sec. 920.
(a) Exemption From Escrow Requirements for Loans Held by
Smaller Creditors.--Section 129D of the Truth in Lending Act
(15 U.S.C. 1639d) is amended--
(1) by adding at the end the following:
``(k) Safe Harbor for Loans Held by Smaller Creditors.--
``(1) In general.--A creditor shall not be in violation of
subsection (a) with respect to a loan if--
``(A) the creditor has consolidated assets of
$10,000,000,000 or less; and
``(B) the creditor holds the loan on the balance sheet of
the creditor for the 3-year period beginning on the date of
the origination of the loan.
``(2) Exception for certain transfers.--In the case of a
creditor that transfers a loan to another person by reason of
the bankruptcy or failure of the creditor, the purchase of
the creditor, or a supervisory act or recommendation from a
State or Federal regulator, the creditor shall be deemed to
have complied with the requirement under paragraph (1)(B).'';
and
(2) by striking the term ``Board'' each place such term
appears and inserting ``Bureau''.
(b) Modification to Exemption for Small Servicers of
Mortgage Loans.--Section 6 of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2605) is amended by adding
at the end the following:
``(n) Small Servicer Exemption.--The Bureau shall, by
regulation, provide exemptions to, or adjustments for, the
provisions of this section for a servicer that annually
services 20,000 or fewer mortgage loans, in order to reduce
regulatory burdens while appropriately balancing consumer
protections.''.
regulations appropriate to business models
Sec. 921.
(a) In General.--For any regulatory action occurring after
the date of the enactment of this Act, each Federal financial
institutions regulatory agency shall--
(1) take into consideration the risk profile and business
models of each type of institution or class of institutions
subject to the regulatory action;
(2) determine the necessity, appropriateness, and impact of
applying such regulatory action to such institutions or
classes of institutions; and
(3) tailor such regulatory action in a manner that limits
the regulatory compliance impact, cost, liability risk, and
other burdens, as appropriate, for the risk profile and
business model of the institution or class of institutions
involved.
(b) Other Considerations.--In carrying out the requirements
of subsection (a), each Federal financial institutions
regulatory agency shall consider--
(1) the impact that such regulatory action, both by itself
and in conjunction with the aggregate effect of other
regulations, has on the ability of the applicable institution
or class of institutions to serve evolving and diverse
customer needs;
(2) the potential impact of examination manuals, regulatory
actions taken with respect to third-party service providers,
or other regulatory directives that may be in conflict or
inconsistent with the tailoring of such regulatory action
described in subsection (a)(3); and
(3) the underlying policy objectives of the regulatory
action and statutory scheme involved.
(c) Notice of Proposed and Final Rulemaking.--Each Federal
financial institutions regulatory agency shall disclose in
every notice of proposed rulemaking and in any final
rulemaking for a regulatory action how the agency has applied
subsections (a) and (b).
(d) Reports to Congress.--
(1) Individual agency reports.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act and annually thereafter, each
Federal financial institutions regulatory agency shall report
to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on the specific actions taken to
tailor the regulatory actions of the agency pursuant to the
requirements of this Act.
(B) Appearance before the committees.--The head of each
Federal financial institution regulatory agency shall appear
before the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate after each report is made
pursuant to subparagraph (A) to testify on the contents of
such report.
(2) FIEC reports.--
(A) In general.--Not later than 3 months after each report
is submitted under paragraph (1), the Financial Institutions
Examination Council shall report to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate on--
[[Page H6913]]
(i) the extent to which regulatory actions tailored
pursuant to this Act result in different treatment of
similarly situated institutions of diverse charter types; and
(ii) the reasons for such differential treatment.
(B) Appearance before the committees.--The Chairman of the
Financial Institutions Examination Council shall appear
before the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate after each report is made
pursuant to subparagraph (A) to testify on the contents of
such report.
(e) Limited Look-Back Application.--
(1) In general.--Each Federal financial institutions
regulatory agency shall conduct a review of all regulations
adopted during the period beginning on the date that is seven
years before the date of the introduction of this Act in the
House of Representatives and ending on the date of the
enactment of this Act, and apply the requirements of this Act
to such regulations.
(2) Revision.--If the application of the requirements of
this Act to any such regulation requires such regulation to
be revised, the applicable Federal financial institutions
regulatory agency shall revise such regulation within 3 years
of the enactment of this Act.
(f) Definitions.--In this Act, the following definitions
shall apply:
(1) Federal financial institutions regulatory agencies.--
The term ``Federal financial institutions regulatory
agencies'' means the Office of the Comptroller of the
Currency, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, the
National Credit Union Administration, and the Bureau of
Consumer Financial Protection.
(2) Regulatory action.--The term ``regulatory action''
means any proposed, interim, or final rule or regulation,
guidance, or published interpretation.
eliminating barriers to jobs for loan originators
Sec. 922.
(a) In General.--The S.A.F.E. Mortgage Licensing Act of
2008 (12 U.S.C. 5101 et seq.) is amended by adding at the end
the following:
``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS.
``(a) Temporary Authority to Originate Loans for Loan
Originators Moving From a Depository Institution to a Non-
depository Institution.--
``(1) In general.--Upon employment by a State-licensed
mortgage company, an individual who is a registered loan
originator shall be deemed to have temporary authority to act
as a loan originator in an application State for the period
described in paragraph (2) if the individual--
``(A) has not had an application for a loan originator
license denied, or had such a license revoked or suspended in
any governmental jurisdiction;
``(B) has not been subject to or served with a cease and
desist order in any governmental jurisdiction or as described
in section 1514(c);
``(C) has not been convicted of a felony that would
preclude licensure under the law of the application State;
``(D) has submitted an application to be a State-licensed
loan originator in the application State; and
``(E) was registered in the Nationwide Mortgage Licensing
System and Registry as a loan originator during the 12-month
period preceding the date of submission of the information
required under section 1505(a).
``(2) Period.--The period described in paragraph (1) shall
begin on the date that the individual submits the information
required under section 1505(a) and shall end on the earliest
of--
``(A) the date that the individual withdraws the
application to be a State-licensed loan originator in the
application State;
``(B) the date that the application State denies, or issues
a notice of intent to deny, the application;
``(C) the date that the application State grants a State
license; or
``(D) the date that is 120 days after the date on which the
individual submits the application, if the application is
listed on the Nationwide Mortgage Licensing System and
Registry as incomplete.
``(b) Temporary Authority to Originate Loans for State-
licensed Loan Originators Moving Interstate.--
``(1) In general.--A State-licensed loan originator shall
be deemed to have temporary authority to act as a loan
originator in an application State for the period described
in paragraph (2) if the State-licensed loan originator--
``(A) meets the requirements of subparagraphs (A), (B),
(C), and (D) of subsection (a)(1);
``(B) is employed by a State-licensed mortgage company in
the application State; and
``(C) was licensed in a State that is not the application
State during the 30-day period preceding the date of
submission of the information required under section 1505(a)
in connection with the application submitted to the
application State.
``(2) Period.--The period described in paragraph (1) shall
begin on the date that the State-licensed loan originator
submits the information required under section 1505(a) in
connection with the application submitted to the application
State and end on the earliest of--
``(A) the date that the State-licensed loan originator
withdraws the application to be a State-licensed loan
originator in the application State;
``(B) the date that the application State denies, or issues
a notice of intent to deny, the application;
``(C) the date that the application State grants a State
license; or
``(D) the date that is 120 days after the date on which the
State-licensed loan originator submits the application, if
the application is listed on the Nationwide Mortgage
Licensing System and Registry as incomplete.
``(c) Applicability.--
``(1) Any person employing an individual who is deemed to
have temporary authority to act as a loan originator in an
application State pursuant to this section shall be subject
to the requirements of this title and to applicable State law
to the same extent as if such individual was a State-licensed
loan originator licensed by the application State.
``(2) Any individual who is deemed to have temporary
authority to act as a loan originator in an application State
pursuant to this section and who engages in residential
mortgage loan origination activities shall be subject to the
requirements of this title and to applicable State law to the
same extent as if such individual was a State-licensed loan
originator licensed by the application State.
``(d) Definitions.--In this section, the following
definitions shall apply:
``(1) State-licensed mortgage company.--The term `State-
licensed mortgage company' means an entity licensed or
registered under the law of any State to engage in
residential mortgage loan origination and processing
activities.
``(2) Application state.--The term `application State'
means a State in which a registered loan originator or a
State-licensed loan originator seeks to be licensed.''.
(b) Table of Contents Amendment.--The table of contents in
section 1(b) of the Housing and Economic Recovery Act of 2008
(42 U.S.C. 4501 note) is amended by inserting after the item
relating to section 1517 the following:
``Sec. 1518. Employment transition of loan originators.''.
(c) Amendment to Civil Liability of the Bureau and Other
Officials.--Section 1513 of the S.A.F.E. Mortgage Licensing
Act of 2008 (12 U.S.C. 5112) is amended by striking ``are
loan originators or are applying for licensing or
registration as loan originators'' and inserting ``are
applying for licensing or registration using the Nationwide
Mortgage Licensing System and Registry''.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on the date that is 18
months after the date of the enactment of this Act.
small business loan data collection requirement
Sec. 923.
(a) Repeal.--Section 704B of the Equal Credit Opportunity
Act (15 U.S.C. 1691c-2) is repealed.
(b) Conforming Amendments.--Section 701(b) of the Equal
Credit Opportunity Act (15 U.S.C. 1691(b)) is amended--
(1) in paragraph (3), by inserting ``or'' at the end;
(2) in paragraph (4), by striking ``; or'' and inserting a
period; and
(3) by striking paragraph (5).
(c) Clerical Amendment.--The table of sections for title
VII of the Consumer Credit Protection Act is amended by
striking the item relating to section 704B.
depository institutions subject to maintenance of records and
disclosure requirements
Sec. 924.
(a) In General.--Section 304 of the Home Mortgage
Disclosure Act of 1975 (12 U.S.C. 2803) is amended--
(1) by redesignating subsection (i) as paragraph (2) and
adjusting the margin appropriately; and
(2) by inserting before such paragraph (2) the following:
``(i) Exemptions.--
``(1) In general.--With respect to a depository
institution, the requirements of subsections (a) and (b)
shall not apply--
``(A) with respect to closed-end mortgage loans, if such
depository institution originated less than 100 closed-end
mortgage loans in each of the two preceding calendar years;
and
``(B) with respect to open-end lines of credit, if such
depository institution originated less than 200 open-end
lines of credit in each of the two preceding calendar
years.''.
(b) Technical Correction.--Section 304(i)(2) of such Act,
as redesignated by subsection (a), is amended by striking
``section 303(2)(A)'' and inserting ``section 303(3)(A)''.
rate of interest after transfer of loan
Sec. 925.
(a) Amendment to the Revised Statutes.--Section 5197 of the
Revised Statutes of the United States (12 U.S.C. 85) is
amended by adding at the end the following new sentence: ``A
loan that is valid when made as to its maximum rate of
interest in accordance with this section shall remain valid
with respect to such rate regardless of whether the loan is
subsequently sold, assigned, or otherwise transferred to a
third party, and may be enforced by such third party
notwithstanding any State law to the contrary.''.
(b) Amendment to the Home Owners' Loan Act.--Section
4(g)(1) of the Home Owners' Loan Act (12 U.S.C. 1463(g)(1))
is amended by adding at the end the following new sentence:
``A loan that is valid when made as to
[[Page H6914]]
its maximum rate of interest in accordance with this
subsection shall remain valid with respect to such rate
regardless of whether the loan is subsequently sold,
assigned, or otherwise transferred to a third party, and may
be enforced by such third party notwithstanding any State law
to the contrary.''.
(c) Amendment to the Federal Credit Union Act.--Section
205(g)(1) of the Federal Credit Union Act (12 U.S.C.
1785(g)(1)) is amended by adding at the end the following new
sentence: ``A loan that is valid when made as to its maximum
rate of interest in accordance with this subsection shall
remain valid with respect to such rate regardless of whether
the loan is subsequently sold, assigned, or otherwise
transferred to a third party, and may be enforced by such
third party notwithstanding any State law to the contrary.''.
(d) Amendment to the Federal Deposit Insurance Act.--
Section 27(a) of the Federal Deposit Insurance Act (12 U.S.C.
1831d(a)) is amended by adding at the end the following new
sentence: ``A loan that is valid when made as to its maximum
rate of interest in accordance with this section shall remain
valid with respect to such rate regardless of whether the
loan is subsequently sold, assigned, or otherwise transferred
to a third party, and may be enforced by such third party
notwithstanding any State law to the contrary.''.
bringing the bureau into the regular appropriations process
Sec. 926.
(a) In General.--Section 1017 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5497) is amended--
(1) in subsection (a)--
(A) by amending the heading of such subsection to read as
follows: ``Budget, Financial Management, and Audit.--'';
(B) by striking paragraphs (1), (2), and (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(1) and (2), respectively; and
(D) by striking subparagraphs (E) and (F) of paragraph (1),
as so redesignated;
(2) by striking subsections (b) and (c);
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively; and
(4) in subsection (c), as so redesignated--
(A) by striking paragraphs (1), (2), and (3) and inserting
the following:
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Bureau for each of fiscal years
2018 and 2019 an amount equal to the aggregate amount of
funds transferred by the Board of Governors to the Bureau
during fiscal year 2015.''; and
(B) by redesignating paragraph (4) as paragraph (2).
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on October 1, 2018.
(2) Immediate repeal of reviewability provision.--
Notwithstanding paragraph (1), subparagraph (C) of section
1017(a)(2) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5497(a)(2)) is repealed effective on the date of
the enactment of this Act.
elimination of supervision authority
Sec. 927.
(a) In General.--The Consumer Financial Protection Act of
2010 (12 U.S.C. 5481 et seq.) is amended--
(1) in section 1002(15)(B)(ii)(I), by striking
``examination or'';
(2) in section 1013(a)(1)(B), by striking ``compliance
examiners, compliance supervision analysts,'';
(3) in section 1016(c)--
(A) in paragraph (5), by striking ``supervisory and''; and
(B) in paragraph (6), by striking ``orders, and supervisory
actions'' and inserting ``and orders'';
(4) in section 1024--
(A) in the heading, by striking ``supervision of'' and
inserting ``authority with respect to certain'';
(B) in subsection (a)--
(i) in paragraph (1)(B), by striking ``as defined by rule
in accordance with paragraph (2)'' and inserting ``as of the
date of the enactment of the Financial CHOICE Act of 2017'';
(ii) by striking paragraph (2);
(iii) by redesignating paragraph (3) as paragraph (2); and
(iv) in subparagraph (A) of paragraph (2), as so
redesignated, by striking ``1025(a) or'';
(C) by striking subsection (b);
(D) by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively;
(E) in subsection (c), as so redesignated--
(i) in the heading, by striking ``and Examination
Authority''; and
(ii) by striking ``, conduct examinations,'' each place
such term appears;
(F) in subsection (d), as so redesignated--
(i) by inserting ``rulemaking and enforcement, but not
supervisory,'' before ``authority of the Bureau''; and
(ii) by striking ``conducting any examination or requiring
any report from a service provider subject to this
subsection'' and inserting ``carrying out any authority
pursuant to this subsection with respect to a service
provider'';
(5) by striking section 1025;
(6) in section 1026--
(A) by amending subsection (a) to read as follows:
``(a) Scope of Coverage.--This section shall apply to any
covered person that is an insured depository institution or
an insured credit union.'';
(B) in subsection (b)(3), by striking ``report of
examination or related'';
(C) by striking subsection (c);
(D) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively;
(E) in subsection (c), as so redesignated, by adding at the
end the following:
``(3) Very large institutions.--
``(A) Primary enforcement authority.--Notwithstanding
paragraph (1), to the extent that the Bureau and another
Federal agency are authorized to enforce a Federal consumer
financial law, the Bureau shall have primary authority to
enforce that Federal consumer financial law with respect to
an insured depository institution or insured credit union, if
such depository institution or credit union has total assets
of more than $10,000,000,000, and any affiliate thereof.
``(B) Referral.--Any Federal agency, other than the Federal
Trade Commission, that is authorized to enforce a Federal
consumer financial law may recommend, in writing, to the
Bureau that the Bureau initiate an enforcement proceeding
with respect to a person described in subparagraph (A), as
the Bureau is authorized to do by that Federal consumer
financial law.
``(C) Backup enforcement authority.--If the Bureau does
not, before the end of the 120-day period beginning on the
date on which the Bureau receives a recommendation under
subparagraph (B), initiate an enforcement proceeding, the
other agency referred to in subparagraph (B) may initiate an
enforcement proceeding.''; and
(F) in subsection (d), as so redesignated--
(i) by inserting after ``subsection (a)'' the following:
``, or to any person described under subsection (c)(3)(A),'';
(ii) by striking ``section 1025'' and inserting ``this
section''; and
(iii) by striking ``When conducting any examination or
requiring any report from a service provider subject to this
subsection'' and inserting ``In carrying out any authority
pursuant to this subsection with respect to a service
provider'';
(7) in section 1027--
(A) by striking ``supervisory,'' each place such term
appears;
(B) in subsection (e)(1), by striking ``supervisory or'';
and
(C) in subsection (p), by striking ``section 1024(c)(1)''
and inserting ``section 1024(b)(1)'';
(8) in section 1034--
(A) by striking subsections (b) and (c); and
(B) by redesignating subsection (d) as subsection (b);
(9) in section 1053--
(A) in subsection (b)(1)(A), by striking ``sections 1024,
1025, and 1026'' and inserting ``sections 1024 and 1026'';
and
(B) in subsection (c)(3)(B)(ii)(II), by striking ``, by
examination or otherwise,'';
(10) in section 1054(a), by striking ``sections 1024, 1025,
and 1026'' and inserting ``sections 1024 and 1026'';
(11) in section 1061--
(A) in subsection (a)(1)--
(i) in subparagraph (A), by striking ``; and'' at the end
and inserting a period;
(ii) by striking ``means--'' and all that follows through
``(A) all'' and inserting ``means all''; and
(iii) by striking subparagraph (B); and
(B) in subsection (c)--
(i) by amending paragraph (1) to read as follows:
``(1) Examination.--A transferor agency that is a
prudential regulator shall have exclusive authority (relative
to the Bureau) to require reports from and conduct
examinations for compliance with Federal consumer financial
laws with respect to a person described in section
1026(a).''; and
(ii) in paragraph (2)--
(I) by striking subparagraph (A); and
(II) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(12) in section 1063, by striking ``sections 1024, 1025,
and 1026'' each place such term appears and inserting
``sections 1024 and 1026''; and
(13) in section 1067, by striking subsection (e).
(b) Home Mortgage Disclosure Act of 1975.--Section 305(d)
of the Home Mortgage Disclosure Act of 1975 (12 U.S.C.
2804(d)) is amended by striking ``examine and''.
(c) Omnibus Appropriations Act, 2009.--Section 626 of the
Omnibus Appropriations Act, 2009 (15 U.S.C. 1638 note) is
repealed.
(d) Clerical Amendment.--The table of contents in section
1(b) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act is amended--
(1) in the item relating to section 1024, by striking
``SUPERVISION OF'' and inserting ``AUTHORITY WITH RESPECT TO
CERTAIN''; and
(2) by striking the item relating to section 1025.
removal of authority to regulate small-dollar credit
Sec. 928.
The Consumer Financial Protection Act of 2010 (12 U.S.C.
5481 et seq.) is amended--
(1) in section 1024(a)(1)--
(A) in subparagraph (C), by adding ``or'' at the end;
(B) in subparagraph (D), by striking ``; or'' and inserting
a period; and
(C) by striking subparagraph (E); and
(2) in section 1027, by adding at the end the following:
``(t) No Authority to Regulate Small-dollar Credit.--The
Bureau may not exercise any rulemaking, enforcement, or other
[[Page H6915]]
authority with respect to payday loans, vehicle title loans,
or other similar loans.''.
removal of bureau udaap authority
Sec. 929.
(a) In General.--The Consumer Financial Protection Act of
2010 (12 U.S.C. 5481 et seq.) is amended--
(1) in section 1021(b)(2), by striking ``from unfair,
deceptive, or abusive acts and practices and'';
(2) by striking section 1031;
(3) in section 1036(a)--
(A) in paragraph (1)--
(i) by striking ``provider'' and all that follows through
``to offer'' and inserting ``provider to offer'';
(ii) by striking subparagraph (B); and
(B) in paragraph (2)(C), by striking ``; or'' at the end
and inserting a period; and
(C) by striking paragraph (3); and
(4) in section 1061(b)(5)--
(A) in subparagraph (B)--
(i) by striking ``(i) In general.--''; and
(ii) by striking clause (ii);
(B) by striking subparagraph (D); and
(C) by redesignating subparagraph (E) as subparagraph (D);
and
(5) in section 1076(b)(2), by striking ``determine--'' and
all that follows through ``(B) provide for'' and inserting
``determine, provide for''.
(b) Telemarketing and Consumer Fraud and Abuse Prevention
Act.--Section 3(c) of the Telemarketing and Consumer Fraud
and Abuse Prevention Act (15 U.S.C. 6102) is amended--
(1) in paragraph (1), by striking ``; and'' at the end and
inserting a period;
(2) by striking paragraph (2); and
(3) by striking ``subsection (a)--'' and all that follows
through ``(1) shall'' and inserting ``subsection (a) shall''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act is amended by striking the item relating to
section 1031.
repeal of authority to restrict arbitration
Sec. 930.
(a) In General.--Section 1028 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5518) is hereby repealed.
(b) Clerical Amendment.--The table of contents under
section 1(b) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act is amended by striking the item
relating to section 1028.
exemption from risk retention requirements for nonresidential mortgage
Sec. 931.
(a) In General.--Section 15G of the Securities Exchange Act
of 1934 (15 U.S.C. 78o-11) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), by striking ``and'' at the end;
(B) in paragraph (4)(B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) the term `asset-backed security' refers only to an
asset-backed security that is comprised wholly of residential
mortgages.'';
(2) in subsection (b)--
(A) by striking paragraph (1); and
(B) by striking ``(2) Residential mortgages.--'';
(3) by striking subsection (h) and redesignating subsection
(i) as subsection (h); and
(4) in subsection (h) (as so redesignated)--
(A) by striking ``effective--'' and all that follows
through ``(1) with respect to'' and inserting ``effective
with respect to'';
(B) in paragraph (1), by striking ``; and'' and inserting a
period; and
(C) by striking paragraph (2).
(b) Conforming Amendment.--Section 941 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act is amended by
striking subsection (c).
prohibition on requiring a single ballot
Sec. 932.
Section 14 of the Securities Exchange Act of 1934 (15
U.S.C. 78n) is amended by adding at the end the following:
``(k) Prohibition on Requiring a Single Ballot.--The
Commission may not require that a solicitation of a proxy,
consent, or authorization to vote a security of an issuer in
an election of members of the board of directors of the
issuer be made using a single ballot or card that lists both
individuals nominated by (or on behalf of) the issuer and
individuals nominated by (or on behalf of) other proponents
and permits the person granting the proxy, consent, or
authorization to select from among individuals in both
groups.''.
repeal of the volcker rule and other provisions
Sec. 933.
(a) In General.--The following sections of title VI of the
Dodd-Frank Wall Street Reform and Consumer Protection Act are
repealed, and the provisions of law amended or repealed by
such sections are restored or revived as if such sections had
not been enacted:
(1) Section 618.
(2) Section 619.
(3) Section 620.
(b) Clerical Amendment.--The table of contents under
section 1(b) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act is amended by striking the items
relating to sections 618, 619, and 620.
TITLE X--FINANCIAL INSTITUTION BANKRUPTCY
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Financial Institution
Bankruptcy Act of 2017''.
SEC. 2. GENERAL PROVISIONS RELATING TO COVERED FINANCIAL
CORPORATIONS.
(a) Definition.--Section 101 of title 11, United States
Code, is amended by inserting the following after paragraph
(9):
``(9A) The term `covered financial corporation' means any
corporation incorporated or organized under any Federal or
State law, other than a stockbroker, a commodity broker, or
an entity of the kind specified in paragraph (2) or (3) of
section 109(b), that is--
``(A) a bank holding company, as defined in section 2(a) of
the Bank Holding Company Act of 1956; or
``(B) a corporation that exists for the primary purpose of
owning, controlling and financing its subsidiaries, that has
total consolidated assets of $50,000,000,000 or greater, and
for which, in its most recently completed fiscal year--
``(i) annual gross revenues derived by the corporation and
all of its subsidiaries from activities that are financial in
nature (as defined in section 4(k) of the Bank Holding
Company Act of 1956) and, if applicable, from the ownership
or control of one or more insured depository institutions,
represents 85 percent or more of the consolidated annual
gross revenues of the corporation; or
``(ii) the consolidated assets of the corporation and all
of its subsidiaries related to activities that are financial
in nature (as defined in section 4(k) of the Bank Holding
Company Act of 1956) and, if applicable, related to the
ownership or control of one or more insured depository
institutions, represents 85 percent or more of the
consolidated assets of the corporation.''.
(b) Applicability of Chapters.--Section 103 of title 11,
United States Code, is amended by adding at the end the
following:
``(l) Subchapter V of chapter 11 of this title applies only
in a case under chapter 11 concerning a covered financial
corporation.''.
(c) Who May Be a Debtor.--Section 109 of title 11, United
States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) in paragraph (3)(B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(4) a covered financial corporation.''; and
(2) in subsection (d)--
(A) by striking ``and'' before ``an uninsured State member
bank'';
(B) by striking ``or'' before ``a corporation''; and
(C) by inserting ``, or a covered financial corporation''
after ``Federal Deposit Insurance Corporation Improvement Act
of 1991''.
(d) Conversion to Chapter 7.--Section 1112 of title 11,
United States Code, is amended by adding at the end the
following:
``(g) Notwithstanding section 109(b), the court may convert
a case under subchapter V to a case under chapter 7 if--
``(1) a transfer approved under section 1185 has been
consummated;
``(2) the court has ordered the appointment of a special
trustee under section 1186; and
``(3) the court finds, after notice and a hearing, that
conversion is in the best interest of the creditors and the
estate.''.
(e)(1) Section 726(a)(1) of title 11, United States Code,
is amended by inserting after ``first,'' the following: ``in
payment of any unpaid fees, costs, and expenses of a special
trustee appointed under section 1186, and then''.
(2) Section 1129(a) of title 11, United States Code, is
amended by inserting after paragraph (16) the following:
``(17) In a case under subchapter V, all payable fees,
costs, and expenses of the special trustee have been paid or
the plan provides for the payment of all such fees, costs,
and expenses on the effective date of the plan.
``(18) In a case under subchapter V, confirmation of the
plan is not likely to cause serious adverse effects on
financial stability in the United States.''.
(f) Section 322(b)(2) of title 11, United States Code, is
amended by striking ``The'' and inserting ``In cases under
subchapter V, the United States trustee shall recommend to
the court, and in all other cases, the''.
SEC. 3. LIQUIDATION, REORGANIZATION, OR RECAPITALIZATION OF A
COVERED FINANCIAL CORPORATION.
Chapter 11 of title 11, United States Code, is amended by
adding at the end the following:
``SUBCHAPTER V--LIQUIDATION, REORGANIZATION, OR RECAPITALIZATION OF A
COVERED FINANCIAL CORPORATION
``Sec. 1181. Inapplicability of other sections
``Sections 303 and 321(c) do not apply in a case under this
subchapter concerning a covered financial corporation.
Section 365 does not apply to a transfer under section 1185,
1187, or 1188.
``Sec. 1182. Definitions for this subchapter
``In this subchapter, the following definitions shall
apply:
``(1) The term `Board' means the Board of Governors of the
Federal Reserve System.
``(2) The term `bridge company' means a newly formed
corporation to which property of the estate may be
transferred under section 1185(a) and the equity securities
of which may be transferred to a special trustee under
section 1186(a).
``(3) The term `capital structure debt' means all unsecured
debt of the debtor for borrowed money for which the debtor is
the
[[Page H6916]]
primary obligor, other than a qualified financial contract
and other than debt secured by a lien on property of the
estate that is to be transferred to a bridge company pursuant
to an order of the court under section 1185(a).
``(4) The term `contractual right' means a contractual
right of a kind defined in section 555, 556, 559, 560, or
561.
``(5) The term `qualified financial contract' means any
contract of a kind defined in paragraph (25), (38A), (47), or
(53B) of section 101, section 741(7), or paragraph (4), (5),
(11), or (13) of section 761.
``(6) The term `special trustee' means the trustee of a
trust formed under section 1186(a)(1).
``Sec. 1183. Commencement of a case concerning a covered
financial corporation
``(a) A case under this subchapter concerning a covered
financial corporation may be commenced by the filing of a
petition with the court by the debtor under section 301 only
if the debtor states to the best of its knowledge under
penalty of perjury in the petition that it is a covered
financial corporation.
``(b) The commencement of a case under subsection (a)
constitutes an order for relief under this subchapter.
``(c) The members of the board of directors (or body
performing similar functions) of a covered financial
corporation shall have no liability to shareholders,
creditors, or other parties in interest for a good faith
filing of a petition to commence a case under this
subchapter, or for any reasonable action taken in good faith
in contemplation of such a petition or a transfer under
section 1185 or section 1186, whether prior to or after
commencement of the case.
``(d) Counsel to the debtor shall provide, to the greatest
extent practicable without disclosing the identity of the
potential debtor, sufficient confidential notice to the chief
judge of the court of appeals for the circuit embracing the
district in which such counsel intends to file a petition to
commence a case under this subchapter regarding the potential
commencement of such case. The chief judge of such court
shall randomly assign to preside over such case a bankruptcy
judge selected from among the bankruptcy judges designated by
the Chief Justice of the United States under section 298 of
title 28.
``Sec. 1184. Regulators
``The Board, the Securities Exchange Commission, the Office
of the Comptroller of the Currency of the Department of the
Treasury, the Commodity Futures Trading Commission, and the
Federal Deposit Insurance Corporation may raise and may
appear and be heard on any issue in any case or proceeding
under this subchapter.
``Sec. 1185. Special transfer of property of the estate
``(a) On request of the trustee, and after notice and a
hearing that shall occur not less than 24 hours after the
order for relief, the court may order a transfer under this
section of property of the estate, and the assignment of
executory contracts, unexpired leases, and qualified
financial contracts of the debtor, to a bridge company. Upon
the entry of an order approving such transfer, any property
transferred, and any executory contracts, unexpired leases,
and qualified financial contracts assigned under such order
shall no longer be property of the estate. Except as provided
under this section, the provisions of section 363 shall apply
to a transfer and assignment under this section.
``(b) Unless the court orders otherwise, notice of a
request for an order under subsection (a) shall consist of
electronic or telephonic notice of not less than 24 hours
to--
``(1) the debtor;
``(2) the holders of the 20 largest secured claims against
the debtor;
``(3) the holders of the 20 largest unsecured claims
against the debtor;
``(4) counterparties to any debt, executory contract,
unexpired lease, and qualified financial contract requested
to be transferred under this section;
``(5) the Board;
``(6) the Federal Deposit Insurance Corporation;
``(7) the Secretary of the Treasury and the Office of the
Comptroller of the Currency of the Treasury;
``(8) the Commodity Futures Trading Commission;
``(9) the Securities and Exchange Commission;
``(10) the United States trustee or bankruptcy
administrator; and
``(11) each primary financial regulatory agency, as defined
in section 2(12) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, with respect to any affiliate the
equity securities of which are proposed to be transferred
under this section.
``(c) The court may not order a transfer under this section
unless the court determines, based upon a preponderance of
the evidence, that--
``(1) the transfer under this section is necessary to
prevent serious adverse effects on financial stability in the
United States;
``(2) the transfer does not provide for the assumption of
any capital structure debt by the bridge company;
``(3) the transfer does not provide for the transfer to the
bridge company of any property of the estate that is subject
to a lien securing a debt, executory contract, unexpired
lease or agreement (including a qualified financial contract)
of the debtor unless--
``(A)(i) the bridge company assumes such debt, executory
contract, unexpired lease or agreement (including a qualified
financial contract), including any claims arising in respect
thereof that would not be allowed secured claims under
section 506(a)(1) and after giving effect to such transfer,
such property remains subject to the lien securing such debt,
executory contract, unexpired lease or agreement (including a
qualified financial contract); and
``(ii) the court has determined that assumption of such
debt, executory contract, unexpired lease or agreement
(including a qualified financial contract) by the bridge
company is in the best interests of the estate; or
``(B) such property is being transferred to the bridge
company in accordance with the provisions of section 363;
``(4) the transfer does not provide for the assumption by
the bridge company of any debt, executory contract, unexpired
lease or agreement (including a qualified financial contract)
of the debtor secured by a lien on property of the estate
unless the transfer provides for such property to be
transferred to the bridge company in accordance with
paragraph (3)(A) of this subsection;
``(5) the transfer does not provide for the transfer of the
equity of the debtor;
``(6) the trustee has demonstrated that the bridge company
is not likely to fail to meet the obligations of any debt,
executory contract, qualified financial contract, or
unexpired lease assumed and assigned to the bridge company;
``(7) the transfer provides for the transfer to a special
trustee all of the equity securities in the bridge company
and appointment of a special trustee in accordance with
section 1186;
``(8) after giving effect to the transfer, adequate
provision has been made for the fees, costs, and expenses of
the estate and special trustee; and
``(9) the bridge company will have governing documents, and
initial directors and senior officers, that are in the best
interest of creditors and the estate.
``(d) Immediately before a transfer under this section, the
bridge company that is the recipient of the transfer shall--
``(1) not have any property, executory contracts, unexpired
leases, qualified financial contracts, or debts, other than
any property acquired or executory contracts, unexpired
leases, or debts assumed when acting as a transferee of a
transfer under this section; and
``(2) have equity securities that are property of the
estate, which may be sold or distributed in accordance with
this title.
``Sec. 1186. Special trustee
``(a)(1) An order approving a transfer under section 1185
shall require the trustee to transfer to a qualified and
independent special trustee, who is appointed by the court,
all of the equity securities in the bridge company that is
the recipient of a transfer under section 1185 to hold in
trust for the sole benefit of the estate, subject to
satisfaction of the special trustee's fees, costs, and
expenses. The trust of which the special trustee is the
trustee shall be a newly formed trust governed by a trust
agreement approved by the court as in the best interests of
the estate, and shall exist for the sole purpose of holding
and administering, and shall be permitted to dispose of, the
equity securities of the bridge company in accordance with
the trust agreement.
``(2) In connection with the hearing to approve a transfer
under section 1185, the trustee shall confirm to the court
that the Board has been consulted regarding the identity of
the proposed special trustee and advise the court of the
results of such consultation.
``(b) The trust agreement governing the trust shall
provide--
``(1) for the payment of the fees, costs, expenses, and
indemnities of the special trustee from the assets of the
debtor's estate;
``(2) that the special trustee provide--
``(A) quarterly reporting to the estate, which shall be
filed with the court; and
``(B) information about the bridge company reasonably
requested by a party in interest to prepare a disclosure
statement for a plan providing for distribution of any
securities of the bridge company if such information is
necessary to prepare such disclosure statement;
``(3) that for as long as the equity securities of the
bridge company are held by the trust, the special trustee
shall file a notice with the court in connection with--
``(A) any change in a director or senior officer of the
bridge company;
``(B) any modification to the governing documents of the
bridge company; and
``(C) any material corporate action of the bridge company,
including--
``(i) recapitalization;
``(ii) a material borrowing;
``(iii) termination of an intercompany debt or guarantee;
``(iv) a transfer of a substantial portion of the assets of
the bridge company; or
``(v) the issuance or sale of any securities of the bridge
company;
``(4) that any sale of any equity securities of the bridge
company shall not be consummated until the special trustee
consults with the Federal Deposit Insurance Corporation and
the Board regarding such sale and discloses the results of
such consultation with the court;
``(5) that, subject to reserves for payments permitted
under paragraph (1) provided for in the trust agreement, the
proceeds of the sale
[[Page H6917]]
of any equity securities of the bridge company by the special
trustee be held in trust for the benefit of or transferred to
the estate;
``(6) the process and guidelines for the replacement of the
special trustee; and
``(7) that the property held in trust by the special
trustee is subject to distribution in accordance with
subsection (c).
``(c)(1) The special trustee shall distribute the assets
held in trust--
``(A) if the court confirms a plan in the case, in
accordance with the plan on the effective date of the plan;
or
``(B) if the case is converted to a case under chapter 7,
as ordered by the court.
``(2) As soon as practicable after a final distribution
under paragraph (1), the office of the special trustee shall
terminate, except as may be necessary to wind up and conclude
the business and financial affairs of the trust.
``(d) After a transfer to the special trustee under this
section, the special trustee shall be subject only to
applicable nonbankruptcy law, and the actions and conduct of
the special trustee shall no longer be subject to approval by
the court in the case under this subchapter.
``Sec. 1187. Temporary and supplemental automatic stay;
assumed debt
``(a)(1) A petition filed under section 1183 operates as a
stay, applicable to all entities, of the termination,
acceleration, or modification of any debt, contract, lease,
or agreement of the kind described in paragraph (2), or of
any right or obligation under any such debt, contract, lease,
or agreement, solely because of--
``(A) a default by the debtor under any such debt,
contract, lease, or agreement; or
``(B) a provision in such debt, contract, lease, or
agreement, or in applicable nonbankruptcy law, that is
conditioned on--
``(i) the insolvency or financial condition of the debtor
at any time before the closing of the case;
``(ii) the commencement of a case under this title
concerning the debtor;
``(iii) the appointment of or taking possession by a
trustee in a case under this title concerning the debtor or
by a custodian before the commencement of the case; or
``(iv) a credit rating agency rating, or absence or
withdrawal of a credit rating agency rating--
``(I) of the debtor at any time after the commencement of
the case;
``(II) of an affiliate during the period from the
commencement of the case until 48 hours after such order is
entered;
``(III) of the bridge company while the trustee or the
special trustee is a direct or indirect beneficial holder of
more than 50 percent of the equity securities of--
``(aa) the bridge company; or
``(bb) the affiliate, if all of the direct or indirect
interests in the affiliate that are property of the estate
are transferred under section 1185; or
``(IV) of an affiliate while the trustee or the special
trustee is a direct or indirect beneficial holder of more
than 50 percent of the equity securities of--
``(aa) the bridge company; or
``(bb) the affiliate, if all of the direct or indirect
interests in the affiliate that are property of the estate
are transferred under section 1185.
``(2) A debt, contract, lease, or agreement described in
this paragraph is--
``(A) any debt (other than capital structure debt),
executory contract, or unexpired lease of the debtor (other
than a qualified financial contract);
``(B) any agreement under which the debtor issued or is
obligated for debt (other than capital structure debt);
``(C) any debt, executory contract, or unexpired lease of
an affiliate (other than a qualified financial contract); or
``(D) any agreement under which an affiliate issued or is
obligated for debt.
``(3) The stay under this subsection terminates--
``(A) for the benefit of the debtor, upon the earliest of--
``(i) 48 hours after the commencement of the case;
``(ii) assumption of the debt, contract, lease, or
agreement by the bridge company under an order authorizing a
transfer under section 1185;
``(iii) a final order of the court denying the request for
a transfer under section 1185; or
``(iv) the time the case is dismissed; and
``(B) for the benefit of an affiliate, upon the earliest
of--
``(i) the entry of an order authorizing a transfer under
section 1185 in which the direct or indirect interests in the
affiliate that are property of the estate are not transferred
under section 1185;
``(ii) a final order by the court denying the request for a
transfer under section 1185;
``(iii) 48 hours after the commencement of the case if the
court has not ordered a transfer under section 1185; or
``(iv) the time the case is dismissed.
``(4) Subsections (d), (e), (f), and (g) of section 362
apply to a stay under this subsection.
``(b) A debt, executory contract (other than a qualified
financial contract), or unexpired lease of the debtor, or an
agreement under which the debtor has issued or is obligated
for any debt, may be assumed by a bridge company in a
transfer under section 1185 notwithstanding any provision in
an agreement or in applicable nonbankruptcy law that--
``(1) prohibits, restricts, or conditions the assignment of
the debt, contract, lease, or agreement; or
``(2) accelerates, terminates, or modifies, or permits a
party other than the debtor to terminate or modify, the debt,
contract, lease, or agreement on account of--
``(A) the assignment of the debt, contract, lease, or
agreement; or
``(B) a change in control of any party to the debt,
contract, lease, or agreement.
``(c)(1) A debt, contract, lease, or agreement of the kind
described in subparagraph (A) or (B) of subsection (a)(2) may
not be accelerated, terminated, or modified, and any right or
obligation under such debt, contract, lease, or agreement may
not be accelerated, terminated, or modified, as to the bridge
company solely because of a provision in the debt, contract,
lease, or agreement or in applicable nonbankruptcy law--
``(A) of the kind described in subsection (a)(1)(B) as
applied to the debtor;
``(B) that prohibits, restricts, or conditions the
assignment of the debt, contract, lease, or agreement; or
``(C) that accelerates, terminates, or modifies, or permits
a party other than the debtor to terminate or modify, the
debt, contract, lease or agreement on account of--
``(i) the assignment of the debt, contract, lease, or
agreement; or
``(ii) a change in control of any party to the debt,
contract, lease, or agreement.
``(2) If there is a default by the debtor under a provision
other than the kind described in paragraph (1) in a debt,
contract, lease or agreement of the kind described in
subparagraph (A) or (B) of subsection (a)(2), the bridge
company may assume such debt, contract, lease, or agreement
only if the bridge company--
``(A) shall cure the default;
``(B) compensates, or provides adequate assurance in
connection with a transfer under section 1185 that the bridge
company will promptly compensate, a party other than the
debtor to the debt, contract, lease, or agreement, for any
actual pecuniary loss to the party resulting from the
default; and
``(C) provides adequate assurance in connection with a
transfer under section 1185 of future performance under the
debt, contract, lease, or agreement, as determined by the
court under section 1185(c)(4).
``Sec. 1188. Treatment of qualified financial contracts and
affiliate contracts
``(a) Notwithstanding sections 362(b)(6), 362(b)(7),
362(b)(17), 362(b)(27), 362(o), 555, 556, 559, 560, and 561,
a petition filed under section 1183 operates as a stay,
during the period specified in section 1187(a)(3)(A),
applicable to all entities, of the exercise of a contractual
right--
``(1) to cause the modification, liquidation, termination,
or acceleration of a qualified financial contract of the
debtor or an affiliate;
``(2) to offset or net out any termination value, payment
amount, or other transfer obligation arising under or in
connection with a qualified financial contract of the debtor
or an affiliate; or
``(3) under any security agreement or arrangement or other
credit enhancement forming a part of or related to a
qualified financial contract of the debtor or an affiliate.
``(b)(1) During the period specified in section
1187(a)(3)(A), the trustee or the affiliate shall perform all
payment and delivery obligations under such qualified
financial contract of the debtor or the affiliate, as the
case may be, that become due after the commencement of the
case. The stay provided under subsection (a) terminates as to
a qualified financial contract of the debtor or an affiliate
immediately upon the failure of the trustee or the affiliate,
as the case may be, to perform any such obligation during
such period.
``(2) Any failure by a counterparty to any qualified
financial contract of the debtor or any affiliate to perform
any payment or delivery obligation under such qualified
financial contract, including during the pendency of the stay
provided under subsection (a), shall constitute a breach of
such qualified financial contract by the counterparty.
``(c) Subject to the court's approval, a qualified
financial contract between an entity and the debtor may be
assigned to or assumed by the bridge company in a transfer
under, and in accordance with, section 1185 if and only if--
``(1) all qualified financial contracts between the entity
and the debtor are assigned to and assumed by the bridge
company in the transfer under section 1185;
``(2) all claims of the entity against the debtor in
respect of any qualified financial contract between the
entity and the debtor (other than any claim that, under the
terms of the qualified financial contract, is subordinated to
the claims of general unsecured creditors) are assigned to
and assumed by the bridge company;
``(3) all claims of the debtor against the entity under any
qualified financial contract between the entity and the
debtor are assigned to and assumed by the bridge company; and
``(4) all property securing or any other credit enhancement
furnished by the debtor for any qualified financial contract
described in paragraph (1) or any claim described in
paragraph (2) or (3) under any qualified financial contract
between the entity and the debtor is assigned to and assumed
by the bridge company.
``(d) Notwithstanding any provision of a qualified
financial contract or of applicable nonbankruptcy law, a
qualified financial contract of the debtor that is assumed or
assigned in a transfer under section 1185 may
[[Page H6918]]
not be accelerated, terminated, or modified, after the entry
of the order approving a transfer under section 1185, and any
right or obligation under the qualified financial contract
may not be accelerated, terminated, or modified, after the
entry of the order approving a transfer under section 1185
solely because of a condition described in section
1187(c)(1), other than a condition of the kind specified in
section 1187(b) that occurs after property of the estate no
longer includes a direct beneficial interest or an indirect
beneficial interest through the special trustee, in more than
50 percent of the equity securities of the bridge company.
``(e) Notwithstanding any provision of any agreement or in
applicable nonbankruptcy law, an agreement of an affiliate
(including an executory contract, an unexpired lease,
qualified financial contract, or an agreement under which the
affiliate issued or is obligated for debt) and any right or
obligation under such agreement may not be accelerated,
terminated, or modified, solely because of a condition
described in section 1187(c)(1), other than a condition of
the kind specified in section 1187(b) that occurs after the
bridge company is no longer a direct or indirect beneficial
holder of more than 50 percent of the equity securities of
the affiliate, at any time after the commencement of the case
if--
``(1) all direct or indirect interests in the affiliate
that are property of the estate are transferred under section
1185 to the bridge company within the period specified in
subsection (a);
``(2) the bridge company assumes--
``(A) any guarantee or other credit enhancement issued by
the debtor relating to the agreement of the affiliate; and
``(B) any obligations in respect of rights of setoff,
netting arrangement, or debt of the debtor that directly
arises out of or directly relates to the guarantee or credit
enhancement; and
``(3) any property of the estate that directly serves as
collateral for the guarantee or credit enhancement is
transferred to the bridge company.
``Sec. 1189. Licenses, permits, and registrations
``(a) Notwithstanding any otherwise applicable
nonbankruptcy law, if a request is made under section 1185
for a transfer of property of the estate, any Federal, State,
or local license, permit, or registration that the debtor or
an affiliate had immediately before the commencement of the
case and that is proposed to be transferred under section
1185 may not be accelerated, terminated, or modified at any
time after the request solely on account of--
``(1) the insolvency or financial condition of the debtor
at any time before the closing of the case;
``(2) the commencement of a case under this title
concerning the debtor;
``(3) the appointment of or taking possession by a trustee
in a case under this title concerning the debtor or by a
custodian before the commencement of the case; or
``(4) a transfer under section 1185.
``(b) Notwithstanding any otherwise applicable
nonbankruptcy law, any Federal, State, or local license,
permit, or registration that the debtor had immediately
before the commencement of the case that is included in a
transfer under section 1185 shall be valid and all rights and
obligations thereunder shall vest in the bridge company.
``Sec. 1190. Exemption from securities laws
``For purposes of section 1145, a security of the bridge
company shall be deemed to be a security of a successor to
the debtor under a plan if the court approves the disclosure
statement for the plan as providing adequate information (as
defined in section 1125(a)) about the bridge company and the
security.
``Sec. 1191. Inapplicability of certain avoiding powers
``A transfer made or an obligation incurred by the debtor
to an affiliate prior to or after the commencement of the
case, including any obligation released by the debtor or the
estate to or for the benefit of an affiliate, in
contemplation of or in connection with a transfer under
section 1185 is not avoidable under section 544, 547,
548(a)(1)(B), or 549, or under any similar nonbankruptcy law.
``Sec. 1192. Consideration of financial stability
``The court may consider the effect that any decision in
connection with this subchapter may have on financial
stability in the United States.''.
SEC. 4. AMENDMENTS TO TITLE 28, UNITED STATES CODE.
(a) Amendment to Chapter 13.--Chapter 13 of title 28,
United States Code, is amended by adding at the end the
following:
``Sec. 298. Judge for a case under subchapter V of chapter 11
of title 11
``(a)(1) Notwithstanding section 295, the Chief Justice of
the United States shall designate not fewer than 10
bankruptcy judges to be available to hear a case under
subchapter V of chapter 11 of title 11. Bankruptcy judges may
request to be considered by the Chief Justice of the United
States for such designation.
``(2) Notwithstanding section 155, a case under subchapter
V of chapter 11 of title 11 shall be heard under section 157
by a bankruptcy judge designated under paragraph (1), who
shall be randomly assigned to hear such case by the chief
judge of the court of appeals for the circuit embracing the
district in which the case is pending. To the greatest extent
practicable, the approvals required under section 155 should
be obtained.
``(3) If the bankruptcy judge assigned to hear a case under
paragraph (2) is not assigned to the district in which the
case is pending, the bankruptcy judge shall be temporarily
assigned to the district.
``(b) A case under subchapter V of chapter 11 of title 11,
and all proceedings in the case, shall take place in the
district in which the case is pending.
``(c) In this section, the term `covered financial
corporation' has the meaning given that term in section
101(9A) of title 11.''.
(b) Amendment to Section 1334 of Title 28.--Section 1334 of
title 28, United States Code, is amended by adding at the end
the following:
``(f) This section does not grant jurisdiction to the
district court after a transfer pursuant to an order under
section 1185 of title 11 of any proceeding related to a
special trustee appointed, or to a bridge company formed, in
connection with a case under subchapter V of chapter 11 of
title 11.''.
(c) Technical and Conforming Amendments.--
(1) The table of sections of chapter 13 of title 28, United
States Code, is amended by adding at the end the following:
``298. Judge for a case under subchapter V of chapter 11 of title
11.''.
(2) The table of subchapters of chapter 11 of title 11,
United States Code, is amended by adding at the end the
following:
``subchapter v--liquidation, reorganization, or recapitalization of a
covered financial corporation
``1181. Inapplicability of other sections.
``1182. Definitions for this subchapter.
``1183. Commencement of a case concerning a covered financial
corporation.
``1184. Regulators.
``1185. Special transfer of property of the estate.
``1186. Special trustee.
``1187. Temporary and supplemental automatic stay; assumed debt.
``1188. Treatment of qualified financial contracts and affiliate
contracts.
``1189. Licenses, permits, and registrations.
``1190. Exemption from securities laws.
``1191. Inapplicability of certain avoiding powers.
``1192. Consideration of financial stability.''.
TITLE XI
ADDITIONAL GENERAL PROVISIONS
references to act
Sec. 1101. Except as expressly provided otherwise,
consistent with sections 746 and 819, any reference to ``this
Act'' contained in this division shall be treated as
referring only to the provisions of this division.
reference to report
Sec. 1102. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-234. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 1103. $0.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2018''.
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of Homeland Security for the fiscal year ending September 30,
2018, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and
for executive management for operations and support,
$138,997,000: Provided, That not to exceed $30,000 shall be
for official reception and representation expenses.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, $696,131,000, of which $227,516,000
shall remain available until September 30, 2019: Provided,
That not to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $27,755,000, to
remain available until September 30, 2019.
research and development
For necessary expenses of the Management Directorate for
research and development, $2,545,000, to remain available
until September 30, 2019.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Operations Coordination for
operations and support, $252,405,000, of which $77,915,000
shall remain available until September 30, 2019: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General
for operations and support,
[[Page H6919]]
$154,830,000: Provided, That not to exceed $300,000 may be
used for certain confidential operational expenses, including
the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. Hereafter, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time the
President's budget proposal is submitted pursuant to section
1105(a) of title 31, United States Code, the Future Years
Homeland Security Program, as authorized by section 874 of
the Homeland Security Act of 2002 (6 U.S.C. 454).
Sec. 102. Hereafter, the Chief Financial Officer of the
Department of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month
and for the fiscal year at the appropriation and program,
project, and activity levels, by the source year of the
appropriation, not later than 30 days after the last day of
each month.
Sec. 103. (a) Notwithstanding section 518 of division F of
the Consolidated Appropriations Act, 2016 (Public Law 114-
113), the Secretary of Homeland Security shall submit a
report not later than October 15, 2018, to the Inspector
General of the Department of Homeland Security listing all
grants and contracts awarded by any means other than full and
open competition during fiscal years 2017 and 2018.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of
that review to the Committees on Appropriations of the Senate
and the House of Representatives not later than February 15,
2019.
Sec. 104. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes, which shall be specified in terms of
cost, schedule, and performance.
Sec. 105. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9703(g)(4)(B) of title 31, United
States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency
within the Department of Homeland Security: Provided, That
none of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives are notified of the
proposed transfers.
Sec. 106. (a) All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available
for the Office of the Secretary.
(b) A travel report of all direct and indirect costs of
official and nonofficial travel by the Secretary and Deputy
Secretary by appropriation to the Committees on
Appropriations of the Senate and the House of Representatives
not later than 30 days after the end of fiscal year 2018.
Sec. 107. (a) Not later than 30 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, the Committees on
the Judiciary of the Senate and the House of Representatives,
the Committee on Homeland Security and Governmental Affairs
of the Senate, and the Committee on Homeland Security of the
House of Representatives, a report for fiscal year 2017 on
visa overstay data by country as required by section 1376 of
title 8, United States Code: Provided, That the report on
visa overstay data shall also include--
(1) overstays from all nonimmigrant visa categories under
the immigration laws, delineated by each of the classes and
sub-classes of such categories; and
(2) numbers as well as rates of overstays for each class
and sub-class of such nonimmigrant categories on a per-
country basis.
(b) The Secretary of Homeland Security shall publish on the
Department's website the metrics developed to measure the
effectiveness of security between the ports of entry,
including the methodology and data supporting the resulting
measures.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border
Protection for operations and support, including the
transportation of unaccompanied minor aliens; the provision
of air and marine support to Federal, State, and local
agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; at the
discretion of the Secretary of Homeland Security, the
provision of such support to Federal, State, and local
agencies in other law enforcement and emergency humanitarian
efforts; the purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for
personal services abroad; $11,553,315,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of
the Harbor Maintenance Fee pursuant to section 9505(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 551(e)(1)); of which $681,441,500 shall
be available until September 30, 2019; and of which such sums
as become available in the Customs User Fee Account, except
sums subject to section 13031(f)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided,
That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to
exceed $15,000,000 may be transferred to the Bureau of Indian
Affairs for the maintenance and repair of roads on Native
American reservations, as required by the Border Patrol:
Provided further, That not to exceed $150,000 shall be
available for payment for rental space in connection with
preclearance operations: Provided further, That not to
exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security.
procurement, construction, and improvements
For U.S. Customs and Border Protection for procurement,
construction and improvements, in addition to amounts
otherwise made available under this heading by the Department
of Homeland Security Border Infrastructure Construction
Appropriations Act, 2018, $437,480,000, of which $377,705,000
shall remain available until September 30, 2020, and of which
$59,775,000 shall remain available until September 30,2022:
Provided, That such aggregate amount shall be available as
follows: $8,955,000 for Cross Border Tunnel Threat,
$17,438,000 for Integrated Fixed Towers, $1,600,000 for
Mobile Video Surveillance Systems, $20,000,000 for Unattended
Ground Sensors, $49,738,000 for border road construction,
$33,193,000 for Remote Video Surveillance Systems,
$109,240,000 for non-intrusive inspection systems,
$55,530,000 for two multi-role enforcement aircraft,
$3,300,000 for FAA Next Generation radar systems, $7,800,000
for various sensor upgrades, $14,034,000 for one medium-lift
helicopter, $13,250,000 for Air and Marine tactical
communications, $12,421,000 for two light enforcement
helicopters, $3,573,000 for coastal interceptors, $1,200,000
for Department of Defense reuse, $45,000,000 for the Brown
Field Border Patrol Station, $14,775,000 for Office of Field
Operations Facilities, and $26,433,000 for revenue
modernization.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; overseas vetted units; and
maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $7,002,043,000;
of which $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which
$33,700,000 shall remain available until September 30, 2019;
of which not less than $4,413,244,000 shall be for
enforcement, detention, and removal operations, including
transportation of unaccompanied minor aliens: Provided, That
not to exceed $11,475 shall be for official reception and
representation expenses: Provided further, That not to
exceed $10,000,000 shall be available until expended for
conducting special operations under section 3131 of the
Customs Enforcement Act of 1986 (19 U.S.C. 2081): Provided
further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security:
Provided further, That not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the
costs associated with the care, maintenance, and repatriation
of smuggled aliens unlawfully present in the United States.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$52,899,000, to remain available until September 30, 2020.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,082,874,000, of
which $1,770,719,000 shall remain available until September
30, 2019: Provided, That not to exceed $7,650 shall be for
official reception and representation expenses: Provided
further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to
this appropriation as offsetting collections and shall be
available only for aviation security: Provided further, That
the sum appropriated under this heading from the general fund
shall be reduced on a dollar-for-dollar basis as such
offsetting collections are received during fiscal year 2018
so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,612,874,000.
[[Page H6920]]
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and
improvements, $53,314,000, to remain available until
September 30, 2020.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $20,190,000, to
remain available until September 30, 2019.
Coast Guard
operating expenses
For necessary expenses for the operations and maintenance
of the Coast Guard, not otherwise provided for; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of not more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase,
lease, or improvement of other equipment (at a unit cost of
not more than $250,000); minor shore construction projects
not exceeding $1,000,000 in total cost on any location;
payments pursuant to section 156 of Public Law 97-377 (42
U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$7,163,464,000; of which $340,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That not to exceed
$23,000 shall be for official reception and representation
expenses.
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,397,000, to
remain available until September 30, 2022.
reserve training
For necessary expenses of the Coast Guard Reserve;
operations and maintenance of the Coast Guard Reserve
Program; personnel and training costs; and equipment and
services; $114,875,000.
acquisition, construction, and improvements
For necessary expenses of the Coast Guard for acquisition,
construction, renovation, and improvement of aids to
navigation, shore facilities (including facilities at
Department of Defense installations used by the Coast Guard),
vessels, and aircraft, including equipment related thereto,
$1,298,745,000; of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which $1,256,655,000 shall be
available until September 30, 2022.
research, development, test, and evaluation
For necessary expenses of the Coast Guard for research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; $18,641,000; to remain available until September
30, 2020, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to
and used for the purposes of this appropriation funds
received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, concurrent receipts, and combat-related
special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,673,000,000, to remain
available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to
exceed 652 vehicles for police-type use for replacement only;
hire of passenger motor vehicles; purchase of motorcycles
made in the United States; hire of aircraft; rental of
buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other
property not in Government ownership or control, as may be
necessary to perform protective functions; conduct of and
participation in firearms matches; presentation of awards;
conduct of behavioral research in support of protective
intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform
protective functions; and payment, without regard to section
5702 of title 5, United States Code, of subsistence expenses
of employees who are on protective missions, whether at or
away from their duty stations; $1,893,215,000; of which
$33,692,000 shall remain available until September 30, 2019,
of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children;
and of which not less than $13,869,000 shall be for
activities related to training in electronic crimes
investigations and forensics: Provided, That not to exceed
$19,125 shall be for official reception and representation
expenses: Provided further, That not to exceed $100,000
shall be to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit
investigations.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $64,030,000,
to remain available until September 30, 2020.
research and development
For necessary expenses of the United States Secret Service
for research and development, $250,000, to remain available
until September 30, 2019.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law
115-31), related to overtime compensation limitations, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available
in that Act.
Sec. 202. Funding made available under the heading ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for
customs expenses when necessary to maintain operations and
prevent adverse personnel actions in Puerto Rico in addition
to funding provided by 48 U.S.C. 740.
Sec. 203. Hereafter, no U.S. Customs and Border Protection
aircraft or other related equipment, with the exception of
aircraft that are one of a kind and have been identified as
excess to U.S. Customs and Border Protection requirements and
aircraft that have been damaged beyond repair, shall be
transferred to any other Federal agency, department, or
office outside of the Department of Homeland Security without
prior notice to the Committees on Appropriations of the
Senate and the House of Representatives.
Sec. 204. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to
section 13031(a)(5) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 205. For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $39,000,000, to
remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2018 from amounts authorized to be collected by section
286(i) of the Immigration and Nationality Act (8 U.S.C.
1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-125): Provided, That to the extent that
amounts realized from such collections exceed $39,000,000,
those amounts in excess of $39,000,000 shall be credited to
this appropriation, to remain available until expended.
Sec. 206. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 207. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used
to approve a waiver of the navigation and vessel-inspection
laws pursuant to section 501(b) of title 46, United States
Code, for the transportation of crude oil distributed from
and to the Strategic Petroleum Reserve until the Secretary of
Homeland Security, after consultation with the Secretaries of
the Departments of Energy and Transportation and
representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United
States flag vessels for such transportation: Provided, That
the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and
the Committee on Transportation and Infrastructure of the
House of Representatives within 2 business days of any
request for waivers of navigation and vessel-inspection laws
pursuant to such section with respect to such transportation,
and the disposition of such requests.
Sec. 208. (a) None of the funds made available by this Act
may be used to approve, license, facilitate, authorize, or
otherwise allow the trafficking or import of property
confiscated by the Cuban Government.
[[Page H6921]]
(b) In this section, the terms ``confiscated'', ``Cuban
Government'', ``property'', and ``traffic'' have the meanings
given such terms in paragraphs (4), (5), (12)(A), and (13),
respectively, of section 4 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (2216 U.S.C.
6023).
Sec. 209. Without regard to the limitation as to time and
condition of section 503(d), the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure
the detention of aliens prioritized for removal.
Sec. 210. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 211. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent
overall performance evaluations received by the contracted
facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
Sec. 212. Members of the House of Representatives and the
Senate, including the leadership; the heads of Federal
agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of
the Department of Homeland Security; the Attorney General,
Deputy Attorney General, Assistant Attorneys General, and
United States Attorneys; and senior members of the Executive
Office of the President, including the Director of the Office
of Management and Budget, shall not be exempt from Federal
passenger and baggage screening.
Sec. 213. Notwithstanding section 44923 of title 49,
United States Code, for fiscal year 2018, any funds in the
Aviation Security Capital Fund established by section
44923(h) of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems
or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of
such title.
Sec. 214. None of the funds made available by this Act
under the heading ``Coast Guard--Operating Expenses'' shall
be for expenses incurred for recreational vessels under
section 12114 of title 46, United States Code, except to the
extent fees are collected from owners of yachts and credited
to the appropriation made available by this Act under the
heading ``Coast Guard--Operating Expenses'': Provided, That
to the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114,
and there is a backlog of recreational vessel applications,
personnel performing non-recreational vessel documentation
functions under subchapter II of chapter 121 of title 46,
United States Code, may perform documentation under section
12114.
Sec. 215. Without regard to the limitation as to time and
condition of section 503(d), after June 30, up to $10,000,000
may be reprogrammed to or from the Military Pay and
Allowances funding category within ``Coast Guard--Operating
Expenses'' in accordance with subsection (a) of section 503.
Sec. 216. The United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from
Federal agencies and entities, as defined in section 105 of
title 5, United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at
the end of the fiscal year.
Sec. 217. None of the funds made available to the United
States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security: Provided, That the Director of the Secret
Service may enter into agreements to provide such protection
on a fully reimbursable basis.
Sec. 218. For purposes of section 503(a)(3) of this Act,
up to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 219. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the Senate and the House of
Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
operations and support
For necessary expenses of the National Protection and
Programs Directorate for operations and support,
$1,427,062,000, of which $8,912,000 shall remain available
until September 30, 2019: Provided, That not to exceed
$3,825 shall be for official reception and representation
expenses.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
procurement, construction, and improvements
For necessary expenses of the National Protection and
Programs Directorate for procurement, construction, and
improvements, $335,033,000, to remain available until
September 30, 2019.
research and development
For necessary expenses of the National Protection and
Programs Directorate for research and development,
$11,126,000, to remain available until September 30, 2019.
Office of Health Affairs
operations and support
For necessary expenses of the Office of Health Affairs for
operations and support, $119,319,000, of which $13,520,000
shall remain available until September 30, 2019.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,027,135,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$76,578,000, to remain available until September 30, 2019.
federal assistance
For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $3,003,798,000, which shall
be allocated as follows:
(1) $467,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605), of which $55,000,000 shall be for
Operation Stonegarden: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2018,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth
of Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004.
(2) $630,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $50,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security to be
at high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance and Railroad Security Assistance under sections
1406 and 1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135 and 1163), of which
$10,000,000 shall be for Amtrak security.
(4) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $690,000,000, to remain available until September 30,
2018, of which $345,000,000 shall be for Assistance to
Firefighter Grants and $345,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $350,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), 6 U.S.C. 762,
and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
(7) $100,000,000 for the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133), to
remain available until expended.
(8) $177,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood
Insurance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain
available until expended.
(9) $120,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(10) $269,267,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $7,327,720,000, to remain available
until expended, of which $6,793,000,000 shall be for
[[Page H6922]]
major disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) and is designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters
Flood Insurance Reform Act of 2012 (Public Law 112-141, 126
Stat. 916), and the Homeowner Flood Insurance Affordability
Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$203,500,000, to remain available until September 30, 2019,
which shall be derived from offsetting amounts collected
under section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)); of which $13,573,000 shall be
available for mission support associated with flood
management; and of which $189,927,000 shall be available for
flood plain management and flood mapping: Provided, That any
additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as offsetting collections to this account,
to be available for flood plain management and flood mapping:
Provided further, That in fiscal year 2017, no funds shall
be available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42
U.S.C. 4017) in excess of--
(1) $165,224,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such Act
(42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance
Act of 1968 shall be deposited in the National Flood
Insurance Fund to supplement other amounts specified as
available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding section 102(f)(8), section
1366(e), and paragraphs (1) through (3) of section 1367(b) of
such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):
Provided further, That total administrative costs shall not
exceed 4 percent of the total appropriation: Provided
further, That up to $5,000,000 is available to carry out
section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
(including transfer of funds)
Sec. 301. Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (4) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the grantee for expenses directly related to
administration of the grant.
Sec. 302. Applications for grants under the heading
``Federal Emergency Management Agency--Federal Assistance'',
for paragraphs (1) through (4), shall be made available to
eligible applicants not later than 60 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt
of an application.
Sec. 303. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
through (4), the Administrator of the Federal Emergency
Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives
5 full business days in advance of announcing publicly the
intention of making an award.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 305. Notwithstanding any other provision of law,
grants awarded to States along the Southwest Border of the
United States under sections 2003 or 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 604 and 605) using funds
provided under the heading ``Federal Emergency Management
Agency--Federal Assistance'' for grants under paragraph (1)
in this Act, or under the heading ``Federal Emergency
Management Agency--State and Local Programs'' in Public Law
114-4, division F of Public Law 113-76, or division D of
Public Law 113-6 may be used by recipients or sub-recipients
for costs, or reimbursement of costs, related to providing
humanitarian relief to unaccompanied alien children and alien
adults accompanied by an alien minor where they are
encountered after entering the United States, provided that
such costs were incurred between January 1, 2014, and
December 31, 2014, or during the award period of performance.
Sec. 306. The aggregate charges assessed during fiscal
year 2018, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program
for the next fiscal year: Provided, That the methodology for
assessment and collection of fees shall be fair and equitable
and shall reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes
on October 1, 2018, and remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$108,856,000.
procurement, construction, and improvements
For necessary expenses of U.S. Citizenship and Immigration
Services for procurement, construction, and improvements of
the E-Verify Program, $22,657,000, to remain available until
September 30, 2021.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use
and hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code,
$260,099,000, of which $49,409,000 shall remain available
until September 30, 2019: Provided, That not to exceed
$7,180 shall be for official reception and representation
expenses.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the
purchase or lease of not to exceed 5 vehicles, $254,618,000,
of which $134,795,000 shall remain available until September
30, 2019: Provided, That not to exceed $7,650 shall be for
official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $383,482,000, to
remain available until September 30, 2020.
Domestic Nuclear Detection Office
operations and support
For necessary expenses of the Domestic Nuclear Detection
Office for operations and support, $54,664,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Domestic Nuclear Detection
Office for procurement, construction, and improvements,
$87,096,000, to remain available until September 30, 2020.
research and development
For necessary expenses of the Domestic Nuclear Detection
Office for research and development, $144,161,000, to remain
available until September 30, 2020.
federal assistance
For necessary expenses of the Domestic Nuclear Detection
Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $44,519,000, to
remain available until September 30, 2020.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law,
funds otherwise made available to U.S. Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for
areas where the Administrator of General Services does not
provide vehicles for lease: Provided, That the Director of
U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and
places of employment.
Sec. 402. None of the funds made available in this Act may
be used by U.S. Citizenship and Immigration Services to grant
an immigration benefit unless the results of background
checks required by law to be completed prior to the granting
of the benefit have been received by U.S. Citizenship and
Immigration Services, and the results do not preclude the
granting of the benefit.
Sec. 403. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 404. (a) Notwithstanding section 1356(n) of title 8,
United States Code, of the
[[Page H6923]]
funds deposited into the Immigration Examinations Fee
Account, up to $10,000,000 may be allocated by U.S.
Citizenship and Immigration Services in fiscal year 2018 for
the purpose of providing an immigrant integration grants
program.
(b) None of the funds made available to U.S. Citizenship
and Immigration Services for grants for immigrant integration
under subsection (a) may be used to provide services to
aliens who have not been lawfully admitted for permanent
residence.
Sec. 405. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating
in training accreditation.
Sec. 406. The Federal Law Enforcement Training
Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
Sec. 407. (a) There is to be established a ``Federal Law
Enforcement Training Centers--Procurement, Construction, and
Improvements'' appropriations account for planning,
operational development, engineering, and purchases prior to
sustainment and for information technology-related
procurement, construction, and improvements, including non-
tangible assets of the Federal Law Enforcement Training
Centers.
(b) The Director of the Federal Law Enforcement Training
Centers may accept transfers to the account established by
subsection (a) from Government agencies requesting the
construction of special use facilities, as authorized by the
Economy Act (31 U.S.C. 1535(b)): Provided, That the Federal
Law Enforcement Training Centers maintain administrative
control and ownership upon completion of such facilities.
Sec. 408. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2018, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or
activity proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2018 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever
is less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more;
(5) reorganizes components; or
(6) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the
Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 15 days in advance of such
reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland
Security by this Act or provided by previous appropriations
Acts may be transferred between such appropriations if the
Committees on Appropriations of the Senate and the House of
Representatives are notified at least 30 days in advance of
such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided
after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts.
(f) Notwithstanding subsection (c), the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
5 days in advance of such transfer.
Sec. 504. Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law
115-31), related to the operations of a working capital fund,
shall apply with respect to funds made available in this Act
in the same manner as such section applied to funds made
available in that Act.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2018, as
recorded in the financial records at the time of a
reprogramming notification, but not later than June 30, 2019,
from appropriations for ``Operations and Support'' and for
``Coast Guard--Operating Expenses'', and salaries and
expenses for ``Coast Guard--Acquisition, Construction, and
Improvements'' and ``Coast Guard--Reserve Training'' for
fiscal year 2018 in this Act shall remain available through
September 30, 2019, in the account and for the purposes for
which the appropriations were provided: Provided, That prior
to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the Senate
and the House of Representatives in accordance with section
503.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2018 until the enactment of an Act authorizing
intelligence activities for fiscal year 2018.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of--
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or
to issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000
from multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees
on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after
such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without advance notification to the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Center
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same
manner as such sections applied to funds made available in
that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act: Provided, That for purposes of the
preceding sentence, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of
[[Page H6924]]
allegiance required by section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448).
Sec. 513. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position
designated as a Principal Federal Official, shall apply with
respect to funds made available in this Act in the same
manner as such section applied to funds made available in
that Act.
Sec. 514. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 515. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of
the Senate and the House of Representatives may not delegate
such authority to perform that act unless specifically
authorized herein.
Sec. 516. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 517. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet
the basic requirements of a contract.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless
such contract is entered into in accordance with the
requirements of subtitle I of title 41, United States Code,
or chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 521. (a) For an additional amount for financial
systems modernization, $42,233,000, to remain available until
September 30, 2019.
(b) Funds made available in subsection (a) for financial
systems modernization may be transferred by the Secretary of
Homeland Security between appropriations for the same
purpose, notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur
until 15 days after the Committees on Appropriations of the
Senate and the House of Representatives are notified of such
transfer.
Sec. 522. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 523. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate
the transfer of an operable firearm to an individual if the
Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel unless law
enforcement personnel of the United States continuously
monitor or control the firearm at all times.
Sec. 524. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than
50 employees of a single component of the Department of
Homeland Security, who are stationed in the United States, at
a single international conference unless the Secretary of
Homeland Security, or a designee, determines that such
attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination
and the basis for that determination: Provided, That for
purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided
further, That the total cost to the Department of Homeland
Security of any such conference shall not exceed $500,000.
Sec. 525. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 526. None of the funds made available to the
Department of Homeland Security by this or any other Act may
be obligated for any structural pay reform that affects more
than 100 full-time positions or costs more than $5,000,000 in
a single year before the end of the 30-day period beginning
on the date on which the Secretary of Homeland Security
submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 527. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Committees on Appropriations of the Senate
and the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations of the Senate and the House of
Representatives for not less than 45 days except as otherwise
specified in law.
Sec. 528. (a) Funding provided in this Act for ``Operations
and Support'' may be used for minor procurement,
construction, and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 529. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 530. For fiscal year 2018, the Secretary of Homeland
Security may provide, out of funds available to the
Department of Homeland Security, for the primary and
secondary schooling of dependents of Department of Homeland
Security personnel who are stationed outside the continental
United States and for the transportation of such dependents
in the same manner and to the same extent that, pursuant to
14 U.S.C. 544, the Secretary may provide, out of funds
appropriated to or for the use of the Coast Guard, for the
primary and secondary schooling of, and the transportation
of, dependents of Coast Guard personnel stationed outside the
continental United States.
(rescissions)
Sec. 531. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985 (Public Law 99-177):
(1) $12,928,000 from Public Law 115-31 under the heading
``Transportation Security Administration--Operations and
Support'';
(2) $1,785,697 from Public Law 108-334 under the heading
``Coast Guard--Alteration of Bridges'';
(3) $1,920,100 from Public Law 109-90 under the heading
``Coast Guard--Alteration of Bridges'';
(4) $1,791,454 from Public Law 109-295 under the heading
``Coast Guard--Alteration of Bridges'';
(5) $3,221,594 from Public Law 110-161 under the heading
``Coast Guard--Alteration of Bridges'';
(6) $3,680,885 from Public Law 111-83 under the heading
``Coast Guard--Alteration of Bridges'';
(7) $25,000,000 from Public Law 114-113 under the heading
``Coast Guard--Acquisition, Construction, and Improvements'';
and
(8) $95,000,000 from Public Law 115-31 under the heading
``Coast Guard--Acquisition, Construction, and Improvements''.
(rescissions)
Sec. 532. From the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code (added by
section 638 of Public Law 102-393), $187,000,000 shall be
rescinded.
Sec. 534. Not later than 90 days from the date of this
Act, the Commissioner of United States Customs and Border
Protection shall: (a) conduct a survey of international
passenger traffic at the airports listed in section 122.15(b)
of title 19, Code of Federal Regulations, and designate any
airport as a port of entry if that airport: (1) has scheduled
international service by one or more air carriers; and (2)
received over 75,000 international passenger arrivals during
the most recent calendar year in which federal passenger data
is available; (b) ensure a sufficient number of United States
Customs and Border Protection officers are available at any
airport designated as a port of entry under subsection (a) in
order for landing rights requests to be granted in accordance
with section 122.14 of title 19, Code of Federal Regulations.
Sec. 535. None of the funds appropriated by this Act for
U.S. Immigration and Customs Enforcement shall be available
to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried
[[Page H6925]]
to term, or in the case of rape or incest: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 536. None of the funds appropriated by this Act for
U.S. Immigration and Customs Enforcement shall be used to
require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 537. Nothing in the preceding section shall remove
the obligation of the Assistant Secretary of Homeland
Security for U.S. Immigration and Customs Enforcement to
provide escort services necessary for a female detainee to
receive such service outside the detention facility:
Provided, That nothing in this section in any way diminishes
the effect of section ____ [preceding section] intended to
address the philosophical beliefs of individual employees of
U.S. Immigration and Customs Enforcement.
Sec. 538. In fiscal year 2018, nonimmigrants shall be
admitted to the United States under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform agricultural
labor or services, without regard to whether such labor is,
or services are, of a temporary or seasonal nature.
Sec. 539. (a) Notwithstanding subsections (a) and (b) of
section 201 of the Immigration and Nationality Act,
Christopher William Gard, Constance Rhoda Keely Yates, and
Charles Matthew William Gard shall each be eligible for
issuance of an immigrant visa or for adjustment of status to
that of an alien lawfully admitted for permanent residence
upon filing an application for issuance of an immigrant visa
under section 204 of such Act or for adjustment of status to
lawful permanent resident.
(b) If Christopher William Gard, Constance Rhoda Keely
Yates, or Charles Matthew William Gard enters the United
States before the filing deadline specified in subsection
(c), he or she shall be considered to have entered and
remained lawfully and shall, if otherwise eligible, be
eligible for adjustment of status under section 245 of the
Immigration and Nationality Act as of the date of the
enactment of this Act.
(c) Subsections (a) and (b) shall apply only if the
application for issuance of an immigrant visa or the
application for adjustment of status is filed with
appropriate fees within 2 years after the date of the
enactment of this Act.
(d) Upon the granting of an immigrant visa or permanent
residence to Christopher William Gard, Constance Rhoda Keely
Yates, and Charles Matthew William Gard, the Secretary of
State shall instruct the proper officer to reduce by 3,
during the current or next following fiscal year, the total
number of immigrant visas that are made available to natives
of the country of the aliens' birth under section 203(a) of
the Immigration and Nationality Act or, if applicable, the
total number of immigrant visas that are made available to
natives of the country of the aliens' birth under section
202(e) of such Act.
(e) The natural parents, brothers, and sisters of
Christopher William Gard, Constance Rhoda Keely Yates, and
Charles Matthew William Gard shall not, by virtue of such
relationship, be accorded any right, privilege, or status
under the Immigration and Nationality Act.
statue of limitations
Sec. 540.
(a) In General.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205)
is amended--
(1) in subsection (a)(1)--
(A) by striking ``Except'' and inserting ``Notwithstanding
section 3716(e) of title 31, United States Code, and
except''; and
(B) by striking ``report for the disaster or emergency''
and inserting ``report for project completion as certified by
the grantee''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``report for the disaster
or emergency'' and inserting ``report for project completion
as certified by the grantee''; and
(B) in paragraph (3) by inserting ``for project completion
as certified by the grantee'' after ``final expenditure
report''.
(b) Applicability.--
(1) In general.--With respect to disaster or emergency
assistance provided to a State or local government on or
after January 1, 2004--
(A) no administrative action may be taken to recover a
payment of such assistance after the date of enactment of
this Act if the action is prohibited under section 705(a)(1)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5205(a)(1)); and
(B) any administrative action to recover a payment of such
assistance that is pending on such date of enactment shall be
terminated if the action is prohibited under section
705(a)(1) of such Act.
(2) Limitation.--This section and the amendments made by
this section, may not be construed to invalidate or otherwise
affect any administration action completed before the date of
enactment of this Act.
references to act
Sec. 541. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
reference to report
Sec. 542. Any reference to a ``report accompanying this
Act'' contained in this division or the Department of
Homeland Security Border Infrastructure Construction
Appropriations Act, 2018, shall be treated as a reference to
House Report 115-239. The effect of such Report shall be
limited to this division and such Act and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division and such Act.
spending reduction account
Sec. 543. $0.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2018''.
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30,
2018, and for other purposes, namely:
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA''), the
Second Chance Act of 2007, $3,042,720,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,624,108,000 as
follows:
(A) $776,736,000 for adult employment and training
activities, of which $64,736,000 shall be available for the
period July 1, 2018 through June 30, 2019, and of which
$712,000,000 shall be available for the period October 1,
2018 through June 30, 2019;
(B) $831,842,000 for youth activities, which shall be
available for the period April 1, 2018 through June 30, 2019;
and
(C) $1,015,530,000 for dislocated worker employment and
training activities, of which $155,530,000 shall be available
for the period July 1, 2018 through June 30, 2019, and of
which $860,000,000 shall be available for the period October
1, 2018 through June 30, 2019:
Provided , That the funds available for allotment to
outlying areas to carry out subtitle B of title I of the WIOA
shall not be subject to the requirements of section
127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $418,612,000 as follows:
(A) $130,000,000 for the dislocated workers assistance
national reserve, which shall be available for the period
October 1, 2017 through September 30, 2019: Provided, That
funds provided to carry out section 132(a)(2)(A) of the WIOA
may be used to provide assistance to a State for statewide or
local use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with emerging
economic development needs; and train such eligible
dislocated workers: Provided further, That funds provided to
carry out section 168(b) of the WIOA may be used for
technical assistance projects that provide assistance to new
entrants in the workforce and incumbent workers: Provided
further, That notwithstanding section 168(b) of the WIOA, of
the funds provided under this subparagraph, the Secretary of
Labor (referred to in this title as ``Secretary'') may
reserve not more than 10 percent of such funds to provide
technical assistance and carry out additional activities
related to the transition to the WIOA: Provided further,
That, of the funds provided under this subparagraph, up to
$66,000,000 may be made available for applications submitted
in accordance with section 170 of the WIOA for training and
employment assistance for workers in the Appalachian region,
as defined by 40 U.S.C. 14102 (a)(1);
(B) $50,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2018 through June 30, 2019;
(C) $72,000,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $66,716,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $4,850,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $434,000 for
other discretionary purposes, which shall be available for
the period July 1, 2018 through June 30, 2019: Provided,
That notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services;
(D) $84,534,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2018 through June 30, 2019; and
(E) $82,078,000 for ex-offender activities, under the
authority of section 169 of the WIOA and section 212 of the
Second Chance Act of 2007, which shall be available for the
period April 1, 2018 through June 30, 2019: Provided, That
of this amount, $25,000,000 shall be for competitive grants
to national and regional intermediaries for activities that
prepare young ex-offenders and school dropouts for
employment, with a priority for
[[Page H6926]]
projects serving high-crime, high-poverty areas.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
WIOA, $1,688,155,000, plus reimbursements, as follows:
(1) $1,572,886,000 for Job Corps Operations, which shall be
available for the period July 1, 2018 through June 30, 2019;
(2) $83,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2018 through June 30, 2021, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may
transfer up to 15 percent of such funds to meet the
operational needs of such centers or to achieve
administrative efficiencies: Provided further, That any
funds transferred pursuant to the preceding proviso shall not
be available for obligation after June 30, 2019: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $32,269,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2017 through September 30, 2018:
Provided, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps centers.
federal unemployment benefits and allowances
For payments during fiscal year 2018 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, and including benefit payments, allowances,
training, employment and case management services, and
related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of
2011 and section 405(a) of the Trade Preferences Extension
Act of 2015, $790,000,000 together with such amounts as may
be necessary to be charged to the subsequent appropriation
for payments for any period subsequent to September 15, 2018:
Provided, That notwithstanding section 502 of this Act, any
part of the appropriation provided under this heading may
remain available for obligation beyond the current fiscal
year pursuant to the authorities of section 245(c) of the
Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $70,000,000,
together with not to exceed $2,760,903,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,665,775,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $160,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide
reemployment services and referrals to training as
appropriate, for claimants of unemployment insurance for ex-
service members under 5 U.S.C. 8521 et. seq. and for
claimants of regular unemployment compensation, including
those who are profiled as most likely to exhaust their
benefits in each State, and $6,000,000 for continued support
of the Unemployment Insurance Integrity Center of
Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized
under 5 U.S.C. 8501-8523, and the administration of trade
readjustment allowances, reemployment trade adjustment
assistance, and alternative trade adjustment assistance under
the Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011 and section
405(a) of the Trade Preferences Extension Act of 2015, and
shall be available for obligation by the States through
December 31, 2018, except that funds used for automation
shall be available for Federal obligation through December
31, 2018, and for State obligation through September 30,
2020, or, if the automation is being carried out through
consortia of States, for State obligation through September
30, 2023, and for expenditure through September 30, 2024, and
funds for competitive grants awarded to States for improved
operations and to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews and provide reemployment services and
referrals to training, as appropriate, shall be available for
Federal obligation through December 31, 2018, and for
obligation by the States through September 30, 2020, and
funds for the Unemployment Insurance Integrity Center of
Excellence shall be available for obligation by the State
through September 30, 2019, and funds used for unemployment
insurance workloads experienced through September 30, 2018
shall be available for Federal obligation through December
31, 2018;
(2) $13,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $19,818,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and the
provision of technical assistance and staff training under
the Wagner-Peyser Act;
(4) $62,310,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $48,028,000 shall be available for the
Federal administration of such activities, and $14,282,000
shall be available for grants to States for the
administration of such activities; and
(5) $70,000,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2018
through June 30, 2019:
Provided, That to the extent that the Average Weekly
Insured Unemployment (``AWIU'') for fiscal year 2018 is
projected by the Department of Labor to exceed 2,246,000, an
additional $28,600,000 from the Trust Fund shall be available
for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for
the use of the National Directory of New Hires under section
453(j)(8) of such Act: Provided further, That the Secretary
may use funds appropriated for grants to States under title
III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data
Exchange System: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of
the Social Security Act to make payments on behalf of States
to the entity operating the Unemployment Insurance Integrity
Center of Excellence: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance, employment service, or immigration
programs, may be obligated in contracts, grants, or
agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved
operations under title III of the Social Security Act, or
awarded grants to support the national activities of the
Federal-State unemployment insurance system, may award
subgrants to other States and non-State entities under such
grants, subject to the conditions applicable to the grants:
Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security
Act and the Wagner-Peyser Act may be used by States to fund
integrated Unemployment Insurance and Employment Service
automation efforts, notwithstanding cost allocation
principles prescribed under the final rule entitled ``Uniform
Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the
Secretary, at the request of a State participating in a
consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to
other States participating in the consortium in order to
carry out activities that benefit the administration of the
unemployment compensation law of the State making the
request: Provided further, That the Secretary may collect
fees for the costs associated with additional data
collection, analyses, and reporting services relating to the
National Agricultural Workers Survey requested by State and
local governments, public and private institutions of higher
education, and nonprofit organizations and may utilize such
sums, in accordance with the provisions of 29 U.S.C. 9a, for
the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and
reporting needs of such entities, which shall be credited to
this appropriation and shall remain available until September
30, 2019, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to
the Unemployment Trust Fund as authorized by 5 U.S.C. 8509,
and to the ``Federal Unemployment Benefits and Allowances''
account, such sums as may be
[[Page H6927]]
necessary, which shall be available for obligation through
September 30, 2019.
program administration
For expenses of administering employment and training
programs, $106,461,000, together with not to exceed
$49,887,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $175,600,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2018, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2018 shall be available for
obligations for administrative expenses in excess of
$424,417,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2018, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2019, for obligation for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That obligations in excess of the amounts
provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses or extraordinary
multiemployer program related expenses after approval by the
Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representatives
and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$217,500,000.
Office of Labor-management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $41,129,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $94,500,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $114,377,000, together with $2,173,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by 5 U.S.C. 81;
continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency
Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War
Claims Act (50 U.S.C. App. 2004); obligations incurred under
the War Hazards Compensation Act (42 U.S.C. 1701 et seq.);
and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor
Workers' Compensation Act, $220,000,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the
current year, for deposit into and to assume the attributes
of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, That amounts appropriated may be
used under 5 U.S.C. 8104 by the Secretary to reimburse an
employer, who is not the employer at the time of injury, for
portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2017, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of
administration for employees of such fair share entities
through September 30, 2018: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $71,188,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $21,946,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$54,319,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2019, $15,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000,
to remain available until expended: Provided, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim such
identifying information (including Social Security account
number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (6), and (7) of the Internal Revenue
Code of 1986; and repayment of, and payment of interest on
advances, as authorized by section 9501(d)(4) of that Act. In
addition, the following amounts may be expended from the Fund
for fiscal year 2018 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): not to exceed $38,246,000
for transfer to the Office of Workers' Compensation Programs,
``Salaries and Expenses''; not to exceed $30,595,000 for
transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $330,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $531,470,000, including not to exceed
$100,850,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety
and health training and education: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2018, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That
none of the funds appropriated under this paragraph shall be
obligated or expended to prescribe, issue, administer, or
enforce any standard, rule, regulation, or order under the
Act which is applicable to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs 10 or fewer employees: Provided further,
That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard,
rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(``DART'') occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
[[Page H6928]]
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That not less than
$3,500,000 shall be for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $359,975,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That amounts available for State
assistance grants may be used for the purchase and
maintenance of new equipment required by the final rule
entitled ``Lowering Miners' Exposure to Respirable Coal Mine
Dust, Including Continuous Personal Dust Monitors'' published
by the Department of Labor in the Federal Register on May 1,
2014 (79 Fed. Reg. 24813 et seq.), for operators that
demonstrate financial need as determined by the Secretary:
Provided further, That notwithstanding 31 U.S.C. 3302, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds
and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as
officers in local chapters or in the national organization:
Provided further, That any funds available to the Department
of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations
in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$544,000,000, together with not to exceed $65,000,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $36,800,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$272,539,000, together with not to exceed $308,000, which may
be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided , That
funds available to the Bureau of International Labor Affairs
may be used to administer or operate international labor
activities, bilateral and multilateral technical assistance,
and microfinance programs, by or through contracts, grants,
subgrants and other arrangements: Provided further, That
$8,040,000 shall be used for program evaluation and shall be
available for obligation through September 30, 2019:
Provided further, That funds available for program evaluation
may be used to administer grants for the purpose of
evaluation: Provided further, That grants made for the
purpose of evaluation shall be awarded through fair and open
competition: Provided further, That funds available for
program evaluation may be transferred to any other
appropriate account in the Department for such purpose:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer: Provided further,
That the funds available to the Women's Bureau may be used
for grants to serve and promote the interests of women in the
workforce: Provided further, That of the amounts made
available to the Women's Bureau, $994,000 shall be used for
grants authorized by the Women in Apprenticeship and
Nontraditional Occupations Act.
veterans employment and training
Not to exceed $236,514,000 may be derived from the
Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of
chapters 41, 42, and 43 of title 38, United States Code, of
which:
(1) $175,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such
title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described
in section 4102A(b)(5)(C), which shall be available for
obligation by the States through December 31, 2018, and not
to exceed 3 percent for the necessary Federal expenditures
for data systems and contract support to allow for the
tracking of participant and performance information:
Provided, That, in addition, such funds may be used to
support such specialists and representatives in the provision
of services to transitioning members of the Armed Forces who
have participated in the Transition Assistance Program and
have been identified as in need of intensive services, to
members of the Armed Forces who are wounded, ill, or injured
and receiving treatment in military treatment facilities or
warrior transition units, and to the spouses or other family
caregivers of such wounded, ill, or injured members;
(2) $16,073,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $42,027,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code: Provided,
That of such amounts, not more than $1,000,000 shall be
available for necessary expenses of the HIRE Vets Medallion
Award Program authorized by the HIRE Vets Act (Division O of
the Consolidated Appropriations Act, 2017 (Public Law 115-31;
38 U.S.C. 4100 note)), which shall be in addition to amounts
available in the HIRE Vets Medallion Award Fund established
by section 5 of such Act; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4)
above an amount not to exceed 3 percent of the appropriation
from which such reallocation is made: Provided further, That
the HIRE Vets Medallion Award Fund shall be available to the
Secretary for necessary expenses of the HIRE Vets Medallion
Award Program authorized by the Hire Vets Act (Division O of
the Consolidated Appropriations Act, 2017 (Public Law 115-31;
38 U.S.C. 4100 note)).
In addition, from the General Fund of the Treasury,
$47,537,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2018, to provide services under such section: Provided
further, That services provided under section 2023 may
include, in addition to services to the individuals described
in subsection (e) of such section, services to veterans
recently released from incarceration who are at risk of
homelessness.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $20,769,000, which shall
be available through September 30, 2019.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $83,487,000, together with not to exceed
$5,660,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced
[[Page H6929]]
Budget and Emergency Deficit Control Act of 1985) which are
appropriated for the current fiscal year for the Department
of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any
such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program
or to fund any project or activity for which no funds are
provided in this Act: Provided further, That the Committees
on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any
transfer.
Sec. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by
forced or indentured child labor in industries and host
countries already identified by the United States Department
of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section,
none of the funds made available to the Department of Labor
for grants under section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school
within a local educational agency in the occupations and
industries for which employers are using H-1B visas to hire
foreign workers, and the related activities necessary to
support such training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary
may transfer funds made available to the Employment and
Training Administration by this Act, either directly or
through a set-aside, for technical assistance services to
grantees to ``Program Administration'' when it is determined
that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration
by this Act to ``Program Administration'' in order to carry
out program integrity activities relating to any of the
programs or activities that are funded under any such
discretionary appropriations: Provided, That funds
transferred from under paragraphs (1) and (2) of the ``Office
of Job Corps'' account shall be available under paragraph (3)
of such account in order to carry out program integrity
activities relating to the Job Corps program: Provided
further, That funds transferred under this subsection shall
be available for obligation through September 30, 2019.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
evaluations of any of the programs or activities that are
funded under such accounts. Any funds reserved under this
section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within
the Department of Labor, and shall be available for
obligation through September 30, 2019: Provided, That such
funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days
in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office
of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health
Administration'', ``Office of Disability Employment Policy'',
funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental
Management, Salaries and Expenses'' account, and ``Veterans
Employment and Training''.
Sec. 108. Notwithstanding any other provision of law,
beginning October 1, 2017, the Secretary of Labor, in
consultation with the Secretary of Agriculture may select an
entity to operate a Civilian Conservation Center on a
competitive basis in accordance with section 147 of the WIOA,
if the Secretary of Labor determines such Center has had
consistently low performance under the performance
accountability system in effect for the Job Corps program
prior to July 1, 2016, or with respect to expected levels of
performance established under section 159(c) of such Act
beginning July 1, 2016.
Sec. 109. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following
text is part of such section:
``(s)(1) The provisions of this section shall not apply for
a period of 2 years after the occurrence of a major disaster
to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not
engaged, directly or through an affiliate, in underwriting,
selling, or marketing property, casualty, or liability
insurance policies or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster'
means an individual who timely secured or secures a license
required by applicable law to engage in and perform the
activities described in clauses (i) through (v) of paragraph
(1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance
coverage or protection for its employees, if required by
applicable law, and withholds applicable Federal, State, and
local income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one
or more companies, directly or indirectly, controls, is
controlled by, or is under common control with, another
company.''.
(b) This section shall be effective on the date of
enactment of this Act.
(rescission)
Sec. 110. Of the funds made available under the heading
``Employment and Training Administration-Training and
Employment Services'' in division H of Public Law 115-31,
$200,000,000 is rescinded, to be derived from the amount made
available in paragraph (2)(A) under such heading for the
period October 1, 2017, through September 30, 2018.
Sec. 111. (a) Flexibility With Respect to the Crossing of
H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the
nonimmigrants without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2 separate
Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the
United States during the 120-day period specified in
paragraph (1) to be staggering
[[Page H6930]]
the date of need in violation of section 655.20(d) of title
20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 112. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees
with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for
the occupational classification of the position in the
geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time
of filing the petition. In the determination of prevailing
wage for the purposes of the H-2B program, the Secretary
shall accept private wage surveys even in instances where
Occupational Employment Statistics survey data are available
unless the Secretary determines that the methodology and data
in the provided survey are not statistically supported.
Sec. 113. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in
20 CFR 655.5 or the three-fourths guarantee rule definition
found in 20 CFR 655.20, or any references thereto. Further,
for the purpose of regulating admission of temporary workers
under the H-2B program, the definition of temporary need
shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 114. Notwithstanding any other provision of law, the
final rule issued by the Department of Labor entitled
``Definition of the Term ``Fiduciary''; Conflict of Interest
Rule-Retirement Investment Advice'' and published by the
Department of Labor in the Federal Register on April 8, 2016
(81 Fed. Reg. 20946 et seq.), shall have no force or effect.
This title may be cited as the ``Department of Labor
Appropriations Act, 2018''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,491,522,000: Provided, That no more
than $100,000 shall be available until expended for carrying
out the provisions of section 224(o) of the PHS Act:
Provided further, That no more than $99,893,000 shall be
available until expended for carrying out the provisions of
sections 224(g)-(n) and (q) of the PHS Act, and for expenses
incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to
administrative claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $748,236,000: Provided, That
sections 736(h)(1), 747(c)(2), 751(j)(2), 762(k), and the
proportional funding amounts in paragraphs (1) through (4) of
section 756(f) of the PHS Act shall not apply to funds made
available under this heading: Provided further, That for any
program operating under section 751 of the PHS Act on or
before January 1, 2009, the Secretary of Health and Human
Services (referred to in this title as the ``Secretary'') may
hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full
project period of a grant under such section: Provided
further, That no funds shall be available for section 340G-1
of the PHS Act: Provided further, That fees collected for
the disclosure of information under section 427(b) of the
Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the
programs authorized by such sections and shall remain
available until expended for the National Practitioner Data
Bank: Provided further, That funds transferred to this
account to carry out section 846 and subpart 3 of part D of
title III of the PHS Act may be used to make prior year
adjustments to awards made under such sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health, title V of the
Social Security Act, and section 712 of the American Jobs
Creation Act of 2004, $848,617,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $80,593,000 shall be
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such
Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,318,781,000, of which
$1,970,881,000 shall remain available to the Secretary
through September 30, 2020, for parts A and B of title XXVI
of the PHS Act, and of which not less than $900,313,000 shall
be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $100,518,000.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $156,060,000, of which
$43,609,000 from general revenues, notwithstanding section
1820(j) of the Social Security Act, shall be available for
carrying out the Medicare rural hospital flexibility grants
program: Provided, That of the funds made available under
this heading for Medicare rural hospital flexibility grants,
$14,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and
adoption of health information technology and up to
$1,000,000 shall be to carry out section 1820(g)(6) of the
Social Security Act, with funds provided for grants under
section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to
coordinate rural veterans care between rural providers and
the Department of Veterans Affairs electronic health record
system: Provided further, That notwithstanding section
338J(k) of the PHS Act, $10,000,000 shall be available for
State Offices of Rural Health.
program management
For program support in the Health Resources and Services
Administration, $151,993,000: Provided, That funds made
available under this heading may be used to supplement
program support funding provided under the headings ``Primary
Health Care'', ``Health Workforce'', ``Maternal and Child
Health'', ``Ryan White HIV/AIDS Program'', ``Health Care
Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be
necessary for claims associated with vaccine-related injury
or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of
the PHS Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$8,250,000 shall be available from the Trust Fund to the
Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $470,700,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,117,278,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $499,522,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of
the PHS Act with respect to chronic disease prevention and
health promotion, $703,696,000: Provided, That funds
appropriated under this account may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations: Provided further,
That of the funds available under this heading, $10,000,000
shall be available to continue and expand community specific
extension and outreach programs to combat obesity in counties
with the highest levels of obesity: Provided further, That
the proportional funding requirements under section 1503(a)
of the PHS Act shall not apply to funds made available under
this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS
Act with respect to birth defects, developmental
disabilities, disabilities and health, $137,560,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act
with respect to health statistics, surveillance, health
informatics, and workforce development, $328,697,000:
Provided, That in addition to amounts provided herein,
$150,700,000 shall be available from amounts available under
section 241 of the PHS Act to carry out Public Health
Scientific Services.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $142,750,000.
[[Page H6931]]
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $286,059,000:
Provided, That of the funds provided under this heading,
$112,000,000 shall be available for an evidence-based opioid
drug overdose prevention program.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $325,200,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended: Provided, That this
amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act
with respect to global health, $435,121,000, of which
$128,421,000 for international HIV/AIDS shall remain
available through September 30, 2019: Provided, That funds
may be used for purchase and insurance of official motor
vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act
with respect to public health preparedness and response, and
for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $1,450,000,000, of
which $600,000,000 shall remain available until expended for
the Strategic National Stockpile: Provided, That in the
event the Director of the Centers for Disease Control and
Prevention (referred to in this title as ``CDC'') activates
the Emergency Operations Center, the Director of the CDC may
detail CDC staff without reimbursement for up to 90 days to
support the work of the CDC Emergency Operations Center, so
long as the Director provides a notice to the Committees on
Appropriations of the House of Representatives and the Senate
within 15 days of the use of this authority and a full report
within 30 days after use of this authority which includes the
number of staff and funding level broken down by the
originating center and number of days detailed: Provided
further, That funds appropriated under this heading may be
used to support a contract for the operation and maintenance
of an aircraft in direct support of activities throughout CDC
to ensure the agency is prepared to address public health
preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
demolition, and renovation of facilities, $10,000,000, to
remain available until September 30, 2022: Provided, That
funds previously set-aside by CDC for repair and upgrade of
the Lake Lynn Experimental Mine and Laboratory shall be used
to acquire a replacement mine safety research facility:
Provided further, That in addition, the prior year
unobligated balance of any amounts assigned to former
employees in accounts of CDC made available for Individual
Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the
replacement of the mine safety research facility.
cdc-wide activities and program support
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $103,570,000: Provided, That paragraphs (1)
through (3) of subsection (b) of section 2821 of the PHS Act
shall not apply to funds appropriated under this heading and
in all other accounts of the CDC: Provided further, That
employees of CDC or the Public Health Service, both civilian
and commissioned officers, detailed to States,
municipalities, or other organizations under authority of
section 214 of the PHS Act, or in overseas assignments, shall
be treated as non-Federal employees for reporting purposes
only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or HHS during the period
of detail or assignment: Provided further, That CDC may use
up to $10,000 from amounts appropriated to CDC in this Act
for official reception and representation expenses when
specifically approved by the Director of CDC: Provided
further, That in addition, such sums as may be derived from
authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided
further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program and
the Respirator Certification Program shall be available
through September 30, 2019.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $5,471,181,000, of which up to
$10,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute--Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,256,521,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases,
$432,363,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$1,899,733,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$1,810,011,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$5,005,813,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,713,775,000, of
which $824,443,000 shall be from funds available under
section 241 of the PHS Act: Provided, That not less than
$373,361,000 is provided for the Institutional Development
Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,401,727,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$743,881,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $725,387,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $2,458,733,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $566,515,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$443,624,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $152,599,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $490,796,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,107,497,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,625,461,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $536,774,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering
research, $362,506,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$136,741,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $293,583,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the PHS Act), $73,353,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$413,848,000: Provided, That of the amounts available for
improvement of information systems, $4,000,000 shall be
available until September 30, 2019: Provided further, That
in fiscal year 2018, the National Library of Medicine may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH'').
[[Page H6932]]
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $718,867,000:
Provided, That up to $25,835,000 shall be available to
implement section 480 of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That at least
$526,120,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $1,705,248,000: Provided, That funding shall
be available for the purchase of not to exceed 29 passenger
motor vehicles for replacement only: Provided further, That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $165,000,000
shall be for the National Children's Study Follow-on:
Provided further, That $682,980,000 shall be available for
the Common Fund established under section 402A(c)(1) of the
PHS Act: Provided further, That of the funds provided,
$10,000 shall be for official reception and representation
expenses when specifically approved by the Director of the
NIH: Provided further, That the Office of AIDS Research
within the Office of the Director of the NIH may spend up to
$8,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the
PHS Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title
26, United States Code, for the purpose of carrying out
section 402(b)(7)(B)(ii) of the PHS Act (relating to
pediatric research), as authorized in the Gabriella Miller
Kids First Research Act.
buildings and facilities
For the study of, construction or demolition of, renovation
of, and acquisition of equipment for, facilities of or used
by NIH, including the acquisition of real property,
$128,863,000, to remain available through September 30, 2022.
nih innovation account
For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes in the
appropriations provided to the NIH in this Act, $496,000,000,
to remain available until expended: Provided, That such
amounts are appropriated pursuant to section 1001(b)(3) of
such Act and are to be derived from amounts transferred under
section 1001(b)(2)(A) of such Act: Provided further, That of
the amount appropriated under this heading, $300,000,000
shall be transferred to the ``National Cancer Institute''
account for the purposes described in section 1001(b)(4)(C)
of such Act, $43,000,000 shall be transferred to the
``National Institute of Neurological Disorders and Stroke''
account for the purposes described in section 1001(b)(4)(B)
of such Act, and $43,000,000 shall be transferred to the
``National Institute of Mental Health'' account for the
purposes described in section 1001(b)(4)(B) of such Act:
Provided further, That remaining amounts may be transferred
by the Director of the NIH to any accounts of the NIH:
Provided further, That upon a determination by the Director
that funds transferred pursuant to any of the previous
provisos are not necessary for the purposes provided, such
amounts may be transferred back to this account: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority
provided by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $928,668,000: Provided,
That notwithstanding section 520A(f)(2) of the PHS Act, no
funds appropriated for carrying out section 520A shall be
available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided
herein, $21,039,000 shall be available under section 241 of
the PHS Act to carry out subpart I of part B of title XIX of
the PHS Act to fund section 1920(b) technical assistance,
national data, data collection and evaluation activities, and
further that the total available under this Act for section
1920(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart I of part B of title XIX: Provided
further, That States shall expend at least 10 percent of the
amount each receives for carrying out section 1911 of the PHS
Act to support evidence-based programs that address the needs
of individuals with early serious mental illness, including
psychotic disorders, regardless of the age of the individual
at onset: Provided further, That none of the funds provided
for section 1911 of the PHS Act shall be subject to section
241 of such Act: Provided further, That of the funds made
available under this heading, $15,000,000 shall be to carry
out section 224 of the Protecting Access to Medicare Act of
2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with
respect to substance abuse treatment and title XIX of such
Act with respect to substance abuse treatment and prevention,
$2,130,306,000: Provided, That in addition to amounts
provided herein, $81,200,000 shall be available under section
241 of the PHS Act to supplement funds otherwise available
for substance abuse treatment activities and to carry out
subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX: Provided further, That
none of the funds provided for section 1921 of the PHS Act
shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $165,373,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance
Abuse Prevention'' in carrying out titles III, V, and XIX of
the PHS Act and the Protection and Advocacy for Individuals
with Mental Illness Act in the Substance Abuse and Mental
Health Services Administration, $108,922,000: Provided, That
in addition to amounts provided herein, $23,426,000 shall be
available under section 241 of the PHS Act to supplement
funds available to carry out national surveys on drug abuse
and mental health, to collect and analyze program data, and
to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be
collected for the costs of publications, data, data
tabulations, and data analysis completed under title V of the
PHS Act and provided to a public or private entity upon
request, which shall be credited to this appropriation and
shall remain available until expended for such purposes:
Provided further, That amounts made available in this Act for
carrying out section 501(o) of the PHS Act shall remain
available through September 30, 2019: Provided further, That
funds made available under this heading may be used to
supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of
the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, $300,000,000: Provided, That
section 947(c) of the PHS Act shall not apply in fiscal year
2018: Provided further, That in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available
until September 30, 2019.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $284,798,384,000, to
remain available until expended.
For making, after May 31, 2018, payments to States under
title XIX or in the case of section 1928 on behalf of States
under title XIX of the Social Security Act for the last
quarter of fiscal year 2018 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2019,
$134,847,759,000, to remain available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quarter
and approved in that or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $323,497,300,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the
Social Security Act that were not anticipated in budget
estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the PHS Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $3,451,141,000,
to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund, as authorized by section 201(g) of the Social Security
Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the
Social Security Act, funds retained by the Secretary pursuant
to section 1893(h) of the Social Security Act; and
[[Page H6933]]
such sums as may be collected from authorized user fees and
the sale of data, which shall be credited to this account and
remain available until expended: Provided, That no funds
shall be derived from offsetting collections through fees
collected from qualified health plans offered through an
Exchange established under Public Law 111-148 to operate such
an Exchange: Provided further, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this
appropriation: Provided further, That the Secretary is
directed to collect fees in fiscal year 2018 from Medicare
Advantage organizations pursuant to section 1857(e)(2) of the
Social Security Act and from eligible organizations with
risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act.
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $745,000,000, to remain
available through September 30, 2019, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$486,936,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for
Medicare Advantage under Part C and the Medicare Prescription
Drug Program under Part D of the Social Security Act and for
activities described in section 1893(b) of such Act, of which
$82,132,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and
abuse activities authorized by section 1817(k)(3) of such
Act, of which $82,132,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program
integrity activities, and of which $93,800,000 shall be for
the Department of Justice to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act:
Provided, That the report required by section 1817(k)(5) of
the Social Security Act for fiscal year 2018 shall include
measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading,
$311,000,000 is provided to meet the terms of section
251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $434,000,000 is
additional new budget authority specified for purposes of
section 251(b)(2)(C) of such Act: Provided further, That the
Secretary shall support the Senior Medicare Patrol program to
combat health care fraud and abuse from the funds provided to
this account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $2,995,400,000, to remain available
until expended; and for such purposes for the first quarter
of fiscal year 2019, $1,400,000,000, to remain available
until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960,
for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low Income Home Energy Assistance Act of
1981, $3,390,304,000: Provided, That all but $491,000,000 of
this amount shall be allocated as though the total
appropriation for such payments for fiscal year 2018 was less
than $1,975,000,000: Provided further, That notwithstanding
section 2609A(a), of the amounts appropriated under section
2602(b), not more than $2,988,000 of such amounts may be
reserved by the Secretary for technical assistance, training,
and monitoring of program activities for compliance with
internal controls, policies and procedures and may, in
addition to the authorities provided in section 2609A(a)(1),
use such funds through contracts with private entities that
do not qualify as nonprofit organizations.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$1,022,811,000, of which $993,321,000 shall remain available
through September 30, 2020 for carrying out such sections
414, 501, 462, and 235: Provided, That amounts available
under this heading to carry out the TVPA shall also be
available for research and evaluation with respect to
activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers
increasing any appropriation shall apply to transfers to
appropriations under this heading by substituting ``10
percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 2014 (``CCDBG Act''), $2,860,000,000 shall be used to
supplement, not supplant State general revenue funds for
child care assistance for low-income families: Provided,
That technical assistance under section 658I(a)(3) of such
Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency
agreements: Provided further, That all funds made available
to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in
such section 418 or any other provision of law, shall be
subject to the reservation of funds authority in paragraphs
(4) and (5) of section 658O(a) of the CCDBG Act.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-
A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of
title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services
Block Grant Act (``CSBG Act''); for necessary administrative
expenses to carry out titles I, IV, V, X, XI, XIV, XVI, and
XX-A of the Social Security Act, the Act of July 5, 1960, the
Low-Income Home Energy Assistance Act of 1981, the Child Care
and Development Block Grant Act of 2014, the Assets for
Independence Act, title IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act
of 1980, $11,181,500,000, of which $37,943,000, to remain
available through September 30, 2019, shall be for grants to
States for adoption and legal guardianship incentive
payments, as defined by section 473A of the Social Security
Act and may be made for adoptions and legal guardianships
completed before September 30, 2018: Provided, That
$9,275,000,000 shall be for making payments under the Head
Start Act: Provided further, That of the amount in the
previous proviso, $8,610,000,000 shall be available for
payments under section 640 of the Head Start Act, of which
$21,905,000 shall be available for a cost of living
adjustment notwithstanding section 640(a)(3)(A) of such Act:
Provided further, That of the amount provided for making
payments under the Head Start Act, $25,000,000 shall be
available for allocation by the Secretary to supplement
activities described in paragraphs (7)(B) and (9) of section
641(c) of such Act under the Designation Renewal System,
established under the authority of sections 641(c)(7),
645A(b)(12) and 645A(d) of such Act: Provided further, That
notwithstanding such section 640, of the amount provided for
making payments under the Head Start Act, and in addition to
funds otherwise available under such section 640 for such
purposes, $640,000,000 shall be available through March 31,
2019 for Early Head Start programs as described in section
645A of such Act, for conversion of Head Start services to
Early Head Start services as described in section
645(a)(5)(A) of such Act, for discretionary grants for high
quality infant and toddler care through Early Head Start-
Child Care Partnerships, to entities defined as eligible
under section 645A(d) of such Act, for training and technical
assistance for such activities, and for up to $14,000,000 in
Federal costs of administration and evaluation, and,
notwithstanding section 645A(c)(2) of such Act, these funds
are available to serve children under age 4: Provided
further, That funds described in the preceding two provisos
shall not be included in the calculation of ``base grant'' in
subsequent fiscal years, as such term is used in section
640(a)(7)(A) of such Act: Provided further, That
$250,000,000 shall be available until December 31, 2018 for
carrying out sections 9212 and 9213 of the Every Student
Succeeds Act: Provided further, That up to 3 percent of the
funds in the preceding proviso shall be available for
technical assistance and evaluation related to grants awarded
under such section 9212: Provided further, That $617,500,000
shall be for making payments under the CSBG Act: Provided
further, That $17,850,000 shall be for sections 680 and
678E(b)(2) of the CSBG Act, of which not less than
$10,000,000 shall be for section 680(a)(2) and not less than
$7,500,000 shall be for section 680(a)(3)(B) of such Act:
Provided further, That, notwithstanding section 675C(a)(3) of
such Act, to the extent Community Services Block Grant funds
are distributed as grant funds by a State to an eligible
entity as provided under such Act, and have not been expended
by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided further,
That the Secretary shall establish procedures regarding the
disposition of intangible assets and program income
[[Page H6934]]
that permit such assets acquired with, and program income
derived from, grant funds authorized under section 680 of the
CSBG Act to become the sole property of such grantees after a
period of not more than 12 years after the end of the grant
period for any activity consistent with section 680(a)(2)(A)
of the CSBG Act: Provided further, That intangible assets in
the form of loans, equity investments and other debt
instruments, and program income may be used by grantees for
any eligible purpose consistent with section 680(a)(2)(A) of
the CSBG Act: Provided further, That these procedures shall
apply to such grant funds made available after November 29,
1999: Provided further, That funds appropriated for section
680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in
private business enterprises owned by community development
corporations: Provided further, That $1,864,000 shall be for
a human services case management system for federally
declared disasters, to include a comprehensive national case
management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a
study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $325,000,000 and, for carrying
out, except as otherwise provided, section 437 of such Act,
$59,765,000: Provided, That notwithstanding sections
438(c)(3)(A) and 436(b)(2) of such Act, $10,000,000 shall be
available for such section 436(b)(2), of which no funds shall
be available for carrying out sections 438(c)(3)(A)(ii) and
(iii) of such Act.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, $6,225,000,000.
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, for the first quarter of fiscal
year 2019, $2,700,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), titles III and XXIX of
the PHS Act, sections 1252 and 1253 of the PHS Act, section
119 of the Medicare Improvements for Patients and Providers
Act of 2008, title XX-B of the Social Security Act, the
Developmental Disabilities Assistance and Bill of Rights Act,
parts 2 and 5 of subtitle D of title II of the Help America
Vote Act of 2002, the Assistive Technology Act of 1998,
titles II and VII (and section 14 with respect to such
titles) of the Rehabilitation Act of 1973, and for
Department-wide coordination of policy and program activities
that assist individuals with disabilities, $2,237,224,000:
Provided, That amounts appropriated under this heading may be
used for grants to States under section 361 of the OAA only
for disease prevention and health promotion programs and
activities which have been demonstrated through rigorous
evaluation to be evidence-based and effective: Provided
further, That of the amounts provided under this heading,
$300,000,000 shall be available for carrying out title V of
the OAA: Provided further, That with respect to the previous
proviso, such funds shall be available through June 30, 2019,
and may be recaptured and reobligated in accordance with
section 517(c) of the OAA: Provided further, That of amounts
made available under this heading to carry out sections 311,
331, and 336 of the OAA, up to one percent of such amounts
shall be available for developing and implementing evidence-
based practices for enhancing senior nutrition: Provided
further, That notwithstanding any other provision of this
Act, funds made available under this heading to carry out
section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided
further, That $2,000,000 shall be for competitive grants to
support alternative financing programs that provide for the
purchase of assistive technology devices, such as a low-
interest loan fund; an interest buy-down program; a revolving
loan fund; a loan guarantee; or an insurance program:
Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the
alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State
agencies and community-based disability organizations that
are directed by and operated for individuals with
disabilities shall be eligible to compete: Provided further,
That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of
the Protection and Advocacy for Individuals with Mental
Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an
individual or group of individuals with a developmental
disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights
Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of
State operated intermediate care facilities for people with
intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority
by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action,
within 90 days of instituting such legal action, which
informs such individuals (or such legal guardians) of their
legal rights and how to exercise such rights consistent with
current Federal Rules of Civil Procedure: Provided further,
That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the
proviso apply in the case of individuals who are a ward of
the State or subject to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger
motor vehicles, and for carrying out titles III, XVII, XXI,
and section 229 of the PHS Act, the United States-Mexico
Border Health Commission Act, and research studies under
section 1110 of the Social Security Act, $292,881,000,
together with $57,465,000 from the amounts available under
section 241 of the PHS Act to carry out national health or
human services research and evaluation activities: Provided,
That of the funds made available under this heading,
$20,000,000 shall be for making competitive grants which
exclusively implement education in sexual risk avoidance
(defined as voluntarily refraining from non-marital sexual
activity): Provided further, That funding for such
competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed
publications by educational, scientific, governmental, or
health organizations; implement an evidence-based approach
integrating research findings with practical implementation
that aligns with the needs and desired outcomes for the
intended audience; and teach the benefits associated with
self-regulation, success sequencing for poverty prevention,
healthy relationships, goal setting, and resisting sexual
coercion, dating violence, and other youth risk behaviors
such as underage drinking or illicit drug use without
normalizing teen sexual activity: Provided further, That no
more than 10 percent of the funding for such competitive
grants for sexual risk avoidance shall be available for
technical assistance and administrative costs of such
programs: Provided further, That funds provided in this Act
for embryo adoption activities may be used to provide to
individuals adopting embryos, through grants and other
mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4).
state response to the opioid abuse crisis account, cures act
For necessary expenses to carry out the purposes described
under section 1003(c) of the 21st Century Cures Act,
$500,000,000, to remain available until expended: Provided,
That such amounts are appropriated pursuant to section
1003(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1003(b)(2)(A) of such
Act, and may be transferred by the Secretary of Health and
Human Services to other accounts of the Department solely for
the purposes provided in such Act: Provided further, That
such transfer authority is in addition to any other transfer
authority provided by law.
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings
and Appeals, $112,381,000, to be transferred in appropriate
part from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund: Provided,
That of amounts the Secretary retains for adjudications
related to Recovery Audit Contractor (RAC) appeals under
section 1893(h)(1)(c) of the Social Security Act, $5,000,000
shall be used as additional funds for the necessary expenses
of the Office of Medicare Hearings and Appeals and the
Departmental Appeals Board to process RAC-related appeals,
and to establish a process to provide educational feedback
from such Office and Board to the Centers for Medicare and
Medicaid Services to reduce the claims overturn rate from the
claims that are reviewed by such Office or Board.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $38,381,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $80,000,000: Provided, That
of such amount, necessary sums shall be available for
providing protective services
[[Page H6935]]
to the Secretary and investigating non-payment of child
support cases for which non-payment is a Federal offense
under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
(including transfer of funds)
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $959,258,000, of
which $520,000,000 shall remain available through September
30, 2019, for expenses necessary to support advanced research
and development pursuant to section 319L of the PHS Act and
other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds
provided under this heading for the purpose of acquisition of
security countermeasures shall be in addition to any other
funds available for such purpose: Provided further, That
products purchased with funds provided under this heading
may, at the discretion of the Secretary, be deposited in the
Strategic National Stockpile pursuant to section 319F-2 of
the PHS Act: Provided further, That $5,000,000 of the
amounts made available to support emergency operations shall
remain available through September 30, 2020.
For expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act), $530,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $250,000,000, of
which $210,000,000 shall be available until expended, for
activities including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and
other surveillance tools: Provided, That notwithstanding
section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other
biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such
vaccines or biologics: Provided further, That the limitation
in section 205 of this Act regarding transfers increasing any
appropriation shall apply to transfers to appropriations
under this heading by substituting ``10 percent'' for ``3
percent''.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II.
Sec. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in HHS, prior
to the preparation and submission of a report by the
Secretary to the Committees on Appropriations of the House of
Representatives and the Senate detailing the planned uses of
such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.4 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be
used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the execution of a
contract awarded in fiscal year 2018 under section 338B of
such Act.
Sec. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2018:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this
section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 and other applicable
statutes administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of HHS. The Department of State
shall cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The Secretary is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private
institutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities, including
activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other
health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under
chapter 9 of title I of the Foreign Service Act of 1980, and
22 U.S.C. 4081 through 4086 and subject to such regulations
prescribed by the Secretary. The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-
based comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304 of
title 5, United States Code if such personnel's official duty
station were in the District of Columbia. Leaves of absence
for personnel under this subsection shall be on the same
basis as that provided under subchapter I of chapter 63 of
title 5, United States Code, or section 903 of the Foreign
Service Act of 1980, to individuals serving in the Foreign
Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall
[[Page H6936]]
transfer from such account amounts necessary to carry out
section 2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds authorized under section 402(b)(12) of the PHS Act to
enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the
Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have
received grants or contracts under sections 736, 739, or 747
of the PHS Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the
Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's
programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States
Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall establish a publicly
accessible Web site to provide information regarding the uses
of funds made available under section 4002 of the Patient
Protection and Affordable Care Act of 2010 (``ACA'').
(b) With respect to funds provided under section 4002 of
the ACA, the Secretary shall include on the Web site
established under subsection (a) at a minimum the following
information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity
receiving funds, the operating division or office that will
administer the funds, and the planned uses of the funds, to
be posted not later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals,
or other announcement or solicitation of proposals for
grants, cooperative agreements, or contracts intended to be
awarded using such funds, to be posted not later than the day
after the announcement or solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such
funds, including the purpose of the award and the identity of
the recipient, to be posted not later than 5 days after the
award is made.
(4) A report detailing the uses of all funds transferred
under section 4002(c) during the fiscal year, to be posted
not later than 90 days after the end of the fiscal year.
(c) With respect to awards made in fiscal years 2013
through 2018, the Secretary shall also include on the Web
site established under subsection (a), semi-annual reports
from each entity awarded a grant, cooperative agreement, or
contract from such funds with a value of $25,000 or more,
summarizing the activities undertaken and identifying any
sub-grants or sub-contracts awarded (including the purpose of
the award and the identity of the recipient), to be posted
not later than 30 days after the end of each 6-month period.
(d) In carrying out this section, the Secretary shall--
(1) present the information required in subsection (b)(1)
on a single webpage or on a single database;
(2) ensure that all information required in this section is
directly accessible from the single webpage or database; and
(3) ensure that all information required in this section is
able to be organized by program or State.
Sec. 220. (a) The Secretary shall publish in the fiscal
year 2019 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by
that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by
all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall
include, at a minimum, the following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received
in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 221. The Secretary shall publish, as part of the
fiscal year 2019 budget of the President submitted under
section 1105(a) of title 31, United States Code, information
that details the uses of all funds used by the Centers for
Medicare and Medicaid Services specifically for Health
Insurance Exchanges for each fiscal year since the enactment
of the ACA and the proposed uses for such funds for fiscal
year 2019. Such information shall include, for each such
fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange
Transparency'' in the committee report accompanying this Act.
Sec. 222. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and
Senate must be notified at least 2 business days in advance
of any public release of enrollment information or the award
of such grants.
Sec. 223. None of the funds made available by this Act
from the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred
from other accounts funded by this Act to the ``Centers for
Medicare and Medicaid Services--Program Management'' account,
may be used for payments under section 1342(b)(1) of Public
Law 111-148 (relating to risk corridors).
Sec. 224. The Secretary shall include in the fiscal year
2019 budget justification an analysis of how section 2713 of
the PHS Act will impact eligibility for discretionary HHS
programs.
(transfer of funds)
Sec. 225. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts
specified, and for the activities specified under the heading
"Prevention and Public Health Fund" in the committee report
accompanying this Act.
(b) Notwithstanding section 4002(c) of the ACA, the
Secretary may not further transfer these amounts.
(c) Funds transferred for activities authorized under
section 2821 of the PHS Act shall be made available without
reference to section 2821(b) of such Act.
Sec. 226. None of the funds appropriated in this Act may
be used to carry out title X of the PHS Act.
Sec. 227. Effective during the period beginning on
November 1, 2015 and ending January 1, 2020, any provision of
law that refers (including through cross-reference to another
provision of law) to the current recommendations of the
United States Preventive Services Task Force with respect to
breast cancer screening, mammography, and prevention shall be
administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and
prevention last issued before 2009; and
[[Page H6937]]
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 228. In making Federal financial assistance, the NIH
shall continue to apply the provisions relating to indirect
costs in part 75 of title 45, Code of Federal Regulations,
including with respect to the approval of deviations from
negotiated rates, to the same extent and in the same manner
as the NIH applied such provisions in the third quarter of
fiscal year 2017. None of the funds appropriated by this Act
may be used by the NIH to develop or implement a modified
approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of
such deviations from negotiated rates beyond the proportional
effect of such approvals in such quarter.
Sec. 229. None of the funds appropriated in this Act may
be used to implement, further, enforce, or advance the
Navigators program as provided under section 1311(i) of
Public Law 111-148 and title I and subtitle B of title II of
Public Law 111-152.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2018''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title
II of the Elementary and Secondary Education Act of 1965
(referred to in this Act as ``ESEA'') and section 418A of the
Higher Education Act of 1965 (referred to in this Act as
``HEA''), $15,953,790,000, of which $5,035,990,000 shall
become available on July 1, 2018, and shall remain available
through September 30, 2019, and of which $10,841,177,000
shall become available on October 1, 2018, and shall remain
available through September 30, 2019, for academic year 2018-
2019: Provided, That $6,459,401,000 shall be for basic
grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to
the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2017, to obtain annually updated
local educational agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,362,301,000
shall be for concentration grants under section 1124A of the
ESEA: Provided further, That $3,819,050,000 shall be for
targeted grants under section 1125 of the ESEA: Provided
further, That $3,819,050,000 shall be for education finance
incentive grants under section 1125A of the ESEA: Provided
further, That $27,000,000 shall be for carrying out subpart 2
of part B of title II: Provided further, That $44,623,000
shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the
ESEA, $1,333,603,000, of which $1,194,233,000 shall be for
basic support payments under section 7003(b), $48,316,000
shall be for payments for children with disabilities under
section 7003(d), $17,406,000, to remain available for
obligation through September 30, 2019, shall be for
construction under section 7007(b), $68,813,000 shall be for
Federal property payments under section 7002, and $4,835,000,
to remain available until expended, shall be for facilities
maintenance under section 7008: Provided, That for purposes
of computing the amount of a payment for an eligible local
educational agency under section 7003(a) for school year
2017-2018, children enrolled in a school of such agency that
would otherwise be eligible for payment under section
7003(a)(1)(B) of such Act, but due to the deployment of both
parents or legal guardians, or a parent or legal guardian
having sole custody of such children, or due to the death of
a military parent or legal guardian while on active duty (so
long as such children reside on Federal property as described
in section 7003(a)(1)(B)), are no longer eligible under such
section, shall be considered as eligible students under such
section, provided such students remain in average daily
attendance at a school in the same local educational agency
they attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by part B of title I, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI
of the ESEA; the McKinney-Vento Homeless Assistance Act;
section 203 of the Educational Technical Assistance Act of
2002; the Compact of Free Association Amendments Act of 2003;
and the Civil Rights Act of 1964, $2,261,072,000, of which
$2,121,940,000 shall become available on July 1, 2018, and
remain available through September 30, 2019, for academic
year 2018-2019: Provided, That $369,100,000 shall be for
part B of title I: Provided further, That $1,000,000,000
shall be for part B of title IV: Provided further, That
$33,397,000 shall be for part B of title VI and may be used
for construction, renovation, and modernization of any
elementary school, secondary school, or structure related to
an elementary school or secondary school, run by the
Department of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided
further, That $32,453,000 shall be for part C of title VI and
shall be awarded on a competitive basis, and also may be used
for construction: Provided further, That $50,000,000 shall
be available to carry out section 203 of the Educational
Technical Assistance Act of 2002 and the Secretary shall make
such arrangements as determined to be necessary to ensure
that the Bureau of Indian Education has access to services
provided under this section: Provided further, That
$16,699,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands:
Provided further, That the Secretary may reserve up to 5
percent of the amount referred to in the previous proviso to
provide technical assistance in the implementation of these
grants: Provided further, That $175,840,000 shall be for
part B of title V: Provided further, That $500,000,000 shall
be available for grants under subpart 1 of part A of title
IV.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA,
$164,939,000, of which $57,993,000 shall be for subpart 2 of
part A of title VI and $6,565,000 shall be for subpart 3 of
part A of title VI.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and
4 of part B of title II, and parts C and D and subpart 4 of
part F of title IV of the ESEA, $747,904,000.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $138,000,000: Provided,
That $68,000,000 shall be available for section 4631, of
which up to $5,000,000, to remain available until expended,
shall be for the Project School Emergency Response to
Violence (``Project SERV'') program: Provided further, That
$10,000,000 shall be available for section 4625: Provided
further, That $60,000,000 shall be available through December
31, 2018, for section 4624: Provided further, That section
4623(b) of the ESEA shall apply to funds appropriated for
Promise Neighborhoods under this heading in prior
appropriations acts.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$737,400,000, which shall become available on July 1, 2018,
and shall remain available through September 30, 2019, except
that 6.5 percent of such amount shall be available on October
1, 2017, and shall remain available through September 30,
2019, to carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities
Education Act (IDEA) $13,251,691,000, of which $1,864,818,000
shall become available on July 1, 2018, and shall remain
available through September 30, 2019, and of which
$11,164,824,000 shall become available on October 1, 2018,
and shall remain available through September 30, 2019, for
academic year 2018-2019: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2016, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but
not less than the amount for that activity during fiscal year
2016: Provided further, That the Secretary shall, without
regard to section 611(d) of the IDEA, distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the
States' relative populations of children aged 3 through 21
who are of the same age as children with disabilities for
whom the State ensures the availability of a free appropriate
public education under this part, and 15 percent to States on
the basis of the States' relative populations of those
children who are living in poverty: Provided further, That
the Secretary may not distribute any funds under the previous
proviso to any State whose reduction in allocation from funds
appropriated under this heading made funds available for such
a distribution: Provided further, That the States shall
allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under
section 612(a)(18)(B) and the amounts distributed to States
under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a
period of consecutive fiscal years, not to exceed five, until
the entire reduction is applied: Provided further, That the
Secretary may, in any fiscal year in which a State's
allocation under section 611 is reduced in accordance with
section 612(a)(18)(B), reduce the amount a State may reserve
under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as
the reduction under section 612(a)(18)(B) bears to the total
allocation the State would have received in that fiscal year
under section 611(d) in the absence of the reduction:
Provided further, That the Secretary shall either reduce the
allocation of funds
[[Page H6938]]
under section 611 for any fiscal year following the fiscal
year for which the State fails to comply with the requirement
of section 612(a)(18)(A) as authorized by section
612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a):
Provided further, That the funds reserved under 611(c) of the
IDEA may be used to provide technical assistance to States to
improve the capacity of the States to meet the data
collection requirements of sections 616 and 618 and to
administer and carry out other services and activities to
improve data collection, coordination, quality, and use under
parts B and C of the IDEA: Provided further, That the
Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1
of IDEA to evaluate program performance under such subpart.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National
Center Act, $3,562,582,000, of which $3,452,931,000 shall be
for grants for vocational rehabilitation services under title
I of the Rehabilitation Act: Provided, That the Secretary
may use amounts provided in this Act that remain available
subsequent to the reallotment of funds to States pursuant to
section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals
with disabilities as defined in section 7(20)(B) of the
Rehabilitation Act, including activities aimed at improving
the education and post-school outcomes of children receiving
Supplemental Security Income (``SSI'') and their families
that may result in long-term improvement in the SSI child
recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the
funds to other public and private, nonprofit entities:
Provided further, That any funds made available subsequent to
reallotment for innovative activities aimed at improving the
outcomes of individuals with disabilities shall remain
available until September 30, 2019.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to promote the Education of the
Blind of March 3, 1879, $26,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$70,016,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $128,000,000: Provided, That from
the total amount available, the University may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
and the Adult Education and Family Literacy Act (``AEFLA''),
$1,720,686,000, of which $929,686,000 shall become available
on July 1, 2018, and shall remain available through September
30, 2019, and of which $791,000,000 shall become available on
October 1, 2018, and shall remain available through September
30, 2019: Provided, That of the amounts made available for
AEFLA, $13,712,000 shall be for national leadership
activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,198,210,000, which shall remain
available through September 30, 2019.
The maximum Pell Grant for which a student shall be
eligible during award year 2018-2019 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act,
$1,697,711,000, to remain available through September 30,
2019.
Higher Education
For carrying out, to the extent not otherwise provided,
titles III, IV, V, VI, and VII of the HEA, and section 117 of
the Carl D. Perkins Career and Technical Education Act of
2006, $2,038,126,000: Provided, That notwithstanding any
other provision of law, funds made available in this Act to
carry out title VI of the HEA may be used to support visits
and study in foreign countries by individuals who are
participating in advanced foreign language training and
international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the
funds made available under chapter 2 of subpart 2 of part A
of title IV of the HEA may be used for evaluation.
Howard University
For partial support of Howard University, $221,821,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $434,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,112,000, as
authorized pursuant to part D of title III of the HEA, which
shall remain available through September 30, 2019: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $313,513,000:
Provided further, That these funds may be used to support
loans to public and private Historically Black Colleges and
Universities without regard to the limitations within section
344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $333,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$605,267,000, which shall remain available through September
30, 2019: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may
be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce
data systems, or to further develop such systems: Provided
further, That up to $6,000,000 of the funds available to
carry out section 208 of the Educational Technical Assistance
Act may be used for awards to public or private organizations
or agencies to support activities to improve data
coordination, quality, and use at the local, State, and
national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $431,000,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $108,500,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $59,256,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing, or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall not be used to create any new program or to fund any
project or activity for which no funds are provided in
[[Page H6939]]
this Act: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.
Sec. 305. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2018''
for ``2017''.
Sec. 306. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA
shall be available from July 1, 2018, through September 30,
2019.
Sec. 307. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2018 may use
the income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and
V of the HEA are reauthorized.
Sec. 308. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
is amended by striking ``2017'' and inserting ``2018''.
Sec. 309. Section 458(a) of the HEA (20 U.S.C. 1087h(a))
is amended in paragraph (4) by striking ``2017'' and
inserting ``2018''.
(rescission)
Sec. 310. Of the unobligated balances available from
Public Law 114-113 under the heading ``Student Financial
Assistance'' for carrying out subpart 1 of part A of title IV
of the HEA, $3,270,844,000 are hereby rescinded.
This title may be cited as the ``Department of Education
Appropriations Act, 2018''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established under
section 8502 of title 41, United States Code, $8,000,000:
Provided, That in order to authorize any central nonprofit
agency designated pursuant to section 8503(c) of title 41,
United States Code, to perform contract requirements of the
Committee as prescribed under section 51-3.2 of title 41,
Code of Federal Regulations, the Committee shall enter into a
written agreement with any such central nonprofit agency:
Provided further, That such agreement shall contain such
auditing, oversight, and reporting provisions as necessary to
implement chapter 85 of title 41, United States Code:
Provided further, That such agreement shall include the
elements listed under this heading in the explanatory
statement accompanying Public Law 114-113: Provided further,
That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal
Regulations, unless such fee is under the terms of the
written agreement between the Committee and any such central
nonprofit agency: Provided further, That no less than
$1,250,000 shall be available for the Office of Inspector
General to remain available through September 30, 2019.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973
(referred to in this title as ``1973 Act'') and the National
and Community Service Act of 1990 (referred to in this title
as ``1990 Act''), $736,029,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the
1990 Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and
electronic management of the grants cycle; (2) $16,538,000
shall be available to provide assistance to State commissions
on national and community service, under section 126(a) of
the 1990 Act and notwithstanding section 501(a)(5)(B) of the
1990 Act; (3) $30,000,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $3,800,000 shall be
available for expenses authorized under section 501(a)(4)(F)
of the 1990 Act, which, notwithstanding the provisions of
section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the
1990 Act, satisfying the requirements in section 122(c)(1)(D)
may include a determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $206,842,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $81,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$5,750,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2018,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that
is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle
B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934,
an amount which shall be available within limitations
specified by that Act, for the fiscal year 2020,
$445,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That
none of the funds made available to CPB by this Act shall be
available or used to aid or support any program or activity
from which any person is excluded, or is denied benefits, or
is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That
none of the funds made available to CPB by this Act shall be
used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other
personnel action with respect to officers, agents, and
employees of CPB: Provided further, That none of the funds
made available to CPB by this Act shall be used to support
the Television Future Fund or any similar purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$46,650,000, including up to $900,000 to remain available
through September 30, 2019, for activities authorized by the
Labor-Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the
[[Page H6940]]
United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the
Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $17,134,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $231,000,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $7,500,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $12,175,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,200,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $249,000,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.
administrative provisions
Sec. 406. None of the funds provided by this Act or
previous Acts making appropriations for the National Labor
Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any
means of voting through any electronic means in an election
to determine a representative for the purposes of collective
bargaining.
Sec. 407. (a) None of the funds made available by this Act
may be used to enforce the National Labor Relations Act (29
U.S.C. 152) against any Indian Tribe, including any
enterprise or institution owned and operated by an Indian
Tribe and located on its Indian lands.
(b) For purposes of this section--
(1) the term ``Indian Tribe'' means any Indian Tribe, band,
nation, pueblo, Native Alaskan group, or other organized
group or community which is recognized as eligible for the
special programs and services provided by the United States
to Indians because of their status as Indians;
(2) the term ``Indian'' means any individual who is a
member of an Indian Tribe; and
(3) the term ``Indian lands' '' means--
(A) all lands within the limits of any Indian reservation;
(B) any lands title to which is either held in trust by the
United States for the benefit of any Indian Tribe or
individual or held by any Indian Tribe or individual subject
to restriction by the United States against alienation; and
(C) any lands in the State of Oklahoma that are within the
boundaries of a former reservation (as defined by the
Secretary of the Interior) of a federally recognized Indian
Tribe.
Sec. 408. None of the funds made available by this Act may
be used to issue, enforce, or litigate any administrative
directive, regulation, representation issue, or unfair labor
practice proceeding, or any other administrative complaint,
charge, claim, or proceeding based on the standard for
determining whether entities are ``joint employers'' set
forth by the National Labor Relations Board in Browning-
Ferris Industries of California, Inc., 362 NLRB No. 186
(August 27, 2015).
Sec. 409. None of the funds made available by this Act may
be used to--
(1) implement, create, apply, or enforce through
prosecution, adjudication, rulemaking, or the issuing of any
interpretation, opinion, certification, decision, or policy,
any standard for initial bargaining unit determinations that
conflicts with the standard articulated in the majority
opinion in Wheeling Island Gaming Inc. and United Food and
Commercial Workers International Union, Local 23, 355 NLRB
127 (August 27, 2010) (including the majority opinion in
footnote 2), except for unit determinations governed by
section 103.30 of title 34, Code of Federal Regulations, for
employers covered by such section; or
(2) implement, create, apply, or enforce through
prosecution, adjudication, rulemaking, or the issuing of any
interpretation, opinion, certification, decision, or policy,
any standard for initial bargaining unit determinations that
utilize the overwhelming community of interest test except in
accretion cases.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $13,500,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $12,875,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $22,000,000, which shall include amounts becoming
available in fiscal year 2018 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2019, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $113,500,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund:
Provided, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided
further, That the previous proviso shall not change the
status under Federal employment laws of any attorney hired by
the Railroad Retirement Board prior to January 1, 2013.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$10,000,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m) and 1131(b)(2) of the
Social Security Act, $11,400,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $38,591,635,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $101,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act, and remain available through September
30, 2020.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2019,
$19,500,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$12,273,945,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,300,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated balances
of funds
[[Page H6941]]
provided under this paragraph at the end of fiscal year 2018
not needed for fiscal year 2018 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That the Commissioner of Social Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated
balances available under the authority in the previous
proviso: Provided further, That reimbursement to the trust
funds under this heading for expenditures for official time
for employees of the Social Security Administration pursuant
to 5 U.S.C. 7131, and for facilities or support services for
labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as
soon as possible after such expenditures are made.
Of the total amount made available under this heading, not
more than $1,735,000,000, to remain available through March
31, 2019, is for the costs associated with continuing
disability reviews under titles II and XVI of the Social
Security Act, including work-related continuing disability
reviews to determine whether earnings derived from services
demonstrate an individual's ability to engage in substantial
gainful activity, for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social
Security Act, for the cost of co-operative disability
investigation units, and for the cost associated with the
prosecution of fraud in the programs and operations of the
Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount,
$273,000,000 is provided to meet the terms of section
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and $1,462,000,000
is additional new budget authority specified for purposes of
section 251(b)(2)(B) of such Act: Provided further, That the
Commissioner shall provide to the Congress (at the conclusion
of the fiscal year) a report on the obligation and
expenditure of these funds, similar to the reports that were
required by section 103(d)(2) of Public Law 104-121 for
fiscal years 1996 through 2002.
In addition, $118,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2018
exceed $118,000,000, the amounts shall be available in fiscal
year 2019 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $30,000,000, together with not to exceed
$75,500,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days
in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or
any State or local legislature itself, or designed to support
or defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence the enactment
of legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and
recognized executive-legislative relationships or
participation by an agency or officer of a State, local or
tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or
any proposed, pending, or future requirement or restriction
on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
[[Page H6942]]
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2018, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2018, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2018 that are different than those specified in
this Act, the accompanying detailed table in the committee
report accompanying this Act, or the fiscal year 2018 budget
request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000 in value and awarded by the Department on a non-
competitive basis during each quarter of fiscal year 2018,
but not to include grants awarded on a formula basis or
directed by law. Such report shall include the name of the
contractor or grantee, the amount of funding, the
governmental purpose, including a justification for issuing
the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of
the quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 520. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of
any illegal drug: Provided, That such limitation does not
apply to the use of funds for elements of a program other
than making such purchases if the relevant State or local
health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or
local jurisdiction, as applicable, is experiencing, or is at
risk for, a significant increase in hepatitis infections or
an HIV outbreak due to injection drug use, and such program
is operating in accordance with State and local law.
Sec. 521. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 522. None of the funds made available under this or
any other Act, or any prior Appropriations Act, may be
provided to the Association of Community Organizations for
Reform Now (ACORN), or any of its affiliates, subsidiaries,
allied organizations, or successors.
Sec. 523. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12
dated May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 524. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to
the agency for advertising or other communications regarding
the programs and activities of the agency.
Sec. 525. (a) Federal agencies may use Federal
discretionary funds that are made available in this Act to
carry out up to 10 Performance Partnership Pilots. Such
Pilots shall be governed by the provisions of section 526 of
division H of Public Law 113-76, except that in carrying out
such Pilots section 526 shall be applied by substituting
``Fiscal Year 2018'' for ``Fiscal Year 2014'' in the title of
subsection (b) and by substituting ``September 30, 2022'' for
``September 30, 2018'' each place it appears: Provided, That
such pilots shall include communities that have experienced
civil unrest.
[[Page H6943]]
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of division H of Public Law 113-76, section 524 of division G
of Public Law 113-235, and section 525 of division H of
Public Law 114-113.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such
authorities.
Sec. 526. Not later than 30 days after the end of each
calendar quarter, beginning with the first quarter of fiscal
year 2013, the Departments of Labor, Health and Human
Services and Education and the Social Security Administration
shall provide the Committees on Appropriations of the House
of Representatives and Senate a quarterly report on the
status of balances of appropriations: Provided, That for
balances that are unobligated and uncommitted, committed, and
obligated but unexpended, the quarterly reports shall
separately identify the amounts attributable to each source
year of appropriation (beginning with fiscal year 2012, or,
to the extent feasible, earlier fiscal years) from which
balances were derived.
Sec. 527. None of the funds made available in this Act may
be used to implement, administer, enforce, or further any
provision of Public Law 111-148 or title I or subtitle B of
title II of Public Law 111-152 and the amendment made by such
provision: Provided, That funds in this Act may be used to
implement, administer, enforce, or further the rate setting
process for calendar year 2018 and fiscal year 2019 for
Medicare under title XVIII of the Social Security Act:
Provided further, That funds in this Act may be used to
implement, administer, enforce, or further the final rules
for the provisions of (and amendments made by) sections
2501(c), 2501(d), and 2503 of Public Law 111-148, as amended
by sections 1206(a) and 1101(c) of Public Law 111-152,
insofar as each respective rule relates to calendar year
2018.
Sec. 528. None of the funds made available by this Act may
be used to conduct or support research using human fetal
tissue if such tissue is obtained pursuant to an induced
abortion.
Sec. 529 (a) IN GENERAL.--Notwithstanding any other
provision of law, none of the funds made available by this
Act may be made available either directly, through a State
(including through managed care contracts with a State), or
through any other means, to a prohibited entity.
(b) PROHIBITED ENTITY.--The term ``prohibited entity''
means an entity, including its affiliates, subsidiaries,
successors, and clinics--
(1) that, as of the date of enactment of this Act--
(A) is an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code;
(B) is an essential community provider described in section
156.235 of title 45, Code of Federal Regulations (as in
effect on the date of enactment of this Act), that is
primarily engaged in family planning services, reproductive
health, and related medical care; and
(C) performs, or provides any funds to any other entity
that performs abortions, other than an abortion performed--
(i) in the case of a pregnancy that is the result of an act
of rape or incest; or
(ii) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life endangering
physical condition caused by, or arising from, the pregnancy
itself; and
(2) for which the total amount of Federal grants to such
entity, including grants to any affiliates, subsidiaries, or
clinics of such entity, under title X of the Public Health
Service Act in fiscal year 2016 exceeded $23,000,000.
(c)(1) END OF PROHIBITION.--The definition in subsection
(b) shall cease to apply to an entity if such entity
certifies that it, including its affiliates, subsidiaries,
successors, and clinics, will not perform, and will not
provide any funds to any other entity that performs, an
abortion as described in subsection (b)(1)(C).
(2) REPAYMENT.--The Secretary of Health and Human Services
shall seek repayment of any Federal assistance received by
any entity that had made a certification described in
paragraph (1) and subsequently violated the terms of such
certification.
(rescission)
Sec. 530. Of the unobligated balances in the
``Nonrecurring expenses fund'' established in section 223 of
division G of Public Law 110-161 $560,000,000 is rescinded.
(rescission)
Sec. 531. Of the funds made available for fiscal year 2018
under section 3403 of Public Law 111-148, $15,000,000 are
rescinded.
Sec. 532. Amounts deposited in the Child Enrollment
Contingency Fund prior to the beginning of fiscal year 2018
under section 2104(n)(2) of the Social Security Act and the
income derived from investment of those funds pursuant to
section 2104(n)(2)(C) of that Act, shall not be available for
obligation in this fiscal year.
(rescission)
Sec. 533. Of the unobligated balances of amounts
appropriated under section 1101(g) of Public Law 111-148 (42
U.S.C. 18001(g)), $323,000,000 is rescinded.
(rescission)
Sec. 534. Of the funds made available for purposes of
carrying out section 2105(a)(3) of the Social Security Act,
$88,613,000 are hereby rescinded.
(rescission)
Sec. 535. Of any available amounts appropriated under
section 301(b)(3) of Public Law 114-10, $3,945,905,000 are
hereby rescinded.
Sec. 536. (a) This section may be cited as the ``Conscience
Protection Act of 2017''.
(b) Congress finds as follows:
(1) Thomas Jefferson stated a conviction common to our
Nation's founders when he declared in 1809 that ``[n]o
provision in our Constitution ought to be dearer to man than
that which protects the rights of conscience against the
enterprises of the civil authority''.
(2) In 1973, the Supreme Court concluded that the
government must leave the abortion decision ``to the medical
judgment of the pregnant woman's attending physician'',
recognizing that a physician may choose not to participate in
abortion. Roe v. Wade, 410 U.S. 113, 164 (1973). The Court
cited with approval a policy that ``neither physician,
hospital, nor hospital personnel shall be required to perform
any act violative of personally-held moral principles'', 410
U.S. at 143 n. 38, and cited State laws upholding this
principle. Doe v. Bolton, 410 U.S. 179, 197-8 (1973).
(3) Congress's enactments to protect this right of
conscience in health care include the Church amendment of
1973 (42 U.S.C. 300a-7), the Coats/Snowe amendment of 1996
(42 U.S.C. 238n), and the Weldon amendment approved by
Congresses and Presidents of both parties every year since
2004.
(4) None of these laws explicitly provides a ``private
right of action'' so victims of discrimination can defend
their conscience rights in court, and administrative
enforcement by the Department of Health and Human Services
Office for Civil Rights has been lax, at times allowing cases
to languish for years without resolution.
(5) Defying the Federal Weldon amendment, California's
Department of Managed Health Care has mandated coverage for
all elective abortions in all health plans under its
jurisdiction. Other States such as New York and Washington
have taken or considered similar action, and some States may
go farther to require all physicians and hospitals to provide
or facilitate abortions. On June 21, 2016, the Obama
Administration concluded a nearly two-year investigation of
this matter by determining that California's decision to
require insurance plans under the California Department for
Managed Health Care authority to cover all legal abortion
services did not violate the Weldon amendment. Until the new
Administration is able to reverse this finding, individuals
will have to choose between ignoring their conscience or
forgoing health care coverage.
(6) The vast majority of medical professionals do not
perform abortions, with 86 percent of ob/gyns unwilling to
provide them in a recent study (Obstetrics & Gynecology,
Sept. 2011) and the great majority of hospitals choosing to
do so in rare cases or not at all.
(7) A health care provider's decision not to participate in
an abortion, like Congress's decision not to fund most
abortions, erects no new barrier to those seeking to perform
or undergo abortions but leaves each party free to act as he
or she wishes.
(8) Such protection poses no conflict with other Federal
laws, such as the law requiring emergency stabilizing
treatment for a pregnant woman and her unborn child when
either is in distress (Emergency Medical Treatment and Active
Labor Act). As the previous Administration has said, these
areas of law have operated side by side for many years and
both should be fully enforced (76 Fed. Reg. 9968-77 (2011) at
9973).
(9) Reaffirming longstanding Federal policy on conscience
rights and providing a right of action in cases where it is
violated allows longstanding and widely supported Federal
laws to work as intended.
(c) Title II of the Public Health Service Act (42 U.S.C.
202 et seq.) is amended by inserting after section 245 the
following:
``SEC. 245A. PROHIBITING GOVERNMENTAL DISCRIMINATION AGAINST
PROVIDERS OF HEALTH SERVICES THAT ARE NOT
INVOLVED IN ABORTION.
``(a) In General.--Notwithstanding any other law, the
Federal Government, and any State or local government that
receives Federal financial assistance, may not penalize,
retaliate against, or otherwise discriminate against a health
care provider on the basis that the provider does not--
``(1) perform, refer for, pay for, or otherwise participate
in abortion;
``(2) provide or sponsor abortion coverage; or
``(3) facilitate or make arrangements for any of the
activities specified in this subsection.
``(b) Rule of Construction.--Nothing in this section shall
be construed--
``(1) to prevent any health care provider from voluntarily
electing to participate in abortions or abortion referrals;
``(2) to prevent any health care provider from voluntarily
electing to provide or sponsor abortion coverage or health
benefits coverage that includes abortion;
``(3) to prevent an accrediting agency, the Federal
Government, or a State or local government from establishing
standards of medical competency applicable only to those
[[Page H6944]]
who have knowingly, voluntarily, and specifically elected to
perform abortions, or from enforcing contractual obligations
applicable only to those who, as part of such contract,
knowingly, voluntarily, and specifically elect to provide
abortions;
``(4) to affect, or be affected by, section 1867 of the
Social Security Act (42 U.S.C. 1395dd, commonly referred to
as the `Emergency Medical Treatment and Active Labor Act');
or
``(5) to supersede any law enacted by any State for the
purpose of regulating insurance, except as specified in
subsection (a).
``(c) Administration.--The Secretary shall designate the
Director of the Office for Civil Rights of the Department of
Health and Human Services--
``(1) to receive complaints alleging a violation of this
section, section 245 of this Act, or any of subsections (b)
through (e) of section 401 of the Health Programs Extension
Act of 1973; and
``(2) to pursue the investigation of such complaints in
coordination with the Attorney General.
``(d) Definitions.--For purposes of this section:
``(1) Federal financial assistance.--The term `Federal
financial assistance' means Federal payments to cover the
cost of health care services or benefits, or other Federal
payments, grants, or loans to promote or otherwise facilitate
health-related activities.
``(2) Health care provider.--The term `health care
provider' means--
``(A) an individual physician, nurse, or other health care
professional;
``(B) a hospital, health system, or other health care
facility or organization (including a party to a proposed
merger or other collaborative arrangement relating to health
services, and an entity resulting therefrom);
``(C) a provider-sponsored organization, an accountable
care organization, or a health maintenance organization;
``(D) a social services provider that provides or
authorizes referrals for health care services;
``(E) a program of training in the health professions or an
applicant to or participant in such a program;
``(F) an issuer of health insurance coverage; or
``(G) a group health plan or student health plan, or a
sponsor or administrator thereof.
``(3) State or local government that receives federal
financial assistance.--The term `State or local government
that receives Federal financial assistance' includes every
agency and other governmental unit and subdivision of a State
or local government, if such State or local government, or
any agency or governmental unit or subdivision thereof,
receives Federal financial assistance.
``SEC. 245B. CIVIL ACTION FOR CERTAIN VIOLATIONS.
``(a) In General.--A qualified party may, in a civil
action, obtain appropriate relief with regard to a designated
violation.
``(b) Definitions.--For purposes of this section:
``(1) Qualified party.--The term `qualified party' means--
``(A) the Attorney General of the United States; or
``(B) any person or entity adversely affected by the
designated violation.
``(2) Designated violation.--The term `designated
violation' means an actual or threatened violation of--
``(A) section 245 or 245A of this Act; or
``(B) any of subsections (b) through (e) of section 401 of
the Health Programs Extension Act of 1973 regarding an
objection to abortion.
``(c) Administrative Remedies Not Required.--An action
under this section may be commenced, and relief may be
granted, without regard to whether the party commencing the
action has sought or exhausted available administrative
remedies.
``(d) Defendants in Actions Under This Section May Include
Governmental Entities as Well as Others.--
``(1) In general.--An action under this section may be
maintained against, among others, a party that is a Federal
or State governmental entity. Relief in an action under this
section may include money damages even if the defendant is
such a governmental entity.
``(2) Definition.--For the purposes of this subsection, the
term `State governmental entity' means a State, a local
government within a State, and any agency or other
governmental unit or subdivision of a State or of such a
local government.
``(e) Nature of Relief.--In an action under this section,
the court shall grant--
``(1) all necessary equitable and legal relief, including,
where appropriate, declaratory relief and compensatory
damages, to prevent the occurrence, continuance, or
repetition of the designated violation and to compensate for
losses resulting from the designated violation; and
``(2) to a prevailing plaintiff, reasonable attorneys' fees
and litigation expenses as part of the costs.''.
Sec. 537. None of the funds made available by this Act may
be used to implement, administer, or enforce the rule
entitled ``Establishing a Minimum Wage for Contractors''
published by the Department of Labor in the Federal Register
on October 7, 2014 (79 Fed. Reg. 60634), with respect to
Federal contracts, permits, or other contract-like
instruments entered into with the Federal Government in
connection with Federal property or lands, specifically
related to offering seasonal recreational services or
seasonal recreation equipment rental for the general public:
Provided, That this section shall not apply to lodging and
food services associated with seasonal recreation services.
references to act
Sec. 538. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
reference to report
Sec. 539. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-244. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 540. $0.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2018''.
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of State, foreign operations, and related programs for the
fiscal year ending September 30, 2018, and for other
purposes, namely:
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $5,449,289,000,
of which up to $610,000,000 may remain available until
September 30, 2019, and of which up to $1,380,752,000 may
remain available until expended for Worldwide Security
Protection: Provided, That funds made available under this
heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948,
$2,522,390,000, of which up to $476,879,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,260,517,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation and
disarmament activities as authorized, $740,052,000.
(4) Security programs.--For necessary expenses for security
activities, $926,330,000, of which up to $903,873,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
[[Page H6945]]
(D) Funds appropriated under this heading may be made
available for Conflict Stabilization Operations and for
related reconstruction and stabilization assistance to
prevent or respond to conflict or civil strife in foreign
countries or regions, or to enable transition from such
strife.
(E) Funds appropriated under this heading in this Act that
are designated for Worldwide Security Protection shall
continue to be made available for support of security-related
training at sites in existence prior to the enactment of this
Act.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $15,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$73,869,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to
post inspections: Provided, That of the funds appropriated
under this heading, $13,060,000 may remain available until
September 30, 2019.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $590,900,000, to remain available until
expended, of which not less than $236,000,000 shall be for
the Fulbright Program and not less than $111,360,000 shall be
for Citizen Exchange Program, including $4,125,000 for the
Congress-Bundestag Youth Exchange: Provided, That fees or
other payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to
this account, to remain available until expended: Provided
further, That any substantive modifications from the prior
fiscal year to programs funded by this Act under this heading
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,000,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,890,000, to remain available
until September 30, 2019.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the
Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $754,459,000, to
remain available until expended, of which not to exceed
$25,000 may be used for domestic and overseas representation
expenses as authorized: Provided, That none of the funds
appropriated in this paragraph shall be available for
acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States
Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,488,237,000,
to remain available until expended: Provided, That not later
than 45 days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations the
proposed allocation of funds made available under this
heading and the actual and anticipated proceeds of sales for
all projects in fiscal year 2018.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $7,885,000, to remain
available until expended, of which not to exceed $1,000,000
may be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,440,856.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $30,557,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees
collected from other executive agencies for lease or use of
facilities at the International Center in accordance with
section 4 of the International Center Act (Public Law 90-
553), and, in addition, as authorized by section 5 of such
Act, $743,000, to be derived from the reserve authorized by
such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $1,074,645,000: Provided, That
the Secretary of State shall, at the time of the submission
of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees
on Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify
the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United
Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget: Provided further,
That not later than June 1, 2018, and 30 days after the end
of fiscal year 2018, the Secretary of State shall report to
the Committees on Appropriations any credits attributable to
the United States, including from the United Nations Tax
Equalization Fund, and provide updated fiscal year 2018 and
fiscal year 2019 assessment costs including offsets from
available credits and updated foreign currency exchange
rates: Provided further, That any such credits shall only be
available for United States assessed contributions to the
United Nations regular budget, and the Committees on
Appropriations shall be notified when such credits are
applied to any assessed contribution, including any payment
of arrearages: Provided further, That any notification
regarding funds appropriated or otherwise made available
under this heading in this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs submitted pursuant to
section 7015 of this Act, section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7076 of this
Act, shall include an estimate of all known credits currently
attributable to the United States and provide updated
assessment costs, including offsets from available credits
and updated foreign currency exchange rates: Provided
further, That any payment of arrearages under this heading
shall be directed to activities that are mutually agreed upon
by the United States and the respective international
organization and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That none of the funds appropriated under this
heading shall be available for a United States contribution
to an international organization for the United States share
of interest costs made known to the United States Government
by such organization for loans incurred on or after October
1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $529,909,000, of which 15 percent shall remain
available until September 30, 2019: Provided, That none of
the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the
Committees on Appropriations are notified of: (1) the
estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and
the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost
in future fiscal years: Provided further, That none of the
funds appropriated under this heading may be made available
for obligation unless the Secretary of State certifies and
reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking
in persons, exploiting victims of trafficking, or committing
acts of sexual exploitation and abuse or other violations of
human rights, and to bring to justice individuals who engage
in such acts while participating in such mission, including
prosecution in their home countries and making information
about such prosecutions publicly available on the Web site of
the United Nations: Provided further, That the Secretary of
State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That funds shall
be available for peacekeeping expenses unless the Secretary
of State determines that
[[Page H6946]]
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material
for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers: Provided
further, That none of the funds appropriated or otherwise
made available under this heading may be used for any United
Nations peacekeeping mission that will involve United States
Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors
have submitted to the President a recommendation that such
involvement is in the national interest of the United States
and the President has submitted to Congress such a
recommendation: Provided further, That not later than June 1,
2018, and 30 days after the end of fiscal year 2018, the
Secretary of State shall report to the Committees on
Appropriations any credits attributable to the United States,
including those resulting from United Nations peacekeeping
missions or the United Nations Tax Equalization Fund, and
provide updated fiscal year 2018 and fiscal year 2019
assessment costs including offsets from available credits:
Provided further, That any such credits shall only be
available for United States assessed contributions to United
Nations peacekeeping missions, and the Committees on
Appropriations shall be notified when such credits are
applied to any assessed contribution, including any payment
of arrearages: Provided further, That any notification
regarding funds appropriated or otherwise made available
under this heading in this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs submitted pursuant to
section 7015 of this Act, section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7076 of this
Act, shall include an estimate of all known credits currently
attributable to the United States and provide updated
assessment costs, including offsets from available credits:
Provided further, That any payment of arrearages with funds
appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall work with
the United Nations and members of the United Nations Security
Council to evaluate and prioritize peacekeeping missions, and
to consider a draw down when mission goals have been
substantially achieved.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$44,748,000.
construction
For detailed plan preparation and construction of
authorized projects, $27,900,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and the Border Environment Cooperation Commission as
authorized by the North American Free Trade Agreement
Implementation Act (Public Law 103-182), $12,184,000:
Provided, That of the amount provided under this heading for
the International Joint Commission, up to $500,000 may remain
available until September 30, 2019, and $9,000 may be made
available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $34,176,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants
for radio, Internet, and television broadcasting to the
Middle East, $764,936,000: Provided, That in addition to
amounts otherwise available for such purposes, up to
$34,935,000 of the amount appropriated under this heading may
remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than
$13,800,000 shall be for Internet freedom programs: Provided
further, That of the total amount appropriated under this
heading, not to exceed $35,000 may be used for representation
expenses, of which $10,000 may be used for such expenses
within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free
Europe/Radio Liberty: Provided further, That the BBG shall
notify the Committees on Appropriations within 15 days of any
determination by the BBG that any of its broadcast entities,
including its grantee organizations, provides an open
platform for international terrorists or those who support
international terrorism, or is in violation of the principles
and standards set forth in subsections (a) and (b) of section
303 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6202) or the entity's journalistic code of
ethics: Provided further, That significant modifications to
BBG broadcast hours previously justified to Congress,
including changes to transmission platforms (shortwave,
medium wave, satellite, Internet, and television), for all
BBG language services shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That in addition to funds made available
under this heading, and notwithstanding any other provision
of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts
from cooperating international organizations, and up to
$1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out
authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $4,791,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $15,810,000, to remain
available until expended.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $35,300,000, to remain
available until September 30, 2019, which shall not be used
for construction activities.
Center for Middle Eastern-western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (22
U.S.C. 2078), the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2018, to
remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2018, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by section 5376 of title 5, United States
Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations,
including the restrictions on compensation for personal
services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2018, to remain available until expended.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $170,000,000,
to remain available until expended, of which $117,500,000
shall be allocated in the traditional and customary manner,
including for the core institutes, and $52,500,000 shall be
for democracy programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $675,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2018:
Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such
authority.
[[Page H6947]]
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C.
6431 et seq.), $4,500,000, to remain available until
September 30, 2019, including not more than $4,000 for
representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,579,000, including not more than $4,000 for representation
expenses, to remain available until September 30, 2019.
Congressional-executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized
by title III of the U.S.-China Relations Act of 2000 (22
U.S.C. 6911 et seq.), $2,000,000, including not more than
$3,000 for representation expenses, to remain available until
September 30, 2019.
United States-china Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2019: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall continue in effect during fiscal
year 2018 and shall apply to funds appropriated under this
heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,133,906,000, of which up to $170,085,000 may remain
available until September 30, 2019: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated
under this heading may entail commitments for the expenditure
of such funds through the following fiscal year: Provided
further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to ``Operating Expenses''
in accordance with the provisions of those sections: Provided
further, That of the funds appropriated or made available
under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses,
and not to exceed $100,500 shall be for official residence
expenses, for USAID during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $174,985,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available subject to
the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$69,000,000, of which up to $10,350,000 may remain available
until September 30, 2019, for the Office of Inspector General
of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $2,651,000,000, to
remain available until September 30, 2019, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall
be made available for training, equipment, and technical
assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6)
disaster preparedness training for health crises; (7)
programs to prevent, prepare for, and respond to,
unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That
funds appropriated under this paragraph may be made available
for a United States contribution to the GAVI Alliance and the
United Nations Children's Fund: Provided further, That none
of the funds made available in this Act nor any unobligated
balances from prior appropriations Acts may be made available
to any organization or program which, as determined by the
President of the United States, supports or participates in
the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made
not later than 6 months after the date of enactment of this
Act, and must be accompanied by the evidence and criteria
utilized to make the determination: Provided further, That
none of the funds made available under this Act may be used
to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice
abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That none
of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following
requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of
family planning acceptors, or acceptors of a particular
method of family planning (this provision shall not be
construed to include the use of quantitative estimates or
indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota
of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of this
or any other Act authorizing or appropriating funds for the
Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
[[Page H6948]]
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,670,000,000, to remain available until September 30,
2022, which shall be apportioned directly to the Department
of State: Provided, That funds appropriated under this
paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25), as amended, for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis
and Malaria (Global Fund), and shall be expended at the
minimum rate necessary to make timely payment for projects
and activities: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund
in fiscal year 2018 may be made available to USAID for
technical assistance related to the activities of the Global
Fund, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this paragraph, up to $17,000,000
may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of
the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $2,780,971,000, to remain available until September 30,
2019.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $1,033,483,000, to remain
available until expended.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency
for International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, $30,000,000, to remain
available until expended, to support transition to democracy
and long-term development of countries in crisis: Provided,
That such support may include assistance to develop,
strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict: Provided further, That the
USAID Administrator shall submit a report to the Committees
on Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
Secretary of State determines that it is important to the
national interest of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees
on Appropriations.
development credit authority
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $50,000,000 may be derived by transfer
from funds appropriated by this Act to carry out part I of
such Act and under the heading ``Assistance for Europe,
Eurasia and Central Asia'': Provided, That funds provided
under this paragraph and funds provided as a gift that are
used for purposes of this paragraph pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made
available only for micro- and small enterprise programs,
urban programs, and other programs which further the purposes
of part I of such Act: Provided further, That funds provided
as a gift that are used for purposes of this paragraph shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That such costs, including the cost of
modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That funds made available
by this paragraph may be used for the cost of modifying any
such guaranteed loans under this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, and funds used for such
cost, including if the cost results in a negative subsidy,
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading, except that the principal amount of loans made or
guaranteed under this heading with respect to any single
country shall not exceed $300,000,000: Provided further, That
these funds are available to subsidize total loan principal,
any portion of which is to be guaranteed, of up to
$1,750,000,000.
In addition, for administrative expenses to carry out
credit programs administered by USAID, $9,120,000, of which
up to $1,300,000 may remain available until September 30,
2019.
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$1,041,761,000, to remain available until September 30, 2019.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, including to carry out the purposes of section
502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$145,375,000, to remain available until September 30, 2019,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated
under this heading that are made available to the National
Endowment for Democracy and its core institutes are in
addition to amounts otherwise available by this Act for such
purposes: Provided further, That the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State,
shall consult with the Committees on Appropriations prior to
the obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $65,125,000, to
remain available until September 30, 2019, which shall be
made available for the Bureau for Democracy, Conflict, and
Humanitarian Assistance, United States Agency for
International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act
(Public Law 102-511), and the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179),
$691,571,000, to remain available until September 30, 2019,
which shall be available, notwithstanding any other provision
of law, except section 7070 of this Act, for assistance and
related programs for countries identified in section 3 of
Public Law 102-511 and section 3(c) of Public Law 101-179, in
addition to funds otherwise available for such purposes:
Provided, That funds appropriated by this Act under the
headings ``Global Health Programs'' and ``Economic Support
Fund'' that are made available for assistance for such
countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to
section 102 of Public Law 102-511 and section 601 of Public
Law 101-179: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance
under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in
that Act for the use of economic assistance.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962, and other activities to meet refugee and
migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980;
allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $877,802,000, to remain
available until expended, of which not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements, and $7,500,000 shall be made
available for refugees resettling in Israel.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$398,221,000, of which $5,500,000 is for the Office of
Inspector General, to remain available until September 30,
2019: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may
not be derived from amounts made available for Peace Corps
overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may
be available for representation expenses, of which not to
exceed $4,000 may be made available for entertainment
expenses: Provided further, That any decision to open, close,
significantly reduce, or suspend a domestic or overseas
office or country program shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on
[[Page H6949]]
Appropriations, except that prior consultation and regular
notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps
personnel, pursuant to section 7015(e) of this Act: Provided
further, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That notwithstanding the previous proviso, section 614 of
division E of Public Law 113-76 shall apply to funds
appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $697,600,000, to remain available until expended:
Provided, That up to 5 percent of the funds appropriated
under this heading may be made available to carry out the
purposes of section 616 of the MCA for fiscal year 2018:
Provided further, That section 605(e) of the MCA shall apply
to funds appropriated under this heading: Provided further,
That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into
pursuant to section 609 of the MCA only if such Compact
obligates, or contains a commitment to obligate subject to
the availability of funds and the mutual agreement of the
parties to the Compact to proceed, the entire amount of the
United States Government funding anticipated for the duration
of the Compact: Provided further, That the Millennium
Challenge Corporation (MCC) Chief Executive Officer shall
notify the Committees on Appropriations not later than 15
days prior to commencing negotiations for any country compact
or threshold country program; signing any such compact or
threshold program; or terminating or suspending any such
compact or threshold program: Provided further, That funds
appropriated under this heading by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs that are available to
implement section 609(g) of the MCA shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That no country should be
eligible for a threshold program after such country has
completed a country compact: Provided further, That any funds
that are deobligated from a Millennium Challenge Compact
shall be subject to the regular notification procedures of
the Committees on Appropriations prior to re-obligation:
Provided further, That notwithstanding section 606(a)(2) of
the MCA, a country shall be a candidate country for purposes
of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World
Bank's lower middle income country threshold for the fiscal
year and is among the 75 lowest per capita income countries
as identified by the World Bank; and the country meets the
requirements of section 606(a)(1)(B) of the MCA: Provided
further, That notwithstanding section 606(b)(1) of the MCA,
in addition to countries described in the preceding proviso,
a country shall be a candidate country for purposes of
eligibility for assistance for the fiscal year if the country
has a per capita income equal to or below the World Bank's
lower middle income country threshold for the fiscal year and
is not among the 75 lowest per capita income countries as
identified by the World Bank; and the country meets the
requirements of section 606(a)(1)(B) of the MCA: Provided
further, That any MCC candidate country under section 606 of
the MCA with a per capita income that changes in the fiscal
year such that the country would be reclassified from a low
income country to a lower middle income country or from a
lower middle income country to a low income country shall
retain its candidacy status in its former income
classification for the fiscal year and the 2 subsequent
fiscal years: Provided further, That publication in the
Federal Register of a notice of availability of a copy of a
Compact on the MCC Web site shall be deemed to satisfy the
requirements of section 610(b)(2) of the MCA for such
Compact: Provided further, That none of the funds made
available by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs shall be available for a threshold program in a
country that is not currently a candidate country.
In addition, for the administrative expenses of the MCC,
$102,400,000, of which up to $15,360,000 may remain available
until September 30, 2019: Provided, That of the funds
appropriated under this paragraph, not to exceed $100,000 may
be available for representation and entertainment expenses,
of which not to exceed $5,000 may be available for
entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$11,250,000, to remain available until September 30, 2019:
Provided, That of the funds appropriated under this heading,
not to exceed $1,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of
1980 (Public Law 96-533), $15,000,000, to remain available
until September 30, 2019, of which not to exceed $1,000 may
be available for representation expenses: Provided, That
funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board
of Directors of the United States African Development
Foundation (USADF): Provided further, That interest earned
shall be used only for the purposes for which the grant was
made: Provided further, That notwithstanding section
505(a)(2) of the African Development Foundation Act (22
U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board
of Directors of the USADF may waive the $250,000 limitation
contained in that section with respect to a project and a
project may exceed the limitation by up to 10 percent if the
increase is due solely to foreign currency fluctuation:
Provided further, That the USADF shall submit a report to the
appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the
USADF may make rent or lease payments in advance from
appropriations available for such purpose for offices,
buildings, grounds, and quarters in Africa as may be
necessary to carry out its functions: Provided further, That
the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such
accounts, in furtherance of the purposes of the African
Development Foundation Act: Provided further, That the USADF
may not withdraw any appropriation from the Treasury prior to
the need of spending such funds for program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$25,455,000, of which $3,182,000 may remain available until
September 30, 2019.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $848,139,000, to remain
available until September 30, 2019: Provided, That the
Department of State may use the authority of section 608 of
the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing
such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading shall be made available to support
training and technical assistance for foreign law
enforcement, corrections, and other judicial authorities,
utilizing regional partners: Provided further, That funds
made available under this heading that are transferred to
another department, agency, or instrumentality of the United
States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $5,000,000, and
any agreement made pursuant to section 632(a) of such Act,
shall be subject to the regular notification procedures of
the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$617,873,000, to remain available until September 30, 2019,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act, or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That the
Secretary of State shall inform the appropriate congressional
committees of information regarding any separate arrangements
relating to the ``Road-map for the Clarification of Past and
Present Outstanding Issues Regarding Iran's Nuclear Program''
between the IAEA and the Islamic Republic of Iran, in
classified form if necessary, if such information becomes
known to the Department of State: Provided further, That
funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be made
available, notwithstanding any other provision of law and
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and
shall remain available until
[[Page H6950]]
expended: Provided further, That such funds may also be used
for such countries other than the Independent States of the
former Soviet Union and international organizations when it
is in the national security interest of the United States to
do so: Provided further, That funds appropriated under this
heading may be made available for the IAEA unless the
Secretary of State determines that Israel is being denied its
right to participate in the activities of that Agency:
Provided further, That funds made available for conventional
weapons destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities,
subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$135,041,000: Provided, That funds appropriated under this
heading may be used, notwithstanding section 660 of such Act,
to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate
in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than
$31,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission
in the Sinai: Provided further, That none of the funds
appropriated under this heading shall be obligated except as
provided through the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$105,160,000, of which up to $11,000,000 may remain available
until September 30, 2019: Provided, That the civilian
personnel for whom military education and training may be
provided under this heading may include civilians who are not
members of a government whose participation would contribute
to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further, That
of the funds appropriated under this heading, not to exceed
$55,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $5,625,863,000: Provided, That to expedite the
provision of assistance to foreign countries and
international organizations, the Secretary of State,
following consultation with the Committees on Appropriations
and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading
to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That
of the funds appropriated under this heading, not less than
$3,100,000,000 shall be available for grants only for Israel:
Provided further, That funds appropriated under this heading
for grants only for Israel shall be disbursed within 30 days
of enactment of this Act: Provided further, That to the
extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel
under this heading shall, as agreed by the United States and
Israel, be available for advanced weapons systems, of which
not less than $815,300,000 shall be available for the
procurement in Israel of defense articles and defense
services, including research and development: Provided
further, That none of the funds made available under this
heading shall be made available to support or continue any
program initially funded under the authority of section 1206
of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3456), section 2282 of
title 10, United States Code, section 333 of title 10, United
States Code, as added by section 1241 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2497), or any successor authorities, unless the
Secretary of State, in coordination with the Secretary of
Defense, has justified such program to the Committees on
Appropriations: Provided further, That funds appropriated or
otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further, That funds
made available under this heading shall be obligated upon
apportionment in accordance with paragraph (5)(C) of section
1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not
more than $80,000,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including
the purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs
of administering military assistance and sales, except that
this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this
heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available
for entertainment expenses and not to exceed $130,000 may be
available for representation expenses: Provided further, That
not more than $950,000,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act may be
obligated for expenses incurred by the Department of Defense
during fiscal year 2018 pursuant to section 43(b) of the Arms
Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of
the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
International Financial Institutions
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $658,661,000, to remain
available until September 30, 2019.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$47,395,000, to remain available until September 30, 2019.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock,
$32,418,000, to remain available until September 30, 2019.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $109,387,000, to remain available
until September 30, 2019.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until September 30, 2019.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $5,700,000, of which up to $855,000 may
remain available until September 30, 2019.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act, that has detonated a nuclear explosive after
the date of the enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and
[[Page H6951]]
not to exceed $30,000 for official reception and
representation expenses for members of the Board of
Directors, not to exceed $95,500,000, of which up to
$14,325,000 may remain available until September 30, 2019:
Provided, That the Export-Import Bank (the Bank) may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for
a loan, guarantee or insurance commitment has been made:
Provided further, That the Bank shall charge fees for
necessary expenses (including special services performed on a
contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed
the Bank, repossession or sale of pledged collateral or other
assets acquired by the Bank in satisfaction of moneys owed
the Bank, or the investigation or appraisal of any property,
or the evaluation of the legal, financial, or technical
aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or
systems infrastructure directly supporting transactions:
Provided further, That in addition to other funds
appropriated for administrative expenses, such fees shall be
credited to this account for such purposes, to remain
available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of
1990, as amended, in an amount not to exceed the amount
appropriated herein, shall be credited as offsetting
collections to this account: Provided, That the sums herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as
to result in a final fiscal year appropriation from the
General Fund estimated at $0.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code,
such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be
necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $60,800,000: Provided further, That project-
specific transaction costs, including direct and indirect
costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or
potential investors pursuant to section 234 of the Foreign
Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans as authorized
by section 234 of the Foreign Assistance Act of 1961,
$10,000,000, to be derived by transfer from the Overseas
Private Investment Corporation Noncredit Account, to remain
available until September 30, 2020: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That funds so obligated in fiscal
year 2018 remain available for disbursement through 2026;
funds obligated in fiscal year 2019 remain available for
disbursement through 2027; and funds obligated in fiscal year
2020 remain available for disbursement through 2028: Provided
further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of chapter 2 of
part I of the Foreign Assistance Act of 1961 in Iraq:
Provided further, That funds made available pursuant to the
authority of the previous proviso shall be subject to the
regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$70,500,000, to remain available until September 30, 2019:
Provided, That of the funds appropriated under this heading,
not more than $5,000 may be available for representation and
entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31,
United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances
by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in
fiscal year 2018 or any previous fiscal year, disaggregated
by fiscal year: Provided, That the report required by this
section shall be submitted not later than 30 days after the
end of each fiscal quarter and should specify by account the
amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of this Act for any consulting service through
procurement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive Order issued
pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Information.--
The Secretary of State shall promptly inform the Committees
on Appropriations of each instance in which a Federal
department or agency is delinquent in providing the full
amount of funding required by section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22
U.S.C. 4865 note).
(b) Exception.--Notwithstanding paragraph (2) of section
604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G
of that Act), as amended by section 111 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law 114-323),
a project to construct a facility of the United States may
include office space or other accommodations for members of
the United States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of
calculating the fiscal year 2018 costs of providing new
United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
Secretary of State, in consultation with the Director of the
Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is
proportional to the contribution of the Department of State
for this purpose.
(d) Consultation and Notification Requirements.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs, which may be made available for the acquisition of
property or award of construction contracts for overseas
United States diplomatic facilities during fiscal year 2018,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection
shall include the information enumerated under the heading
``Embassy Security, Construction, and Maintenance'' in the
report accompanying this Act.
(e) Interim and Temporary Facilities Abroad.--
(1) Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' shall be
made available to address security vulnerabilities at interim
and temporary United States diplomatic facilities abroad,
including physical security upgrades and local guard
staffing.
(2) Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an
interim or temporary United States diplomatic facility shall
be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is
a security risk to personnel.
(f) Transfer of Funds Authority.--Funds appropriated under
the heading ``Diplomatic and Consular Programs'', including
for Worldwide Security Protection, and under the heading
``Embassy Security, Construction, and Maintenance'' in titles
I and VIII of this Act may be transferred to, and merged
with, funds appropriated by such titles under such headings
if the Secretary of State determines and reports to the
Committees on Appropriations that to do so is necessary to
implement the recommendations of the Benghazi Accountability
Review Board, or to prevent or respond to security situations
and requirements, following consultation with, and subject to
the regular notification procedures of, such Committees:
Provided, That such transfer authority is in addition to any
transfer authority otherwise available under any other
provision of law.
(g) Soft Targets.--Funds appropriated by this Act under the
heading ``Embassy Security, Construction, and Maintenance''
shall be made available for security enhancements for soft
targets in accordance with section 29 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2701).
(h) Reports.--
(1) None of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' in this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, made
available through Federal agency Capital Security Cost
Sharing
[[Page H6952]]
contributions and reimbursements, or generated from the
proceeds of real property sales, other than from real
property sales located in London, United Kingdom, may be made
available for site acquisition and mitigation, planning,
design, or construction of the New London Embassy: Provided,
That the reporting requirement contained in section
7004(f)(2) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2012 (division I of
Public Law 112-74) shall remain in effect during fiscal year
2018.
(2) Within 45 days of enactment of this Act and every 4
months thereafter until September 30, 2019, the Secretary of
State shall submit to the Committees on Appropriations a
report on the new Mexico City Embassy and Beirut Embassy
projects: Provided, That such report shall include, for each
of the projects--
(A) a detailed breakout of the project factors that formed
the basis of the initial cost estimate used to justify such
project to the Committees on Appropriations, as described
under the heading ``Embassy Security Construction and
Maintenance'' in the report accompanying this Act;
(B) a comparison of the current project factors as compared
to the project factors submitted pursuant to subparagraph (A)
of this subsection, and an explanation of any changes; and
(C) the impact of currency exchange rate fluctuations on
project costs.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 7015 of this Act.
department of state management
Sec. 7006. (a) Financial Systems Improvement.--Funds
appropriated by this Act for the operations of the Department
of State under the headings ``Diplomatic and Consular
Programs'' and ``Capital Investment Fund'' shall be made
available to implement the recommendations contained in the
Foreign Assistance Data Review Findings Report (FADR) and the
Office of Inspector General (OIG) report entitled
``Department Financial Systems Are Insufficient to Track and
Report on Foreign Assistance Funds'': Provided, That not
later than 45 days after enactment of this Act, the Secretary
of State shall submit to the Committees on Appropriations an
update to the plan required under section 7006 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
for implementing the FADR and OIG recommendations: Provided
further, That such funds may not be obligated for
enhancements to, or expansions of, the Budget System
Modernization Financial System, Central Resource Management
System, Joint Financial Management System, or Foreign
Assistance Coordination and Tracking System until such
updated plan is submitted to the Committees on
Appropriations: Provided further, That such funds may not be
obligated for new, or expansion of existing, ad hoc
electronic systems to track commitments, obligations or
expenditures of funds unless the Secretary of State,
following consultation with the Chief Information Officer of
the Department of State, has reviewed and certified that such
new system or expansion is consistent with the FADR and OIG
recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act
or otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the
service centers included in the Congressional Budget
Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2018: Provided, That the
amounts for such service centers shall be the amounts
included in such budget justification, except as provided in
section 7015(b) of this Act: Provided further, That Federal
agency components shall be charged only for their direct
usage of each Working Capital Fund service: Provided further,
That prior to increasing the percentage charged to Department
of State bureaus and offices for procurement-related
activities, the Secretary of State shall include the proposed
increase in the Department of State budget justification or,
at least 60 days prior to the increase, provide the
Committees on Appropriations a justification for such
increase, including a detailed assessment of the cost and
benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay
for Working Capital Fund services that are consistent with
the purpose and authorities of such components: Provided
further, That the Working Capital Fund shall be paid in
advance or reimbursed at rates which will return the full
cost of each service.
(c) Certification Requirement.--Prior to the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the oversight or
management of such funds, the Secretary of State shall
certify and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office
is in compliance with Department and Federal financial
management policies, procedures and regulations, as
applicable: Provided, That if the Secretary is unable to make
such certification for an individual bureau or office, the
Secretary shall submit a plan and timeline to such Committees
detailing the steps to be taken to ensure such compliance.
(d) Report on Sole Source Awards.--Not later than December
31, 2018, the Secretary of State shall submit a report to the
appropriate congressional committees detailing all sole-
source awards made by the Department of State during the
previous fiscal year in excess of $2,000,000: Provided, That
such report should be posted on the Department of State Web
site.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance, and guarantees of
the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat
or decree or, after the date of enactment of this Act, a coup
d'etat or decree in which the military plays a decisive role:
Provided, That assistance may be resumed to such government
if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the
termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote
democratic elections or public participation in democratic
processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on
Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and Broadcasting Board
of Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between,
and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers, and no such transfer may be made to increase the
appropriation under the heading ``Representation Expenses''.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be
transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers.
(3) Any transfer pursuant to this subsection shall be
treated as a reprogramming of funds under section 7015 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
(b) Title VI Agencies.--Not to exceed 5 percent of any
appropriation other than for administrative expenses made
available for fiscal year 2018, for programs under title VI
of this Act may be transferred between such appropriations
for use for any of the purposes, programs, and activities for
which the funds in such receiving account may be used, but no
such appropriation, except as otherwise specifically
provided, shall be increased by more than 25 percent by any
such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers of Funds Between Agencies.--
(1) None of the funds made available under titles II
through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or
transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of
the Foreign Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency
for International Development or the Department of State with
any department, agency, or instrumentality of the United
States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $1,000,000 and any
agreement made pursuant to section 632(a) of such Act, with
funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign
[[Page H6953]]
operations, and related programs under the headings ``Global
Health Programs'', ``Development Assistance'', ``Economic
Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided,
That the requirement in the previous sentence shall not apply
to agreements entered into between USAID and the Department
of State.
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to
the Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any
agreement for the transfer or allocation of funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations and related
programs, entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for
the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and
report to the Department of State or USAID, as appropriate,
upon completion of such audits: Provided, That such audits
shall be transmitted to the Committees on Appropriations by
the Department of State or USAID, as appropriate: Provided
further, That funds transferred under such authority may be
made available for the cost of such audits.
(f) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State and the USAID Administrator shall
each submit a report to the Committees on Appropriations
detailing all transfers to another agency of the United
States Government made pursuant to sections 632(a) and 632(b)
of the Foreign Assistance Act of 1961 with funds provided in
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law
115-31) as of the date of enactment of this Act: Provided,
That such reports shall include a list of each transfer made
pursuant to such sections with the respective funding level,
appropriation account, and the receiving agency.
prohibition on certain operational expenses
Sec. 7010. (a) First-class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and
agencies funded by this Act in contravention of section 301-
10.122 through 301-10.124 of title 41, Code of Federal
Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block
access to sexually explicit Web sites: Provided, That nothing
in this subsection shall limit the use of funds necessary for
any Federal, State, tribal, or local law enforcement agency,
or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such Web
sites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds
made available by this Act should be available to promote the
sale or export of tobacco or tobacco products, or to seek the
reduction or removal by any foreign country of restrictions
on the marketing of tobacco or tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided by this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the headings ``Development
Credit Authority'' and ``Assistance for Europe, Eurasia and
Central Asia'' shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods
of availability contained in this Act: Provided further, That
the availability of funds pursuant to the previous proviso
shall not be applicable to such funds until the Secretary of
State submits the reports required under section 7011 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2016 (division K of Public Law 114-113)
and under section 7011 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31): Provided further, That
the Secretary of State shall provide a report to the
Committees on Appropriations not later than October 30, 2018,
detailing by account and source year, the use of this
authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultations with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States
Agency for International Development shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2018 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance
programs, either directly or through grantees, contractors,
and subcontractors shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2019 and
for prior fiscal years and allocated for the central
government of such country or for the West Bank and Gaza
program if, not later than September 30, 2019, such taxes
have not been reimbursed: Provided, That the Secretary of
State shall report to the Committees on Appropriations by
such date on the foreign governments and entities that have
not reimbursed such taxes, including any amount of funds
withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which
do not assess taxes on United States assistance or which have
an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
foreign government or entity that assesses such taxes if the
Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of
such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to
any foreign government or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement;
and
(2) the term ``taxes and taxation'' shall include value
added taxes and customs duties but shall not include
individual income taxes assessed to local staff.
(h) Report.--The Secretary of State, in consultation with
the heads of other relevant departments or agencies of the
United States Government, shall submit an update to the
report required pursuant to section 7013(h) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31).
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this
[[Page H6954]]
Act which are specifically designated may be reprogrammed for
other programs within the same account notwithstanding the
designation if compliance with the designation is made
impossible by operation of any provision of this or any other
Act: Provided, That any such reprogramming shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the
authority contained in subsection (a), the original period of
availability of funds appropriated by this Act and
administered by the Department of State or the United States
Agency for International Development that are specifically
designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds
can be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated
funding levels contained in this Act shall not be applicable
to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically
so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs,
Projects, and Activities.--None of the funds made available
in titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs to the departments and
agencies funded by this Act that remain available for
obligation in fiscal year 2018, or provided from any accounts
in the Treasury of the United States derived by the
collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, or rename bureaus, centers,
or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on
Appropriations or such Committees are notified 15 days in
advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I and II of this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, to the departments
and agencies funded under titles I and II of this Act that
remain available for obligation in fiscal year 2018, or
provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the
department and agency funded under title I of this Act, shall
be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``Trade and
Development Agency'', ``International Narcotics Control and
Law Enforcement'', ``Economic Support Fund'', ``Democracy
Fund'', ``Assistance for Europe, Eurasia and Central Asia'',
``Peacekeeping Operations'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium
Challenge Corporation'', ``Foreign Military Financing
Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of
the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the
Committees on Appropriations are notified 15 days in advance
of such commitment: Provided, That the President shall not
enter into any commitment of funds appropriated for the
purposes of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act
shall not apply to any reprogramming for an activity,
program, or project for which funds are appropriated under
titles III through VI of this Act of less than 10 percent of
the amount previously justified to Congress for obligation
for such activity, program, or project for the current fiscal
year: Provided further, That any notification submitted
pursuant to subsection (f) of this section shall include
information (if known on the date of transmittal of such
notification) on the use of notwithstanding authority:
Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding
authority, the Committees on Appropriations should be
informed at the earliest opportunity and to the extent
practicable.
(d) Notification of Transfer of Funds.--Notwithstanding any
other provision of law, with the exception of funds
transferred to, and merged with, funds appropriated under
title I of this Act, funds transferred by the Department of
Defense to the Department of State and the United States
Agency for International Development for assistance for
foreign countries and international organizations, and funds
made available for programs previously authorized under
section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456),
section 2282 of title 10, United States Code, section 333 of
title 10, United States Code, as added by section 1241 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), or any successor authorities, shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(e) Waiver.--The requirements of this section or any
similar provision of this Act or any other Act, including any
prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided, That
in case of any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but
in no event later than 3 days after taking the action to
which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver:
Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan,
Bolivia, Burma, Cambodia, Colombia, Cuba, Ecuador, El
Salvador, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq,
Lebanon, Libya, Pakistan, Philippines, the Russian
Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria,
Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided
through the regular notification procedures of the Committees
on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III of this Act and prior Acts making
funds available for the Department of State, foreign
operations, and related programs that are made available for
a trust fund held by an international financial institution
as defined by section 7034(o)(3) of this Act shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided, That such notification shall
include the information specified under this section in the
report accompanying this Act.
(h) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification
procedures of the Committees on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as other committees pursuant to
subsection (f) of that section: Provided, That before issuing
a letter of offer to sell excess defense articles under the
Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with
the regular notification procedures of such Committees if
such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or
are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific
countries that would receive such excess defense articles:
Provided further, That such Committees shall also be informed
of the original acquisition cost of such defense articles.
[[Page H6955]]
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under
titles I and III through V of this Act, which are returned or
not made available for organizations and programs because of
the implementation of section 307(a) of the Foreign
Assistance Act of 1961, shall remain available for obligation
until September 30, 2019: Provided, That the requirement to
withhold funds for programs in Burma under section 307(a) of
the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
allocations
Sec. 7019. (a) Allocation Tables.--Subject to subsection
(b), funds appropriated by this Act under titles III through
V shall be made available in the amounts specifically
designated in the respective tables included in the report
accompanying this Act: Provided, That such designated amounts
for foreign countries and international organizations shall
serve as the amounts for such countries and international
organizations transmitted to Congress in the report required
by section 653(a) of the Foreign Assistance Act of 1961.
(b) Authorized Deviations.--Unless otherwise provided for
by this Act, the Secretary of State and the Administrator of
the United States Agency for International Development, as
applicable, may only deviate up to 5 percent from the amounts
specifically designated in the respective tables included in
the report accompanying this Act: Provided, That such
percentage may be exceeded only to respond to significant,
exigent, or unforeseen events, or to address other
exceptional circumstances directly related to the national
interest: Provided further, That deviations pursuant to the
previous proviso shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(c) Limitation.--For specifically designated amounts that
are included, pursuant to subsection (a), in the report
required by section 653(a) of the Foreign Assistance Act of
1961, no deviations authorized by subsection (b) may take
place until submission of such report.
(d) Exceptions.--Subsections (a) and (b) shall not apply
to--
(1) amounts designated for ``International Military
Education and Training'' in the respective tables included in
the report accompanying this Act; and
(2) funds for which the initial period of availability has
expired.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department,
agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies
funded in titles III or VI of this Act, shall take steps to
ensure that domestic and overseas representation and
entertainment expenses further official agency business and
United States foreign policy interests--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or
otherwise made available by this Act under the headings
``International Military Education and Training'' or
``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available by titles III through VI of this Act
may be made available to any foreign government which
provides lethal military equipment to a country the
government of which the Secretary of State has determined
supports international terrorism for purposes of section 6(j)
of the Export Administration Act of 1979 as continued in
effect pursuant to the International Emergency Economic
Powers Act: Provided, That the prohibition under this section
with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if
the President determines that to do so is important to the
national interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall not be made available
to any foreign government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; and for the development assistance accounts of the
United States Agency for International Development,
``program, project, and activity'' shall also be considered
to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities
in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and
report to such Committees within 15 days of taking such
action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act for direct assistance and none of the funds
[[Page H6956]]
otherwise made available to the Export-Import Bank and the
Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance, or any other
financial commitments for establishing or expanding
production of any commodity for export by any country other
than the United States, if the commodity is likely to be in
surplus on world markets at the time the resulting productive
capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or
training in connection with the growth or production in a
foreign country of an agricultural commodity for export which
would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not
prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of the international financial institutions, as
defined in section 7034(o)(3) of this Act, to use the voice
and vote of the United States to oppose any assistance by
such institutions, using funds appropriated or made available
by this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 under agreements which result in the generation of
local currencies of that country, the Administrator of the
United States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(5) Reporting requirement.--The USAID Administrator shall
report as part of the congressional budget justification
submitted to the Committees on Appropriations on the use of
local currencies for the administrative requirements of the
United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular
notification procedures, including a description of the
program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided further,
That nothing in this subsection shall be construed to alter
any existing statutory prohibitions against abortion or
involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2018, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480): Provided,
That none of the funds appropriated to carry out title I of
such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the
regular notification procedures of the Committees on
Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition
for Local Entities.--Funds appropriated by this Act that are
made available to the United States Agency for International
Development may only be made available for limited
competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
[[Page H6957]]
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) Reporting Requirement.--In addition to the requirements
of subsection (a)(1), the USAID Administrator shall report to
the appropriate congressional committees not later than 45
days after the end of fiscal year 2018 on all awards subject
to limited or no competition for local entities: Provided,
That such report should be posted on the USAID Web site:
Provided further, That the requirements of this subsection
shall only apply to awards in excess of $3,000,000 and sole
source awards to local entities in excess of $2,000,000.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to seek
to require that such institution adopts and implements a
publicly available policy, including the strategic use of
peer reviews and external experts, to conduct independent,
in-depth evaluations of the effectiveness of at least 25
percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting
equitable economic growth, consistent with relevant
safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data
and objective analysis: Provided, That not later than 45 days
after enactment of this Act, the Secretary shall submit a
report to the Committees on Appropriations on steps taken by
the United States executive directors and the international
financial institutions consistent with this subsection.
(b) Compensation.--None of the funds appropriated under
title V of this Act may be made as payment to any
international financial institution while the United States
executive director to such institution is compensated by the
institution at a rate which, together with whatever
compensation such executive director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States executive director to such
institution is compensated by the institution at a rate in
excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(c) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to seek to require that
such institution conducts rigorous human rights due diligence
and risk management, as appropriate, in connection with any
loan, grant, policy, or strategy of such institution:
Provided, That prior to voting on any such loan, grant,
policy, or strategy the executive director shall consult with
the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, if the executive director has
reason to believe that such loan, grant, policy, or strategy
could result in forced displacement or other violation of
human rights.
(d) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to promote in loan,
grant, and other financing agreements improvements in
borrowing countries' financial management and judicial
capacity to investigate, prosecute, and punish fraud and
corruption.
(e) Whistleblower Protections.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to seek to
require that each such institution is effectively
implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers
from retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A)(i) each implementing agency or ministry to receive
assistance has been assessed and is considered to have the
systems required to manage such assistance and any identified
vulnerabilities or weaknesses of such agency or ministry have
been addressed;
(ii) the recipient agency or ministry employs and utilizes
staff with the necessary technical, financial, and management
capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are in
place to ensure that such assistance is used for its intended
purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with the
principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed or
controlled by an organization designated as a foreign
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the government
of the recipient country have agreed, in writing, on clear
and achievable objectives for the use of such assistance,
which should be made available on a cost-reimbursable basis;
and
(E) the recipient government is taking steps to protect the
rights of civil society, including freedoms of expression,
association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall
contain an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support,
and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse
has been appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2019 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Report.--Not later than 90 days after the enactment of
this Act and 6 months thereafter until September 30, 2019,
the USAID Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in paragraph (1)
provided during the previous 6-month period by country,
funding amount, source of funds, and type of such assistance;
and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of
any foreign country for debt service payments owed by any
country to any international financial institution: Provided,
That for purposes of this paragraph, the term ``international
financial institution'' has the meaning given the term in
section 7034(o)(3) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen
the ``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include
receipts and expenditures by ministry) and government
contracts and licenses for natural resource extraction (to
include bidding and concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ``significant progress''
or ``no significant progress'' in
[[Page H6958]]
meeting the minimum requirements of fiscal transparency, and
make such determinations publicly available in an annual
``Fiscal Transparency Report'' to be posted on the Department
of State Web site: Provided, That the Secretary shall
identify the significant progress made by each such
government to publicly disclose national budget
documentation, contracts, and licenses which are additional
to such information disclosed in previous fiscal years, and
include specific recommendations of short- and long-term
steps such government should take to improve fiscal
transparency: Provided further, That the annual report shall
include a detailed description of how funds appropriated by
this Act are being used to improve fiscal transparency, and
identify benchmarks for measuring progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition
to funds otherwise available for such purposes: Provided
further, That a description of the uses of such funds shall
be included in the annual ``Fiscal Transparency Report''
required by paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1)(A) Ineligibility.--Officials of foreign governments and
their immediate family members about whom the Secretary of
State has credible information have been involved in
significant corruption, including corruption related to the
extraction of natural resources, or a gross violation of
human rights shall be ineligible for entry into the United
States.
(B) The Secretary shall also publicly or privately
designate or identify officials of foreign governments and
their immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if
entry into the United States would further important United
States law enforcement objectives or is necessary to permit
the United States to fulfill its obligations under the United
Nations Headquarters Agreement: Provided, That nothing in
paragraph (1) shall be construed to derogate from United
States Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances which caused the individual to be ineligible
have changed sufficiently.
(4) Report.--Not later than 6 months after enactment of
this Act, the Secretary of State shall submit a report,
including a classified annex if necessary, to the Committees
on Appropriations and the Committees on the Judiciary
describing the information related to corruption or violation
of human rights concerning each of the individuals found
ineligible in the previous 12 months pursuant to paragraph
(1)(A) as well as the individuals who the Secretary
designated or identified pursuant to paragraph (1)(B), or who
would be ineligible but for the application of paragraph (2),
a list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State Web site.
(6) Clarification.--For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or permits to
enter the United States shall not be considered confidential.
(d) Foreign Assistance Web Site.--Funds appropriated by
this Act under titles I and II, and funds made available for
any independent agency in title III, as appropriate, shall be
made available to support the provision of additional
information on United States Government foreign assistance on
the Department of State foreign assistance Web site:
Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon
request, to the Department of State.
democracy programs
Sec. 7032. (a) Funding.--Of the funds appropriated by this
Act, not less than $2,308,517,000 shall be made available for
democracy programs.
(b) Authority.--Funds made available by this Act for
democracy programs may be made available notwithstanding any
other provision of law, and with regard to the National
Endowment for Democracy, any regulation.
(c) Definition of Democracy Programs.--For purposes of
funds appropriated by this Act, the term ``democracy
programs'' means programs that support good governance,
credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor
rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political
parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of
democratic states, and institutions that are responsive and
accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant
to this section that are made available for programs to
strengthen government institutions shall be prioritized for
those institutions that demonstrate a commitment to democracy
and the rule of law, as determined by the Secretary of State
or the Administrator of the United States Agency for
International Development, as appropriate.
(e) Restriction on Prior Approval.--With respect to the
provision of assistance for democracy programs in this Act,
the organizations implementing such assistance, the specific
nature of that assistance, and the participants in such
programs shall not be subject to the prior approval by the
government of any foreign country: Provided, That the
Secretary of State, in coordination with the USAID
Administrator, shall report to the Committees on
Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State
and USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall
continue to implement civil society and political competition
and consensus building programs abroad with funds
appropriated by this Act in a manner that recognizes the
unique benefits of grants and cooperative agreements in
implementing such programs: Provided, That nothing in this
paragraph shall be construed to affect the ability of any
entity, including United States small businesses, from
competing for proposals for USAID-funded civil society and
political competition and consensus building programs.
(g) Communication and Reporting Requirements.--
(1) Informing the national endowment for democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID,
shall regularly inform the National Endowment for Democracy
of democracy programs that are planned and supported by funds
made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs.
(2) Report on funding instruments.--Not later than
September 30, 2018, the Secretary of State and USAID
Administrator shall each submit to the Committees on
Appropriations a report detailing the use of contracts,
grants, and cooperative agreements in the conduct of
democracy programs with funds made available by the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31),
which shall include funding level, account, program sector
and subsector, and a brief summary of purpose.
(3) Report on program changes.--The Secretary of State or
the USAID Administrator, as appropriate, shall report to the
appropriate congressional committees within 30 days of a
decision to significantly change the objectives or the
content of a democracy program or to close such a program due
to the increasingly repressive nature of the host country
government: Provided, That the report shall also include a
strategy for continuing support for democracy promotion, if
such programming is feasible, and may be submitted in
classified form, if necessary.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and
Special Envoy to Promote Religious Freedom.--
(1) Funds appropriated by this Act under the heading
``Diplomatic and Consular Programs'' shall be made available
for the Office of International Religious Freedom, Bureau of
Democracy, Human Rights, and Labor, Department of State, the
Office of the Ambassador-at-Large for International Religious
Freedom, and the Special Envoy to Promote Religious Freedom
of Religious Minorities in the Near East and South Central
Asia, as authorized in the Near East and South Central Asia
Religious Freedom Act of 2014 (Public Law 113-161), including
for support staff at not less than the amounts specified for
such offices in the table under such heading in the report
accompanying this Act.
(2) Funds appropriated under the heading ``Diplomatic and
Consular Programs'' and designated for the Office of
International Religious Freedom shall be made available for
the development and implementation of an international
religious freedom curriculum in accordance with section
708(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4028).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund''
and available for the Human Rights and Democracy Fund (HRDF),
not less than $10,000,000 shall be made available for
international religious freedom programs.
(2) Protection and investigation programs.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 shall be made available for
programs to protect vulnerable and persecuted religious
minorities, including for assistance authorized by section 5
of H.R. 390, the Iraq and Syria Genocide Emergency Relief and
Accountability Act of 2017, as passed by the House of
Representatives on June 6, 2017.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be
[[Page H6959]]
made available for humanitarian assistance for vulnerable and
persecuted religious minorities, including victims of
genocide designated by the Secretary of State and other
groups that have suffered crimes against humanity and ethnic
cleansing, to--
(A) accelerate the implementation of an immediate,
coordinated, and sustained response to provide humanitarian
assistance;
(B) enhance protection of conflict victims, including those
facing a dire humanitarian crisis and severe persecution
because of their faith or ethnicity; and
(C) improve access to secure locations for obtaining
humanitarian and resettlement services.
(c) International Broadcasting.--Funds appropriated by this
Act under the heading ``Broadcasting Board of Governors,
International Broadcasting Operations'' shall be made
available for programs related to international religious
freedom, including reporting on the condition of vulnerable
and persecuted religious groups.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in titles III and VI
of this Act that are made available for victims of war,
displaced children, displaced Burmese, and to combat
trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Law Enforcement and Security.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations
that include child soldiers.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2018.
(3) Forensic assistance.--
(A) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $6,500,000 shall be
made available for forensic anthropology assistance related
to the exhumation of mass graves and the identification of
victims of war crimes, genocide, and crimes against humanity,
including in Iraq, Guatemala, Colombia, El Salvador, Syria,
and Sri Lanka, which shall be administered by the Assistant
Secretary for Democracy, Human Rights, and Labor, Department
of State.
(B) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $6,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(4) International prison conditions.--Section 7065 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)
shall continue in effect during fiscal year 2018.
(5) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(6) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2017, by country
and purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(7) Foreign military sales and foreign military financing
program.--
(A) Availability.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for the
general costs of administering military assistance and sales
shall be made available to increase the efficiency and
effectiveness of programs authorized by Chapter 2 of the Arms
Export Control Act: Provided, That prior to the obligation of
funds for such purposes, the Secretary of State shall consult
with the Committees on Appropriations.
(B) Quarterly status report.--Following the submission of
the quarterly report required by section 36 of Public Law 90-
629 (22 U.S.C. 2776), the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the Committees
on Appropriations a status report that contains the
information described under the heading ``Foreign Military
Financing Program'' in the report accompanying this Act.
(c) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development, from this or any
other Act, may be made available as a general contribution to
the World Food Programme.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall be made available to carry out the
Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union as authorized
by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) Genocide victims memorial sites and tribunals.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' may be
made available as contributions to establish and maintain
memorial sites of genocide, subject to the regular
notification procedures of the Committees on Appropriations.
(3) Additional authority.--Of the amount made available
under the heading ``Diplomatic and Consular Programs'', not
to exceed $1,000,000 may be used to make grants to carry out
the activities of the Cultural Antiquities Task Force.
(4) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may
not exceed $100,000: Provided further, That no more than 10
such awards may be made during fiscal year 2018: Provided
further, That for purposes of this paragraph the term
``innovation incentive award'' means the provision of funding
on a competitive basis that--
(A) encourages and rewards the development of solutions for
a particular, well-defined problem related to the alleviation
of poverty; or
(B) helps identify and promote a broad range of ideas and
practices facilitating further development of an idea or
practice by third parties.
(5) Report.--The report required by section 502(d) of the
Intelligence Authorization Act for Fiscal Year 2017 (division
N of Public Law 115-31) shall be provided to the Committees
on Appropriations.
(e) Partner Vetting.--The Secretary of State and USAID
Administrator may initiate a partner vetting program to
mitigate the risk of diversion of foreign assistance, or make
significant modifications to any existing partner vetting
program, only following consultation with the Committees on
Appropriations: Provided, That the Secretary and
Administrator should provide a direct vetting option for
prime awardees in any partner vetting program initiated after
the date of the enactment of this Act.
(f) Contingencies.--During fiscal year 2018, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(g) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this
Act for assistance for the central government of any country
that is not taking appropriate steps to comply with the
Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Cultural Preservation Project Determination.--None of
the funds appropriated in titles I and III of this Act may be
used for the preservation of religious sites unless the
Secretary of State or the USAID Administrator, as
appropriate, determines and reports to the Committees on
Appropriations that such sites are historically,
artistically, or culturally significant, that the purpose of
the project is neither to advance nor to inhibit the free
exercise of religion, and that the project is in the national
interest of the United States.
(i) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds
under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds
appropriated under the heading ``Diplomatic and Consular
Programs'' for fiscal year 2018, except for funds designated
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985, at no later than
the end of the fifth fiscal year after the last fiscal year
for which such funds are available for the purposes for which
appropriated: Provided, That not more than $50,000,000 may be
transferred.
(j) Green Climate Fund Prohibition.--None of the funds
appropriated or otherwise made available by this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be made
available as a contribution, grant, or any other payment to
the Green Climate Fund.
(k) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2018'' for ``September 30,
2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2018.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2018'' for ``October 1, 2010'' in subparagraph (B).
(4) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2017'' and
inserting ``2017, and 2018''; and
(ii) in subsection (e), by striking ``2017'' each place it
appears and inserting ``2018''; and
[[Page H6960]]
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2017'' and inserting ``2018''.
(5) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) shall remain in
effect through September 30, 2018.
(6) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
is amended by striking ``2018'' and inserting ``2019''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and
2018'' and inserting ``2018, and 2019''.
(l) Department of State and the United States Agency for
International Development.--Prior to implementing any
reorganization of the Department of State or USAID, including
any action taken pursuant to the March 13, 2017 Executive
Order 13781 on a Comprehensive Plan for Reorganizing the
Executive Branch, the Secretary of State shall submit a
report to the appropriate congressional committees on such
reorganization: Provided, That such report shall include--
(1) a detailed justification and analysis for each major
element of such reorganization plans, including any proposals
to--
(A) eliminate or consolidate covered departments, agencies,
or organizations, including bureaus and offices within such
departments, agencies, or organizations, with duplicative or
overlapping programs or missions;
(B) expand, reconfigure, eliminate, or consolidate the
United States official presence overseas, including through
the disposal of excess property, at bilateral, regional, or
multilateral embassies and missions;
(C) reduce, modernize, or otherwise modify the workforce of
the Department of State and USAID, including Civil Service
and Foreign Service, eligible family members, and locally
employed staff; and
(D) improve the efficiency, effectiveness, performance, and
accountability of the Department of State and USAID,
including through modernizing information technology
platforms and streamlining administrative functions; and
(2) projections of cost savings and efficiencies achieved
through implementation of each element, an analysis of the
impact of any such change on the ability to advance the
national interests of the United States through diplomacy and
development and to conduct adequate monitoring and oversight
of foreign assistance programs, and any legislative change
necessary to implement such proposals.
(m) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-
477) may be made available for pharmaceuticals and other
products for child survival, malaria, and tuberculosis to the
same extent as HIV/AIDS pharmaceuticals and other products,
subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the
Foreign Operations, Export Financing, and Related Programs
Appropriation Act, 2005 (Public Law 108-477) shall be
exercised by the Assistant Administrator for Global Health,
USAID, with respect to funds deposited for such non-HIV/AIDS
pharmaceuticals and other products, and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State
shall include in the congressional budget justification an
accounting of budgetary resources, disbursements, balances,
and reimbursements related to such fund.
(n) Loan Guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Jordan, Ukraine,
Iraq, Egypt, and Tunisia, which are authorized to be
provided: Provided, That amounts made available under this
paragraph for the costs of such guarantees shall not be
considered assistance for the purposes of provisions of law
limiting assistance to a country: Provided further, That
funds made available pursuant to this subsection shall be
subject to prior consultation with the appropriate
congressional committees, and the regular notification
procedures of the Committees on Appropriations: Provided
further, That amounts made available pursuant to this
subsection from prior Acts that were previously designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of such Act and shall be available only if
the President subsequently so designates all such amounts and
transmits such designations to the Congress.
(o) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs'' means funds that remain
available for obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for
the Department of State, foreign operations, and related
programs shall be deemed to include portions of Western
Kordofan that were previously part of Southern Kordofan prior
to the 2013 division of Southern Kordofan.
(5) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(6) Clarification.--Unless otherwise provided for in this
Act, for the purposes of this Act the terms ``under this
heading'', ``under the heading'', ``under the headings'', or
similar phrases mean funds appropriated or otherwise made
available under such heading or headings in all titles of
this Act: Provided, That the term ``under the heading in
this title'' or similar phrases means funds appropriated or
otherwise made available only in such title.
(7) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals and criteria for
measuring progress and a timeline for achieving such goals;
and
(B) amounts and sources of funds by account.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area
[[Page H6961]]
through measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance for the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or
agency of the United States Government for the purpose of
conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any
successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and
employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should
continue to take place in locations other than Jerusalem:
Provided further, That as has been true in the past, officers
and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2018, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Audits by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds
are in addition to funds otherwise available for such
purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza
Program, including any funds provided as cash transfer
assistance, in fiscal year 2018 under the heading ``Economic
Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
(g) Report.--Not later than 180 days after enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005 (Public Law 109-13).
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and
the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed
at promoting peace, coexistence, and security cooperation
with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on
[[Page H6962]]
whether such government, including all of its ministers or
such equivalent are continuing to comply with the principles
contained in section 620K(b)(1) (A) and (B) of the Foreign
Assistance Act of 1961, as amended: Provided, That the report
shall also detail the amount, purposes and delivery
mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any
direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and
may only be made available for assistance for the Government
of Egypt if the Secretary of State certifies and reports to
the Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Report on governance.--
(A) Not later than 90 days after enactment of this Act and
every 90 days thereafter until September 30, 2018, the
Secretary of State shall report to the appropriate
congressional committees on steps taken by the Government of
Egypt to--
(i) advance democracy and human rights in Egypt, including
to govern democratically and protect the rights of religious
minorities and women;
(ii) implement reforms that protect freedoms of expression,
association, and peaceful assembly, including the ability of
civil society organizations and the media to function without
interference; and
(iii) improve the transparency and accountability of
security forces.
(B) The report required by subparagraph (A) may be provided
in classified form if necessary.
(3) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$150,000,000 shall be made available for assistance for
Egypt, subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961: Provided, That
such funds may be made available for democracy programs and
for development programs in the Sinai: Provided further, That
such funds may not be made available for cash transfer
assistance or budget support unless the Secretary of State
certifies and reports to the appropriate congressional
committees that the Government of Egypt is taking consistent
and effective steps to stabilize the economy and implement
market-based economic reforms.
(B) Withholding.--The Secretary of State shall withhold
from obligation funds appropriated by this Act under the
heading ``Economic Support Fund'' for assistance for Egypt,
an amount of such funds that the Secretary determines to be
equivalent to that expended by the United States Government
for bail, and by nongovernmental organizations for legal and
court fees, associated with democracy-related trials in Egypt
until the Secretary certifies and reports to the Committees
on Appropriations that the Government of Egypt has dismissed
the convictions issued by the Cairo Criminal Court on June 4,
2013, in ``Public Prosecution Case No. 1110 for the Year
2012''.
(4) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', $1,300,000,000, to remain available
until September 30, 2019, shall be made available for
assistance for Egypt, which may be transferred to an interest
bearing account in the Federal Reserve Bank of New York,
following consultation with the Committees on Appropriations.
(5) Consultation requirements.--Not later than 90 days
after enactment of this Act, the Secretary of State shall
consult with the Committees on Appropriations on any plan to
restructure military assistance for Egypt.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'', ``Economic
Support Fund'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' shall be used by the
Secretary of State--
(A) to support the United States policy to prevent Iran
from achieving the capability to produce or otherwise obtain
a nuclear weapon;
(B) to support an expeditious response to any violation of
the Joint Comprehensive Plan of Action or United Nations
Security Council Resolution 2231;
(C) to support the implementation and enforcement of
sanctions against Iran for support of terrorism, human rights
abuses, and ballistic missile and weapons proliferation; and
(D) for democracy programs for Iran, to be administered by
the Assistant Secretary for Near Eastern Affairs, Department
of State, in consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State.
(2) Continuation of prohibition.--The terms and conditions
of paragraph (2) of section 7041(c) in division I of Public
Law 112-74 shall continue in effect during fiscal year 2018.
(3) Reports.--
(A) The Secretary of State shall submit to the Committees
on Appropriations the semi-annual report required by section
2 of the Iran Nuclear Agreement Review Act of 2015 (42 U.S.C.
2160e(d)(4)).
(B) Not later than 180 days after the date of enactment of
this Act, the Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the appropriate
congressional committees a report on the status of the
implementation and enforcement of bilateral United States and
multilateral sanctions against Iran and actions taken by the
United States and the international community to enforce such
sanctions against Iran: Provided, That the report shall also
include any entities involved in providing significant
support for the development of a ballistic missile by the
Government of Iran after October 1, 2015, including shipping
and financing, and note whether such entities are currently
under United States sanctions: Provided further, That such
report shall be submitted in an unclassified form, but may
contain a classified annex if necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated by this Act shall be made
available for assistance for Iraq to promote governance,
security, and internal and regional stability, including in
the Kurdistan Region of Iraq and other areas impacted by the
conflict in Syria, and among religious and ethnic minority
populations in Iraq.
(2) Explosive ordnance disposal programs.--Funds
appropriated by this Act under the heading
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for explosive ordnance
disposal programs in areas liberated from extremist
organizations in Iraq.
(3) Kurdistan region.--
(A) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are available for
assistance for Iraq shall be made available to enhance the
capacity of Kurdistan Regional Government security services
and for security programs in the Kurdistan Region of Iraq to
address requirements arising from the violence in Syria and
Iraq: Provided, That the Secretary of State shall consult
with the Committees on Appropriations prior to obligating
such funds.
(B) Funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' should be made available for assistance
for the Kurdistan Region of Iraq to address the needs of
internally displaced persons (IDPs) and refugees: Provided,
That funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for
programs to mitigate the impact of such IDPs and refugees in
such Region, including for assistance for communities hosting
such persons.
(4) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States
and Iraq.
(d) Jordan.--Of the funds appropriated by this Act under
titles III and IV, not less than $1,280,000,000 shall be made
available for assistance for Jordan, of which not less than
$475,000,000 shall be for budget support for the Government
of Jordan.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security
Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF or
the LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Consultation requirement.--Funds appropriated by this
Act under the headings ``International Narcotics Control and
Law Enforcement'' and ``Foreign Military Financing Program''
that are available for assistance for Lebanon may be made
available for programs and equipment for the ISF and the LAF
to address security and stability requirements in areas
affected by the conflict in Syria, following consultation
with the appropriate congressional committees.
(3) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' for assistance for Lebanon may be made available
only to professionalize the LAF and to strengthen border
security and combat terrorism, including training and
equipping the LAF to secure Lebanon's borders, interdicting
arms shipments, preventing the use of Lebanon as a safe haven
for terrorist groups, and to implement United Nations
Security Council Resolution 1701: Provided, That funds may
not be obligated for assistance for the LAF until the
Secretary of State submits to the Committees on
Appropriations a spend plan, including actions to be taken to
ensure equipment provided to the LAF is only used for the
intended purposes, except such plan may not be considered as
meeting the notification requirements under section 7015 of
this Act or under section 634A of the Foreign Assistance Act
of 1961, and shall be submitted
[[Page H6963]]
not later than September 1, 2018: Provided further, That any
notification submitted pursuant to such sections shall
include any funds specifically intended for lethal military
equipment.
(f) Libya.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for the central
Government of Libya unless the Secretary of State certifies
and reports to the Committees on Appropriations that such
government is cooperating with United States Government
efforts to investigate and bring to justice those responsible
for the attack on United States personnel and facilities in
Benghazi, Libya in September 2012: Provided, That the
limitation in this paragraph shall not apply to funds made
available for the purpose of protecting United States
Government personnel or facilities.
(2) Certification requirement.--Prior to the initial
obligation of funds made available by this Act for assistance
for Libya, the Secretary of State shall certify and report to
the Committees on Appropriations that all practicable steps
have been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Libya.
(3) Reporting requirement.--The Secretary of State shall
promptly inform the appropriate congressional committees of
each instance in which assistance provided pursuant to this
subsection has been diverted or destroyed, to include the
type and amount of assistance, a description of the incident
and parties involved, and an explanation of the response of
the Department of State.
(g) Morocco.--Funds appropriated under title III of this
Act that are made available for assistance for Morocco shall
also be made available for assistance for any region or
territory administered by Morocco, including the Western
Sahara: Provided, That not later than 45 days after enactment
of this Act and prior to the obligation of such funds, the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development, shall
consult with the Committees on Appropriations on the proposed
uses of such funds based on the requirements described under
this section in the report accompanying this Act.
(h) Refugee Assistance in North Africa.--The Secretary of
State, in consultation with the United Nations High
Commissioner for Refugees and the Executive Director of the
World Food Programme, shall take all practicable steps to
strengthen monitoring of the delivery of humanitarian
assistance provided for refugees in North Africa, including
the establishment of registration systems where they do not
exist and any other efforts to ensure that all vulnerable
refugees are receiving such assistance.
(i) Strategy Requirement.--Not later than 60 days after
enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to
the appropriate congressional committees a strategy for
United States engagement in North Africa, which shall include
detailed information on how diplomatic engagement and
assistance will be prioritized for such region, including to
address economic and security needs.
(j) Syria.--
(1) Non-lethal assistance.--Funds appropriated under title
III of this Act shall be made available, to the extent
practicable and notwithstanding any other provision of law,
for non-lethal assistance for programs to address the needs
of civilians affected by conflict in Syria, and for programs
that seek to--
(A) establish governance in Syria that is representative,
inclusive, and accountable;
(B) empower women through political and economic programs,
and address the psychosocial needs of women and their
families in Syria and neighboring countries;
(C) develop and implement political processes that are
democratic, transparent, and strengthen the rule of law;
(D) further the legitimacy and viability of the Syrian
opposition through cross-border programs;
(E) develop and sustain civil society and independent media
in Syria;
(F) promote stability and economic development in Syria;
(G) document, investigate, and prosecute human rights
violations in Syria, including through transitional justice
programs and support for nongovernmental organizations;
(H) expand the role of women in negotiations to end the
violence and in any political transition in Syria;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at universities and other academic
institutions in the region, and through distance learning;
(J) assist vulnerable populations in Syria and in
neighboring countries;
(K) protect and preserve the cultural identity of the
people of Syria as a counterbalance to extremism,
particularly those living in neighboring countries and among
youth;
(L) protect and preserve cultural heritage sites in Syria,
particularly those damaged and destroyed by extremists; and
(M) counter extremism in Syria.
(2) Strategy update.--Funds appropriated by this Act that
are made available for assistance for Syria pursuant to the
authority of this subsection may only be made available after
the Secretary of State, in consultation with the heads of
relevant United States Government agencies, submits, in
classified form if necessary, an update to the comprehensive
strategy required in section 7041(i)(3) of Public Law 113-76.
(3) Monitoring and oversight.--Prior to the obligation of
funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria: Provided, That the Secretary shall promptly inform the
appropriate congressional committees of each instance in
which assistance provided pursuant to this subsection has
been diverted or destroyed, to include the type and amount of
assistance, a description of the incident and parties
involved, and an explanation of the response of the
Department of State.
(4) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(k) Tunisia.--Of the funds appropriated under titles III
and IV of this Act, not less than $165,400,000 shall be made
available for assistance for Tunisia.
(l) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank
and Gaza, the Secretary of State shall report to the
Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
for assistance for the Palestinian Authority, if after the
date of enactment of this Act--
(i) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(ii) the Palestinians initiate an International Criminal
Court (ICC) judicially authorized investigation, or actively
support such an investigation, that subjects Israeli
nationals to an investigation for alleged crimes against
Palestinians.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the
Senate, and the appropriate congressional committees that the
Palestinians have not, after the date of enactment of this
Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between
Israel and the Palestinians; and
(II) initiated or actively supported an ICC investigation
against Israeli nationals for alleged crimes against
Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-
204 under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under the
preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian
Authority by an amount the Secretary determines is equivalent
to the amount expended by the Palestinian Authority, the
Palestine Liberation Organization, and any successor or
affiliated organizations with such entities for payments to
individuals and the families of such individuals who are
imprisoned for acts of terrorism or who died committing such
acts during the previous calendar year: Provided, That the
Secretary shall report to the appropriate congressional
committees on the amount reduced for fiscal year 2018 prior
to the obligation of funds for the Palestinian Authority:
Provided further, That the report required by the previous
proviso shall also include steps taken to prevent any such
payments.
(4) Security report.--The reporting requirements contained
in section 1404 of the Supplemental Appropriations Act, 2008
(Public Law 110-252) shall apply to funds made available by
this Act, including a description of modifications, if any,
to the security strategy of the Palestinian Authority.
[[Page H6964]]
(5) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the
heading ``International Military Education and Training'' for
the central government of a country in the African Great
Lakes region may be made available only for Expanded
International Military Education and Training and
professional military education until the Secretary of State
determines and reports to the Committees on Appropriations
that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring
country, including aiding and abetting armed groups.
(b) Boko Haram.--Funds appropriated by this Act that are
made available for assistance for Cameroon, Chad, Niger, and
Nigeria--
(1) shall be made available for assistance for women and
girls who are targeted by the terrorist organization Boko
Haram, consistent with the provisions of section 7059 of this
Act, and for individuals displaced by Boko Haram violence;
and
(2) may be made available for counterterrorism programs to
combat Boko Haram.
(c) Central African Republic.--Funds made available by this
Act for assistance for the Central African Republic shall be
made available for reconciliation and peacebuilding programs,
including activities to promote inter-faith dialogue at the
national and local levels, and for programs to prevent crimes
against humanity.
(d) Lord's Resistance Army.--Funds appropriated by this Act
shall be made available for programs and activities in areas
affected by the Lord's Resistance Army (LRA) consistent with
the goals of the Lord's Resistance Army Disarmament and
Northern Uganda Recovery Act (Public Law 111-172), including
to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support
the disarmament, demobilization, and reintegration of former
LRA combatants, especially child soldiers.
(e) Malawi.--Of the funds appropriated by this Act under
the heading ``Development Assistance'', not less than
$56,000,000 shall be made available for assistance for
Malawi, of which $10,000,000 shall be made available for
higher education programs.
(f) South Sudan.--
(1) Strategy update.--Not later than 60 days after
enactment of this Act the Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall submit an update to the
strategy required in section 7042(i) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31).
(2) Certification.--None of the funds appropriated by this
Act that are available for assistance for the central
Government of South Sudan may be made available until the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is taking effective steps
to--
(A) end hostilities and pursue good faith negotiations for
a political settlement of the conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and sale of
oil and gas;
(F) establish democratic institutions;
(G) establish accountable military and police forces under
civilian authority; and
(H) investigate and prosecute individuals credibly alleged
to have committed gross violations of human rights, including
at the Terrain compound in Juba, South Sudan on July 11,
2016.
(3) Exclusions.--The limitation of paragraph (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance to support South Sudan peace negotiations or
to advance or implement a peace agreement; and
(C) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement and mutual
arrangements related to such Agreement.
(4) Consultation.--Prior to the initial obligation of funds
made available for the central Government of South Sudan
pursuant to paragraphs (3)(B) and (C), the Secretary of State
shall consult with the Committees on Appropriations on the
intended uses of such funds, steps taken by such government
to advance or implement a peace agreement, and progress made
by the Government of South Sudan in meeting the requirements
in paragraph (2).
(g) Sudan.--
(1) Limitation.--Notwithstanding any other provision of
law, none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(2) Limitation on loans.--None of the funds appropriated by
this Act may be made available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the Government of
Sudan, including the cost of selling, reducing, or canceling
amounts owed to the United States, and modifying concessional
loans, guarantees, and credit agreements.
(3) Exclusions.--The limitations of paragraphs (1) and (2)
shall not apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated
with such Agreement, or any other internationally recognized
viable peace agreement in Sudan.
(h) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant
to the Government of Zimbabwe, except to meet basic human
needs or to promote democracy, unless the Secretary of State
certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
ownership and title to property, and freedoms of expression,
association, and assembly.
(2) Limitations.--None of the funds appropriated by this
Act shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as
required in paragraph (1), and funds may be made available
for macroeconomic growth assistance if the Secretary reports
to the Committees on Appropriations that such government is
implementing transparent fiscal policies, including public
disclosure of revenues from the extraction of natural
resources.
east asia and the pacific
Sec. 7043.
(a) Burma.--
(1) Bilateral economic assistance.--
(A) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Burma may be
made available notwithstanding any other provision of law,
except for this subsection, and following consultation with
the appropriate congressional committees.
(B) Funds appropriated under title III of this Act for
assistance for Burma--
(i) shall be made available to strengthen civil society
organizations in Burma and for programs to strengthen
independent media;
(ii) shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for
Burmese refugees from funds appropriated by this Act under
the heading ``Migration and Refugee Assistance'';
(iii) shall be made available for programs to promote
ethnic and religious tolerance, including in Rakhine and
Kachin states;
(iv) shall be made available to promote rural economic
development in Burma, including through microfinance and
sustainable power generation programs;
(v) shall be made available to increase opportunities for
foreign direct investment by strengthening the rule of law,
transparency, and accountability;
(vi) may not be made available to any individual or
organization if the Secretary of State has credible
information that such individual or organization has
committed a gross violation of human rights, including
against Rohingya and other minority groups, or that advocates
violence against ethnic or religious groups and individuals
in Burma;
(vii) may not be made available to any organization or
entity controlled by the military of Burma; and
(viii) may be made available for programs administered by
the Office of Transition Initiatives, United States Agency
for International Development, for ethnic groups and civil
society in Burma to help sustain ceasefire agreements and
further prospects for reconciliation and peace, which may
include support to representatives of ethnic armed groups for
this purpose.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) Programs, position, and responsibilities.--
(A) Any new program or activity in Burma initiated in
fiscal year 2017 shall be subject to prior consultation with
the appropriate congressional committees.
(B) Section 7043(b)(7) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2018.
(b) Cambodia.--
(1) Conditions on assistance.--Of the funds appropriated in
title IV of this Act that are made available for assistance
for
[[Page H6965]]
the central Government of Cambodia, 25 percent shall be
withheld from obligation until the Secretary of State
certifies and reports to the Committees on Appropriations
that such government--
(A) is taking effective steps to strengthen regional
security and stability, particularly regarding territorial
disputes in the South China Sea;
(B) has ceased efforts to intimidate civil society and the
political opposition in Cambodia, is credibly investigating
the murder of social and political activists, and is taking
actions to address the concerns detailed in the September 14,
2016 United Nations Human Rights Situation in Cambodia--Joint
Statement; and
(C) is supporting the conduct of free and fair elections in
Cambodia through a non-partisan election commission; fair
election processes; credible post-election dispute resolution
mechanisms; open and inclusive participation, to include the
return of exiled former opposition leaders; and respect for
freedoms of assembly and speech.
(2) Khmer rouge tribunal.--Funds appropriated by this Act
that are made available for assistance for Cambodia may only
be made available for a contribution to the Extraordinary
Chambers in the Court of Cambodia if the Secretary of State
certifies and reports to the appropriate congressional
committees that such contribution is in the national interest
of the United States and will support the prosecution and
punishment of individuals responsible for genocide in
Cambodia in a credible manner.
(c) North Korea.--
(1) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(2) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' should be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in Asia.
(3) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the
Government of North Korea.
(d) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic and Consular
Programs'' in this Act may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC) unless,
at least 15 days in advance, the Committees on Appropriations
are notified of such proposed action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) Counter influence programs.--Funds appropriated by this
Act for public diplomacy under title I and for assistance
under titles III and IV shall be made available to counter
the influence of the PRC, in accordance with the strategy
required by section 7043(e)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76), following
consultation with the Committees on Appropriations.
(4) Prohibition.--
(A) None of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development
Assistance'', and ``Economic Support Fund'' may be made
available for assistance for the Government of the People's
Republic of China.
(B) The limitation of subparagraph (A) shall not apply to
assistance described in paragraph (2) of subsection (f) of
this section and for programs to detect, prevent, and treat
infectious disease.
(e) Philippines.--Prior to the initial obligation of funds
appropriated by this Act for assistance for the Philippines,
but not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations, which shall include the information required
under this section in the report accompanying this Act.
(f) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan
people and respect Tibetan culture and traditions, and are
subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education,
and environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in other Tibetan communities in
China.
(B) Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for
programs to promote and preserve Tibetan culture,
development, and the resilience of Tibetan communities in
India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders from
such communities: Provided, That such funds are in addition
to amounts made available in subparagraph (A) for programs
inside Tibet.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Personnel report.--Not later than 30 days after
enactment of this Act and every 120 days thereafter until
September 30, 2019, the Secretary of State shall submit a
report, in classified form if necessary, to the appropriate
congressional committees detailing by agency the number of
personnel present in Afghanistan under Chief of Mission
authority per section 3927 of title 22, United States Code,
at the end of the 120 day period preceding the submission of
such report: Provided, That such report shall also include
the number of locally employed staff and contractors
supporting United States Embassy operations in Afghanistan
during the reporting period.
(2) Assistance and conditions.--
(A) Funding and limitations.--Funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' may
be made available for assistance for Afghanistan: Provided,
That such funds may not be obligated for any project or
activity that--
(i) includes the participation of any Afghan individual or
organization, including government entity, that the Secretary
of State determines to be involved in corrupt practices,
illicit narcotics production or trafficking, or a violation
of human rights;
(ii) cannot be sustained, as appropriate, by the Government
of Afghanistan or another Afghan entity;
(iii) is not regularly accessible for the purposes of
conducting effective oversight in accordance with applicable
Federal statutes and regulations;
(iv) initiates any new, major infrastructure development;
or
(v) legitimizes the Taliban or other extremist
organizations in areas not under the control of the
Government of Afghanistan.
(B) Certification and report.--Prior to the initial
obligation of funds made available by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' for assistance for
the central Government of Afghanistan, the Secretary of State
shall certify and report to the Committees on Appropriations,
after consultation with the Government of Afghanistan, that--
(i) goals and benchmarks for the specific uses of such
funds have been established by the Governments of the United
States and Afghanistan;
(ii) conditions are in place that increase the transparency
and accountability of the Government of Afghanistan for funds
obligated under the New Development Partnership or other
incentive-based programs;
(iii) the Government of Afghanistan is implementing laws
and policies to govern democratically and protect the rights
of individuals, civil society, and the media;
(iv) the Government of Afghanistan is taking consistent
steps to protect and advance the rights of women and girls in
Afghanistan;
(v) the Government of Afghanistan is effectively
implementing a whole-of-government, anti-corruption strategy
that has been endorsed by the High Council on Rule of Law and
Anti-Corruption, as agreed to at the Brussels Conference on
Afghanistan in October 2016, and is prosecuting individuals
alleged to be involved in corrupt or illegal activities in
Afghanistan;
(vi) monitoring and oversight frameworks for programs
implemented with such funds are in accordance with all
applicable audit policies of the Department of State and the
United States Agency for International Development, including
in areas under the control of the Taliban or other extremist
organizations;
(vii) the necessary policies and procedures are in place to
ensure Government of Afghanistan compliance with section 7013
of this Act, ``Prohibition on Taxation of United States
Assistance''; and
(viii) the Government of Afghanistan is publicly reporting
its national budget, including revenues and expenditures.
(C) Waiver.--The Secretary of State may waive the
certification requirement of subparagraph (B) if the
Secretary determines that to do so is important to the
national security interest of the United States and the
Secretary submits a report to the Committees on
Appropriations, in classified form if necessary, on the
justification for the waiver and the reasons why any of the
requirements of subparagraph (B) cannot be met.
[[Page H6966]]
(D) Programs.--Funds appropriated by this Act that are made
available for assistance for Afghanistan shall be made
available in the following manner--
(i) for programs that protect and strengthen the rights of
women and girls and promote the political and economic
empowerment of women, including their meaningful inclusion in
political processes;
(ii) for programs in South and Central Asia to expand
linkages between Afghanistan and countries in the region; and
(iii) to assist the Government of Afghanistan in developing
and executing a transparent and consistently applied system
of legitimate revenue generation and expenditures.
(E) Taxation.--None of the funds appropriated by this Act
for assistance for Afghanistan may be made available for
direct government-to-government assistance unless the
Secretary of State certifies and reports to the Committees on
Appropriations that United States companies and organizations
that are implementing United States foreign assistance
programs in Afghanistan in a manner consistent with United
States laws and regulations are not subjected by such
government to taxes or other fees in contravention of
diplomatic and other agreements between the Governments of
the United States and Afghanistan, or to retaliation for the
nonpayment of taxes or fees imposed in the past: Provided,
That not later than 90 days after enactment of this Act, the
Secretary of State shall submit to the Committees on
Appropriations an assessment of the dollar value of improper
taxes or fees levied by such government against such
companies and organizations in fiscal years 2015, 2016, and
2017.
(3) Goals and benchmarks.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report describing
the goals and benchmarks required in paragraph (2)(B)(i):
Provided, That not later than 6 months after the submission
of such report and every 6 months thereafter until September
30, 2019, the Secretary of State shall submit a report to
such committees on the status of achieving such goals and
benchmarks: Provided further, That the Secretary of State
should suspend assistance for the Government of Afghanistan
if any report required by this paragraph indicates that such
government is failing to make measurable progress in meeting
such goals and benchmarks.
(4) Authorities.--
(A) Funds appropriated by this Act under title III through
VI that are made available for assistance for Afghanistan may
be made available--
(i) notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance
Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the Government
of Afghanistan, in accordance with section 7046(a)(2)(B)(ii)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74); and
(iii) for an endowment to empower women and girls.
(B) Section 7046(a)(2)(A) of division I of Public Law 112-
74 shall apply to funds appropriated by this Act for
assistance for Afghanistan.
(5) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Pakistan.--
(1) Certification requirement.--None of the funds
appropriated or otherwise made available by this Act under
the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Foreign
Military Financing Program'' for assistance for the
Government of Pakistan may be made available unless the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Pakistan is--
(A) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and
other domestic and foreign terrorist organizations, including
taking effective steps to end support for such groups and
prevent them from basing and operating in Pakistan and
carrying out cross border attacks into neighboring countries;
(B) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(C) not financing or otherwise supporting schools supported
by, affiliated with, or run by the Taliban or any designated
foreign terrorist organization;
(D) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(E) preventing the proliferation of nuclear-related
material and expertise;
(F) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(G) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(2) Waiver.--The Secretary of State, after consultation
with the Secretary of Defense, may waive the certification
requirement of paragraph (1) if the Secretary determines that
to do so is important to the national security interest of
the United States and the Secretary submits a report to the
Committees on Appropriations, in classified form if
necessary, on the justification for the waiver and the
reasons why any part of the certification requirement of
paragraph (1) has not been met.
(3) Assistance.--
(A) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for
Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are available
for assistance for Pakistan shall be made available to
interdict precursor materials from Pakistan to Afghanistan
that are used to manufacture IEDs, including calcium ammonium
nitrate; to support programs to train border and customs
officials in Pakistan and Afghanistan; and for agricultural
extension programs that encourage alternative fertilizer use
among Pakistani farmers.
(4) Scholarships for women.--The authority and directives
of section 7044(d)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall apply to funds
appropriated by this Act that are made available for
assistance for Pakistan: Provided, That prior to the
obligation of funds for such purposes, the USAID
Administrator shall consult with the Committees on
Appropriations.
(5) Reports.--
(A)(i) The spend plan required by section 7076 of this Act
for assistance for Pakistan shall include achievable and
sustainable goals, benchmarks for measuring progress, and
expected results regarding combating poverty and furthering
development in Pakistan, countering terrorism and extremism,
and establishing conditions conducive to the rule of law and
transparent and accountable governance: Provided, That not
later than 6 months after submission of such spend plan, and
each 6 months thereafter until September 30, 2019, the
Secretary of State shall submit a report to the Committees on
Appropriations on the status of achieving the goals and
benchmarks in such plan.
(ii) The Secretary of State should suspend assistance for
the Government of Pakistan if any report required by clause
(i) indicates that Pakistan is failing to make measurable
progress in meeting such goals or benchmarks.
(B) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing the costs and objectives
associated with significant infrastructure projects supported
by the United States in Pakistan, and an assessment of the
extent to which such projects achieve such objectives.
(6) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Pakistan.
(c) Sri Lanka.--
(1) Bilateral economic assistance.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' shall be
made available for assistance for Sri Lanka for democracy and
economic development programs, particularly in areas
recovering from ethnic and religious conflict: Provided, That
such funds shall be made available for programs to assist in
the identification and resolution of cases of missing
persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Sri Lanka is taking steps to--
(A) address the underlying causes of conflict in Sri Lanka;
(B) increase accountability and transparency in governance;
and
(C) fulfill commitments with respect to transitional
justice and the restoration of civil and human rights.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance
for Sri Lanka shall be subject to the following conditions--
(A) not to exceed $400,000 under the heading ``Foreign
Military Financing Program'' may only be made available for
programs to support humanitarian and disaster response
efforts; to redeploy out of former conflict zones; and to
restructure and reduce the size of the Sri Lankan armed
forces; and
(B) funds under the heading ``Peacekeeping Operations'' may
only be made available for training and equipment related to
international peacekeeping operations.
(d) Regional Programs.--
(1) Cross border programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance
for Afghanistan and Pakistan may be provided, notwithstanding
any other provision of law
[[Page H6967]]
that restricts assistance to foreign countries, for cross
border stabilization and development programs between
Afghanistan and Pakistan, or between either country and the
Central Asian countries.
(2) Security and justice programs.--Funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'', and
``Assistance for Europe, Eurasia and Central Asia'' that are
available for assistance for countries in South and Central
Asia shall be made available to enhance the recruitment,
retention, and professionalism of women in the judiciary,
police, and other security forces.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Funding.--Subject to the requirements of this
subsection, of the funds appropriated under titles III and IV
of this Act, $615,000,000 should be made available for
assistance for countries in Central America to implement the
updated United States Strategy for Engagement in Central
America: Provided, That such funds shall be made available to
the maximum extent practicable on a cost-matching basis.
(2) Pre-obligation requirements.--Prior to the obligation
of funds made available pursuant to paragraph (1), the
Secretary of State shall submit to the Committees on
Appropriations a multi-year spend plan as described under
this section in the report accompanying this Act, including a
description of how such funds shall prioritize addressing the
key factors in countries in Central America that contribute
to the migration of undocumented Central Americans to the
United States.
(3) Assistance for the central governments of el salvador,
guatemala, and honduras.--Of the funds made available
pursuant to paragraph (1) that are available for assistance
for each of the central governments of El Salvador,
Guatemala, and Honduras, the following amounts shall be
withheld from obligation and may only be made available as
follows:
(A) 25 percent may only be obligated after the Secretary of
State certifies and reports to the appropriate congressional
committees that such government is taking effective steps,
which are in addition to those steps taken since the
certification and report submitted during the prior year, if
applicable, to--
(i) inform its citizens of the dangers of the journey to
the southwest border of the United States;
(ii) combat human smuggling and trafficking;
(iii) improve border security, including to prevent illegal
migration, human smuggling and trafficking, and trafficking
of illicit drugs and other contraband; and
(iv) cooperate with United States Government agencies and
other governments in the region to facilitate the return,
repatriation, and reintegration of illegal migrants arriving
at the southwest border of the United States who do not
qualify for asylum, consistent with international law.
(B) An additional 50 percent may only be obligated after
the Secretary of State certifies and reports to the
appropriate congressional committees that such government is
taking effective steps, which are in addition to those steps
taken since the certification and report submitted during the
prior year, if applicable, to--
(i) work cooperatively with an autonomous, publicly
accountable entity to provide oversight of the Plan of the
Alliance for Prosperity in the Northern Triangle in Central
America (the Plan);
(ii) combat corruption, including investigating and
prosecuting current and former government officials credibly
alleged to be corrupt;
(iii) implement reforms, policies, and programs to improve
transparency and strengthen public institutions, including
increasing the capacity and independence of the judiciary and
the Office of the Attorney General;
(iv) implement a policy to ensure that local communities,
civil society organizations (including indigenous and other
marginalized groups), and local governments are consulted in
the design, and participate in the implementation and
evaluation of, activities of the Plan that affect such
communities, organizations, and governments;
(v) counter the activities of criminal gangs, drug
traffickers, and organized crime;
(vi) investigate and prosecute in the civilian justice
system government personnel, including military and police
personnel, who are credibly alleged to have violated human
rights, and ensure that such personnel are cooperating in
such cases;
(vii) cooperate with commissions against corruption and
impunity and with regional human rights entities;
(viii) support programs to reduce poverty, expand education
and vocational training for at-risk youth, create jobs, and
promote equitable economic growth particularly in areas
contributing to large numbers of migrants;
(ix) implement a plan that includes goals, benchmarks and
timelines to create a professional, accountable civilian
police force and end the role of the military in internal
policing, and make such plan available to the Department of
State;
(x) protect the right of political opposition parties,
journalists, trade unionists, human rights defenders, and
other civil society activists to operate without
interference;
(xi) increase government revenues, including by
implementing tax reforms and strengthening customs agencies;
and
(xii) resolve commercial disputes, including the
confiscation of real property, between United States entities
and such government.
(4) Northern triangle incentive award.--Amounts designated
as ``Northern Triangle Incentive Award'' in the table under
this section in the report accompanying this Act may be made
available to El Salvador, Guatemala, or Honduras, only if the
Secretary of State determines and reports to the appropriate
congressional committees that the country has made
extraordinary progress in meeting two or more of the
conditions enumerated in paragraph (3): Provided, That such
award shall be made in accordance with the requirements
described under this section in the report accompanying this
Act.
(5) Suspension of assistance and periodic review.--
(A) The Secretary of State shall periodically review the
progress of each of the central governments of El Salvador,
Guatemala, and Honduras in meeting the requirements of
paragraphs (3)(A) and (3)(B): Provided, That if the Secretary
determines that sufficient progress has not been made by a
central government, the Secretary shall suspend, in whole or
in part, assistance for such government for programs
supporting such requirement, and shall notify the appropriate
congressional committees in writing of such action: Provided
further, That the Secretary may resume funding for such
programs only after the Secretary certifies to such
committees that corrective measures have been taken.
(B) The Secretary of State shall, following a change of
national government in El Salvador, Guatemala, or Honduras,
determine and report to the appropriate congressional
committees that any new government has committed to take the
steps to meet the requirements of paragraphs (3)(A) and
(3)(B): Provided, That if the Secretary is unable to make
such a determination in a timely manner, assistance made
available under this subsection for such central government
shall be suspended, in whole or in part, until such time as
such determination and report can be made.
(6) Transfer of funds.--The Department of State and USAID
may, following consultation with the Committees on
Appropriations, transfer funds made available by this Act
under the heading ``Development Assistance'' to the Inter-
American Development Bank and the Inter-American Foundation
to support the Strategy.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $335,925,000 shall be
made available for assistance for Colombia, including to
support the efforts of the Government of Colombia to--
(A) conduct a unified campaign against narcotics
trafficking, organizations designated as foreign terrorist
organizations pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), and other criminal or
illegal armed groups: Provided, That aircraft supported by
funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities, and to
provide transport in support of alternative development
programs and investigations by civilian judicial authorities;
(B) enhance security and stability in Colombia and the
region;
(C) strengthen and expand governance, the rule of law, and
access to justice throughout Colombia;
(D) promote economic and social development, including by
improving access to areas impacted by conflict through
demining programs; and
(E) implement a peace agreement between the Government of
Colombia and illegal armed groups, in accordance with
constitutional and legal requirements in Colombia:
Provided, That such funds shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(2) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available
for payment of reparations to conflict victims or
compensation to demobilized combatants associated with a
peace agreement between the Government of Colombia and
illegal armed groups.
(3) Pre-obligation requirements.--Prior to the initial
obligation of funds made available pursuant to paragraph (1),
the Secretary of State, in consultation with the USAID
Administrator, shall submit to the Committees on
Appropriations a multi-year spend plan as described under
this section in the report accompanying this Act.
(4) Counternarcotics.--Of the funds made available by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' for
assistance for Colombia, 30 percent may be obligated only in
accordance with the conditions set forth under this section
in the report accompanying this Act.
(5) Exceptions.--The limitation of paragraph (4) shall not
apply to funds made available for humanitarian assistance,
aviation instruction and maintenance, and maritime and
riverine security programs.
[[Page H6968]]
(c) Cuba.--
(1) Diplomatic facilities.--
(A) None of the funds appropriated or otherwise made
available by this Act and prior acts making appropriations
for the Department of State, foreign operations, and related
programs may be obligated or expended for--
(i) the establishment or operation of a United States
diplomatic presence, including an embassy, consulate, or
liaison office, in Cuba beyond that which was in existence
prior to December 17, 2014, including the hiring of
additional staff, unless such staff are necessary for
protecting the health, safety, or security of diplomatic
personnel or facilities in Cuba;
(ii) the facilitation of the establishment or operation of
a diplomatic mission of Cuba, including an embassy,
consulate, or liaison office, in the United States beyond
that which was in existence prior to December 17, 2014; and
(iii) the support of Locally Employed Staff in
contravention of section 512 of the Intelligence
Authorization Act for Fiscal Year 2016 (division M of Public
Law 114-113).
(B) The limitation on the use of funds under subparagraph
(A) shall not apply--
(i) with respect to assistance or support in furtherance of
democracy-building efforts for Cuba described in section 109
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996 (22 U.S.C. 6039); and
(ii) if the President determines and reports to the
appropriate congressional committees that the government in
Cuba has met the requirements and factors specified in
section 205 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6065), including the extent
to which such government has extradited or otherwise rendered
to the United States all persons sought by the United States
Department of Justice for crimes committed in the United
States.
(2) Democracy promotion.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', $30,000,000
shall be made available to promote democracy and strengthen
civil society in Cuba: Provided, That no funds shall be
obligated for business promotion, economic reform,
entrepreneurship, or any other assistance that is not
democracy-building as expressly authorized in the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 and
the Cuban Democracy Act of 1992.
(d) Haiti.--
(1) Certification.--Funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'' that are made available for assistance for
Haiti may not be made available for assistance for the
central Government of Haiti unless the Secretary of State
certifies and reports to the Committees on Appropriations
that such government is taking effective steps, which are in
addition to steps taken since the certification and report
submitted during the prior year, if applicable, to--
(A) strengthen the rule of law in Haiti, including by--
(i) selecting judges in a transparent manner based on
merit;
(ii) reducing pre-trial detention; and
(iii) respecting the independence of the judiciary.
(B) combat corruption, including by implementing the anti-
corruption law enacted in 2014 and prosecuting corrupt
officials; and
(C) increase government revenues, including by implementing
tax reforms, and increase expenditures on public services.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
europe and eurasia
Sec. 7046. (a) Assistance for Ukraine.--Of the funds
appropriated by this Act under titles III and IV, not less
than $410,465,000 shall be made available for assistance for
Ukraine.
(b) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for a government of an
Independent State of the former Soviet Union if such
government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7070(a) of this Act, funds may
be made available without regard to the restriction in this
subsection if the President determines that to do so is in
the national security interest of the United States: Provided
further, That prior to executing the authority contained in
the previous proviso the Secretary of State shall consult
with the Committees on Appropriations on how such assistance
supports the national security interest of the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of
the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of the
Defense Against Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
war crimes tribunals
Sec. 7047. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That
the determination required under this section shall be in
lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant
to this section shall be made available subject to the
regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Of the funds appropriated under title I of this Act
that are available for contributions to the United Nations
(including the Department of Peacekeeping Operations), any
United Nations agency, or the Organization of American
States, 15 percent may not be obligated for such
organization, department, or agency until the Secretary of
State determines and reports to the Committees on
Appropriations that the organization, department, or agency
is--
(A) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(B) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices
for--
(i) protection against retaliation for internal and lawful
public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies, including
external arbitration; and
(v) results that eliminate the effects of proven
retaliation; and
(C) effectively implementing and enforcing policies and
procedures regarding travel, including a prohibition on first
class travel.
(2) The restrictions imposed by or pursuant to paragraph
(1) may be waived on a case-by-case basis if the Secretary of
State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) None of the funds made available by this Act may be
used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations
if such agency, body, or commission is chaired or presided
over by a country, the government of which the Secretary of
State has determined, for purposes of section 6(j)(1) of the
Export Administration Act of 1979 as continued in effect
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. App. 2405(j)(1)), supports international
terrorism.
(2) None of the funds made available by this Act may be
used by the Secretary of State as a contribution to any
organization, agency, commission, or program within the
United Nations system if such organization, agency,
commission, or program is chaired or presided over by a
country the government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 6(j)(1) of the Export Administration Act of
1979, or any other provision of law, is a government that has
repeatedly provided support for acts of international
terrorism.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of
the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on
Appropriations that participation in the Council is in the
national security interest of the United States and that such
Council is taking significant steps to remove Israel as a
permanent agenda item and increase transparency in the
election of members to such Council: Provided, That such
report shall include a description of the national security
interest served and the steps taken to remove Israel as a
permanent agenda item and increase transparency in the
election of members to such Council: Provided further, That
the Secretary of State shall report to the Committees on
Appropriations not later than September 30, 2018, on the
resolutions considered in the United Nations Human Rights
Council during the previous 12 months, and on steps
[[Page H6969]]
taken to remove Israel as a permanent agenda item and
increase transparency in the election of members to such
Council.
(d) United Nations Relief and Works Agency.--None of the
funds made available by this Act under the heading
``Migration and Refugee Assistance'' may be made available as
a contribution to the United Nations Relief and Works Agency
(UNRWA) until the Secretary of State certifies and reports to
the Committees on Appropriations, in writing, that UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance
Act of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to
ensure they are only used for humanitarian or other
appropriate purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States
law, and is taking steps to improve the financial
transparency of the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in
a timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--
None of the funds appropriated or made available pursuant to
titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961, the costs for participation of another country's
delegation at international conferences held under the
auspices of multilateral or international organizations.
(f) Capital Projects.--None of the funds made available by
this Act may be used for the design, renovation, or
construction of the United Nations Headquarters in New York:
Provided, That any operating plan submitted pursuant to this
Act for funds made available under the heading
``Contributions to International Organizations'' shall
include information on capital projects, as described under
such heading in the report accompanying this Act.
(g) Withholding Report.--Not later than 45 days after
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the
amount of funds available for obligation or expenditure in
fiscal year 2018 for contributions to any organization,
department, agency, or program within the United Nations
system or any international program that are withheld from
obligation or expenditure due to any provision of law:
Provided, That the Secretary of State shall update such
report each time additional funds are withheld by operation
of any provision of law: Provided further, That the
reprogramming of any withheld funds identified in such
report, including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(h) Sexual Exploitation and Abuse in Peacekeeping
Operations.--Funds appropriated by this Act shall be made
available to implement section 301 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323).
(i) Additional Availability.--Funds appropriated under
title I of this Act which are returned or not made available
due to the implementation of subsection (a) or the second
proviso under the heading ``Contributions for International
Peacekeeping Activities'' of such title shall remain
available for obligation until September 30, 2019.
(j) Waiver.--The restrictions imposed by or pursuant to
subsection (d) may be waived on a case-by-case basis by the
Secretary of State if the Secretary determines and reports to
the Committees on Appropriations that such waiver is
necessary to avert or respond to a humanitarian crisis.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles
III and IV of this Act to carry out the provisions of chapter
1 of part I and chapters 4 and 6 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding section
660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training
and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance
to foster civilian police roles that support democratic
governance, including assistance for programs to prevent
conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to the regular notification procedures of
the Committees on Appropriations.
prohibition on publicity or propaganda
Sec. 7050. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533).
international conferences
Sec. 7051. None of the funds made available in this Act
may be used to send or otherwise pay for the attendance of
more than 50 employees of agencies or departments of the
United States Government who are stationed in the United
States, at any single international conference occurring
outside the United States, unless the Secretary of State
reports to the Committees on Appropriations at least 5 days
in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the
term ``international conference'' shall mean a conference
attended by representatives of the United States Government
and of foreign governments, international organizations, or
nongovernmental organizations.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used
for any other program and in any region.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations
that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development with funds made available in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department of
State and USAID programs and activities: Provided further,
That official travel for other agencies for other purposes
may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis:
Provided further, That funds received by the Department of
State in connection with the use of aircraft owned, leased,
or chartered by the Department of State may be credited to
the Working Capital Fund of the Department and shall be
available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is
the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2011 (division F of Public Law 111-117)
shall apply to this Act: Provided, That the date ``September
30, 2009'' in subsection (f)(2)(B) of such section shall be
deemed to be ``September 30, 2017''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian purposes
may be disposed of on a grant basis in foreign countries,
subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
(1) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the
[[Page H6970]]
assistance, transfer, or sale of such cluster munitions or
cluster munitions technology specifies that the cluster
munitions will only be used against clearly defined military
targets and will not be used where civilians are known to be
present or in areas normally inhabited by civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
continuous supervision and general direction of economic and military
assistance
Sec. 7055. (a) Under the direction of the President, the
Secretary of State should be responsible for the continuous
supervision and general direction of economic assistance, law
enforcement and justice sector assistance, military
assistance, and military education and training programs,
including but not limited to determining whether there shall
be a military assistance (including civic action) or a
military education and training program for a country and the
value thereof, to the end that such programs are effectively
integrated both at home and abroad and the foreign policy of
the United States is best served thereby.
(b) Consistent with section 481(b) of the Foreign
Assistance Act of 1961, the Secretary of State shall be
responsible for coordinating all assistance provided by the
United States Government to support international efforts to
combat illicit narcotics production or trafficking: Provided,
That the provision of assistance by the Department of Defense
which is comparable to assistance that may be made available
by this Act under the heading ``International Narcotics
Control and Law Enforcement'' should be provided in a manner
consistent with the requirements of section 333(b) of title
10, United States Code, as added by section 1241 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328).
limitations related to family planning and reproductive health
Sec. 7056. (a) None of the funds appropriated or otherwise
made available by this Act may be made available for the
United Nations Population Fund.
(b) None of the funds appropriated or otherwise made
available by this Act for global health assistance may be
made available to any foreign nongovernmental organization
that promotes or performs abortion, except in cases of rape
or incest or when the life of the mother would be endangered
if the fetus were carried to term.
united states agency for international development management
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds
made available in title III of this Act pursuant to or to
carry out the provisions of part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International
Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant
to the authority of sections 308 and 309 of the Foreign
Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2019.
(c) Conditions.--The authority of subsection (a) should
only be used to the extent that an equivalent number of
positions that are filled by personal services contractors or
other non-direct hire employees of USAID, who are compensated
with funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', are eliminated.
(d) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which the
responsibilities of such individual primarily relate:
Provided, That funds made available to carry out this section
may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating
Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980, may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on
Appropriations.
(g) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Food for Peace Act (Public Law 83-480),
may be used by USAID to employ up to 40 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct,
interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than
15 of such contractors shall be assigned to any bureau or
office: Provided further, That such funds appropriated to
carry out title II of the Food for Peace Act (Public Law 83-
480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2011
(division F of Public Law 111-117) may be assigned to or
support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles
III and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs''
and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended.
(b) Limitation.--Of the funds appropriated by this Act, not
more than $461,000,000 may be made available for family
planning/reproductive health.
(c) Global Fund.--Of the funds appropriated by this Act
that are available for a contribution to the Global Fund to
Fight AIDS, Tuberculosis and Malaria (Global Fund), 10
percent should be withheld from obligation until the
Secretary of State determines and reports to the Committees
on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public
Web site;
(2) providing sufficient resources to maintain an
independent OIG that--
(A) reports directly to the Board of the Global Fund;
(B) maintains a mandate to conduct thorough investigations
and programmatic audits, free from undue interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, sub-
recipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices
for--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven
retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of the
Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to
funds that are withheld from the Global Fund in fiscal year
2018 pursuant to the application of any other provision
contained in this or any other Act.
(d) Contagious Infectious Disease Outbreaks.--
(1) Emergency reserve fund.--Of the funds appropriated by
this Act under the heading ``Global Health Programs'',
$10,000,000 shall be for the Emergency Reserve Fund
established pursuant to section 7058(c)(1) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
and shall be available under the same terms and conditions of
such section.
(2) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is
sustained, severe, and is spreading internationally, or that
it is in the national interest to respond to a Public Health
Emergency of International Concern, funds appropriated by
this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Migration and Refugee Assistance'', and ``Millennium
Challenge Corporation'' may be made available to combat such
infectious disease or public health emergency,
[[Page H6971]]
and may be transferred to, and merged with, funds
appropriated under such headings for the purposes of this
paragraph.
(3) Oversight of funds.--Funds made available pursuant to
the authority of this subsection shall be subject to prior
consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations.
(e) Malaria and Other Infectious Diseases.--Of the
unobligated balances available under the heading ``Bilateral
Economic Assistance'' in title IX of division J of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235), $250,000,000 shall be available for
assistance or research to detect, prevent, treat, and control
malaria, and $72,500,000 shall be for assistance or research
to detect, prevent, treat, and control emerging infectious
diseases in countries at risk of such diseases: Provided,
That amounts made available under this section are designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and shall be available only if
the President subsequently so designates all such amounts and
transmits such designations to the Congress.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this
Act shall be made available to promote gender equality in
United States Government diplomatic and development efforts
by raising the status, increasing the participation, and
protecting the rights of women and girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made
available to increase leadership opportunities for women in
countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for
women's political status, expanding women's participation in
political parties and elections, and increasing women's
opportunities for leadership positions in the public and
private sectors at the local, provincial, and national
levels.
(c) Gender-based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available
to implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police
and other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-
based violence, including child marriage, rape, female
genital cutting and mutilation, and domestic violence, among
other forms of gender-based violence in conflict and non-
conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'' should be made available to support a multi-
year strategy to expand, and improve coordination of, United
States Government efforts to empower women as equal partners
in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected
by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to
women and girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $800,000,000 shall be made available for
assistance for basic education, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries.
(B) Not later than 30 days after enactment of this Act, the
Administrator of the United States Agency for International
Development shall report to the Committees on Appropriations
on the status of cumulative unobligated balances and
obligated, but unexpended, balances in each country where
USAID provides basic education assistance and such report
shall also include details on the types of contracts and
grants provided and the goals and objectives of such
assistance: Provided, That the USAID Administrator shall
update such report on a quarterly basis until September 30,
2019.
(C) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$87,500,000 shall be made available for a contribution to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education, including not
less than $35,000,000 for new and ongoing partnerships for
human and institutional capacity building between higher
education institutions in the United States and developing
countries.
(b) Conservation Programs and Limitations.--
(1) Biodiversity.--
(A) Of the funds appropriated under title III of this Act,
not less than $265,000,000 shall be made available for
biodiversity conservation programs.
(B) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $102,375,000 shall be made
available for a multilateral funding facility to support
biodiversity conservation programs: Provided, That such funds
may only be made available on a grant basis: Provided
further, That such funds are in addition to amounts specified
in subparagraph (A) and are subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(2) Wildlife poaching and trafficking.--
(A) Not less than $90,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking.
(B) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance
for any military unit or personnel that the Secretary of
State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the appropriate congressional committees
that to do so is in the national security interest of the
United States.
(c) Development Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $26,000,000 shall be made available for the
American Schools and Hospitals Abroad program, and not less
than $12,000,000 shall be made available for cooperative
development programs of USAID.
(d) Food Security and Agricultural Development.--Of the
funds appropriated under title III of this Act, not less than
$1,000,600,000 should be made available to carry out the
provisions of the Global Food Security Act of 2016 (Public
Law 114-195), of which not less than $60,000,000 shall be
made available for the Feed the Future Innovation Labs:
Provided, That funds may be made available for a contribution
as authorized by section 3202 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246), as amended by
section 3206 of the Agricultural Act of 2014 (Public Law 113-
79).
(e) Microenterprise and Microfinance.--Of the funds
appropriated by this Act, not less than $265,000,000 should
be made available for microenterprise and microfinance
development programs for the poor, especially women.
(f) Programs to Combat Trafficking in Persons.--Of the
funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not
less than $65,000,000 shall be made available for activities
to combat trafficking in persons internationally, of which
not less than $40,000,000 shall be from funds made available
under the heading ``International Narcotics Control and Law
Enforcement'': Provided, That not later than 120 days after
enactment of this Act, the Secretary of State shall submit an
update to the report required pursuant to section 7060(f)(1)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law
115-31).
(g) Water and Sanitation.--Of the funds appropriated by
this Act, not less than $400,000,000 shall be made available
for water supply and sanitation projects pursuant to the
Senator Paul Simon Water for the Poor Act of 2005 (Public Law
109-121), of which not less than $145,000,000 shall be for
programs in sub-Saharan Africa.
countries impacted by significant refugee populations or internally
displaced persons
Sec. 7061. Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support
Fund'' shall be made available for programs in countries
affected by significant populations of internally displaced
persons or refugees to--
(1) expand and improve host government social services and
basic infrastructure to accommodate the needs of such
populations and persons;
(2) alleviate the social and economic strains placed on
host communities, including through programs to promote
livelihoods, vocational training, and formal and informal
education;
(3) improve coordination of such assistance in a more
effective and sustainable manner; and
(4) leverage increased assistance from donors other than
the United States Government for central governments and
local communities in such countries.
arms trade treaty
Sec. 7062. None of the funds appropriated by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
inspectors general
Sec. 7063. (a) Prohibition on Use of Funds.--None of the
funds appropriated by this Act may be used to deny an
Inspector General funded under this Act timely access
[[Page H6972]]
to any records, documents, or other materials available to
the department or agency of the United States Government over
which such Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede the access of such Inspector General to such
records, documents, or other materials, under any provision
of law, except a provision of law that expressly refers to
such Inspector General and expressly limits the right of
access of such Inspector General.
(b) Timely Access.--A department or agency of the United
States Government covered by this section shall provide its
Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Compliance.--Each Inspector General covered by this
section shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Report Requirement.--Each Inspector General covered by
this section shall report to the Committees on Appropriations
within 5 calendar days of any failure by any department or
agency of the United States Government to provide its
Inspector General access to all requested records, documents,
and other materials.
reporting requirements concerning individuals detained at naval
station, guantanamo bay, cuba
Sec. 7064. Not later than 5 days after the conclusion of
an agreement with a country, including a state with a compact
of free association with the United States, to receive by
transfer or release individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, the Secretary of State
shall notify the Committees on Appropriations in writing of
the terms of the agreement, including whether funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs will be made available for assistance for such
country pursuant to such agreement.
multi-year pledges
Sec. 7065. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any
multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at
least 7 days in advance of the pledge.
prohibition on use of torture
Sec. 7066. None of the funds made available in this Act
may be used to support or justify the use of torture, cruel,
or inhumane treatment by any official or contract employee of
the United States Government.
extradition
Sec. 7067. (a) Limitation.--None of the funds appropriated
in this Act may be used to provide assistance (other than
funds provided under the headings ``International Disaster
Assistance'', ``International Narcotics Control and Law
Enforcement'', ``Migration and Refugee Assistance'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which
has notified the Department of State of its refusal to
extradite to the United States any individual indicted for a
criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing
a law enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) Waiver.--The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that
such waiver is important to the national interests of the
United States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt, and the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
rescissions
(including rescission of funds)
Sec. 7069. (a) Assistance.--Of the unobligated balances
available to the President under the heading ``Development
Assistance'', as identified by Treasury Appropriation Fund
Symbol 72 X 1021, $29,906,927.46 are rescinded.
(b) North American Development Bank.--The unobligated
balances available under the heading ``Contribution to the
North American Development Bank'' in the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2016 (division K of Public Law 114-113) are rescinded.
(c) Export-Import Bank.--Of the unobligated balances under
the heading ``Export and Investment Assistance, Export-Import
Bank of the United States, Subsidy Appropriation'' for tied-
aid grants in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, $165,000,000 are rescinded.
(d) Sec. 129 of Public Law 110-329.--Of the unobligated
balances available for ``Department of Energy--Energy
Programs--Advanced Technology Vehicles Manufacturing Loan
Program Account'' under section 129 of the Continuing
Appropriations Resolution, 2009 (division A of Public Law
110-329), $1,965,575,000 is hereby rescinded.
countering russian influence and aggression
Sec. 7070. (a) Limitation.--None of the funds appropriated
by this Act may be made available for assistance for the
central Government of the Russian Federation.
(b) Annexation of Crimea.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian
Federation annexation of Crimea: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if
the Secretary determines and reports to such Committees that
to do so is in the national interest of the United States,
and includes a justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea, if such activity
includes the participation of Russian Government officials,
or other Russian owned or controlled financial entities; or
(C) assistance for Crimea, if such assistance includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such
institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty or territorial
integrity of Ukraine.
(4) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations
that the Government of Ukraine has reestablished sovereignty
over Crimea.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has recognized the
independence of, or has established diplomatic relations
with, the Russian occupied Georgian territories of Abkhazia
and Tskhinvali Region/South Ossetia: Provided, That the
Secretary shall publish on the Department of State Web site a
list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of
the United States, and includes a justification for such
interest.
(2) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such
institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty and territorial
integrity of Georgia.
(d) Assistance to Counter Influence and Aggression.--
(1) Funds appropriated by this Act under the headings
``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and
``Foreign Military Financing Program'' shall be made
available for assistance to counter Russian influence and
aggression in countries in Europe and Eurasia.
(2) Funds appropriated by this Act and made available for
assistance for the Eastern
[[Page H6973]]
Partnership countries shall be made available to advance the
implementation of Association Agreements and trade agreements
with the European Union, and to reduce their vulnerability to
external economic and political pressure from the Russian
Federation.
(e) Democracy Programs.--Funds appropriated by this Act
shall be made available to support democracy programs in the
Russian Federation, including to promote Internet freedom,
and shall also be made available to support the democracy and
rule of law strategy required by section 7071(d) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(f) Reports.--Not later than 45 days after enactment of
this Act, the Secretary of State shall update the reports
required by subsections (b)(2) and (e) of section 7071 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
international monetary fund
Sec. 7071. (a) Extensions.--The terms and conditions of
sections 7086(b) (1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Monetary Fund (IMF) to seek to ensure that any
loan will be repaid to the IMF before other private
creditors.
special defense acquisition fund
Sec. 7072. Not to exceed $900,000,000 may be obligated
pursuant to section 51(c)(2) of the Arms Export Control Act
for the purposes of the Special Defense Acquisition Fund
(Fund), to remain available for obligation until September
30, 2020: Provided, That the provision of defense articles
and defense services to foreign countries or international
organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
countering foreign fighters and extremist organizations
Sec. 7073. (a) Funding.-- Funds appropriated under titles
III and IV of this Act shall be made available for programs
and activities to counter and defeat violent extremism and
foreign fighters abroad, which shall include components to--
(1) counter the recruitment, radicalization, movement, and
financing of such extremists and foreign fighters;
(2) secure borders of countries impacted by extremism;
(3) assist countries impacted by extremism to implement and
establish criminal laws and policies to counter extremists
and foreign fighters; and
(4) promote and strengthen democratic institutions and
practices in countries impacted by extremism.
(b) Conditions.--The Secretary of State shall--
(1) promptly inform the appropriate congressional
committees of each instance in which assistance provided
pursuant to this section has been diverted or destroyed, to
include the type and amount of assistance, a description of
the incident and parties involved, and an explanation of the
response of the Department of State or the United States
Agency for International Development, as appropriate; and
(2) ensure programs to counter and defeat violent extremism
and foreign fighters abroad are coordinated with and
complement the efforts of other United States Government
agencies and international partners.
enterprise funds
Sec. 7074. (a) Notification Requirement.--None of the funds
made available under titles III through VI of this Act may be
made available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to
the appropriate congressional committees.
use of funds in contravention of this act
Sec. 7075. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program and policy.
budget documents
Sec. 7076. (a) Operating and Reorganization Plans.--
(1) Not later than 45 days after the date of enactment of
this Act, each department, agency, or organization funded in
titles I, II, and VI of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this
Act, including the Inter-American Foundation and the United
States African Development Foundation, shall submit to the
Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in
such titles of this Act, or funds otherwise available for
obligation in fiscal year 2018, that provides details of the
uses of such funds at the program, project, and activity
level: Provided, That such plans shall include, as
applicable, a comparison between the congressional budget
justification funding levels, the most recent congressional
directives or approved funding levels, and the funding levels
proposed by the department or agency; and a clear, concise,
and informative description/justification: Provided further,
That if such department, agency, or organization receives an
additional amount under the same heading in title VIII of
this Act, operating plans required by this subsection shall
include consolidated information on all such funds: Provided
further, That operating plans that include changes in levels
of funding for programs, projects, and activities specified
in the congressional budget justification, in this Act, or
amounts specifically designated in the respective tables
included in the report accompanying this Act, as applicable,
shall be subject to the notification and reprogramming
requirements of section 7015 of this Act.
(2) Concurrent with the submission of an operating plan
pursuant to paragraph (1), each covered department, agency,
or organization shall submit to the Committees on
Appropriations information detailing any planned
reorganization of such department, agency, or organization,
including any action planned pursuant to the March 13, 2017
Executive Order 13781 on a Comprehensive Plan for
Reorganizing the Executive Branch, including--
(A) a detailed explanation of the plan, including any
policies and procedures currently or expected to be used to
comply with Executive Order 13781;
(B) a detailed organization chart, including a brief
description of each operating unit; and
(C) the number of employees for each operating unit.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to
the Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan,
and the West Bank and Gaza;
(B) regional security initiatives listed under this section
in the report accompanying this Act: Provided, That the spend
plan for such initiatives shall include the amount of
assistance planned for each country by account, to the
maximum extent practicable; and
(C) democracy programs and sectors enumerated in
subsections (a), (b), (d), (f), and (g) of section 7060 of
this Act.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Spending Report.--Not later than 45 days after
enactment of this Act, the USAID Administrator shall submit
to the Committees on Appropriations a detailed report on
spending of funds made available during fiscal year 2017
under the heading ``Development Credit Authority''.
(d) Notifications.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements in this Act or under section 634A
of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department
of State operations and foreign operations shall be provided
to the Committees on Appropriations concurrent with the date
of submission of the President's budget for fiscal year 2019:
Provided, That any appendices for such justification shall be
provided to the Committees on Appropriations not later than
10 calendar days thereafter.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a
detailed justification for multi-year availability for any
funds requested under the headings ``Diplomatic and Consular
Programs'' and ``Operating Expenses''.
reports and records management
Sec. 7077. (a) Public Posting of Reports.--
(1) Requirement.--Any agency receiving funds made available
by this Act shall, subject to paragraphs (2) and (3), post on
the publicly available Web site of such agency any report
required by this Act to be submitted to the Committees on
Appropriations, upon a determination by the head of such
agency that to do so is in the national interest.
(2) Exceptions.--Paragraph (1) shall not apply to a report
if--
(A) the public posting of such report would compromise
national security, including the conduct of diplomacy; or
(B) the report contains proprietary, privileged, or
sensitive information.
(3) Timing and intention.--The head of the agency posting
such report shall, unless otherwise provided for in this Act,
do so only
[[Page H6974]]
after such report has been made available to the Committees
on Appropriations for not less than 45 days: Provided, That
any report required by this Act to be submitted to the
Committees on Appropriations shall include information from
the submitting agency on whether such report will be publicly
posted.
(b) Requests for Documents.--None of the funds appropriated
or made available pursuant to titles III through VI of this
Act shall be available to a nongovernmental organization,
including any contractor, which fails to provide upon timely
request any document, file, or record necessary to the
auditing requirements of the Department of State and the
United States Agency for International Development.
(c) Records Management.--
(1) Limitation.--None of the funds appropriated by this Act
under the headings ``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II that
are made available to the Department of State and USAID may
be made available to support the use or establishment of
email accounts or email servers created outside the .gov
domain or not fitted for automated records management as part
of a Federal government records management program in
contravention of the Presidential and Federal Records Act
Amendments of 2014 (Public Law 113-187).
(2) Directives.--The Secretary of State and USAID
Administrator shall--
(A) update the policies, directives, and oversight
necessary to comply with Federal statutes, regulations, and
presidential executive orders and memoranda concerning the
preservation of all records made or received in the conduct
of official business, including record emails, instant
messaging, and other online tools;
(B) use funds appropriated by this Act under the headings
``Diplomatic and Consular Programs'' and ``Capital Investment
Fund'' in title I, and ``Operating Expenses'' and ``Capital
Investment Fund'' in title II, as appropriate, to improve
Federal records management pursuant to the Federal Records
Act (44 U.S.C. Chapters 21, 29, 31, and 33) and other
applicable Federal records management statutes, regulations,
or policies for the Department of State and USAID;
(C) direct departing employees that all Federal records
generated by such employees, including senior officials,
belong to the Federal Government; and
(D) significantly improve the response time for identifying
and retrieving Federal records, including requests made
pursuant to the Freedom of Information Act.
(3) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State and USAID Administrator shall
each submit a report to the Committees on Appropriations and
to the National Archives and Records Administration
detailing, as appropriate and where applicable--
(A) any updates or modifications made to the policy of each
agency regarding the use or the establishment of email
accounts or email servers created outside the .gov domain or
not fitted for automated records management as part of a
Federal government records management program since the
submission to the Committees on Appropriations of the report
required by section 7077(c)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31);
(B) the extent to which each agency is in compliance with
applicable Federal records management statutes, regulations,
and policies, including meeting Directive goal 1.2 of the
Managing Government Records Directive (M-12-18) by December
31, 2016; and
(C) any steps taken since the submission of the report
referenced in subparagraph (A) to--
(i) comply with paragraph (1)(B) of this subsection;
(ii) ensure that all employees at every level have been
instructed in procedures and processes to ensure that the
documentation of their official duties is captured,
preserved, managed, protected, and accessible in official
Government systems of the Department of State and USAID;
(iii) implement recommendation 1 made by the Office of
Inspector General (OIG), Department of State, in the January
2016 Evaluation of the Department of State's FOIA Process for
Requests Involving the Office of the Secretary (ESP-16-01);
(iv) reduce the backlog of Freedom of Information Act
(FOIA) and Congressional oversight requests, and measurably
improve the response time for answering such requests; and
(v) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control
of national security information, and implement the
recommendations of the corresponding reports of the OIG as
detailed under this section in the report accompanying this
Act.
(4) Operating plans.--The operating plans required by
section 7076(a) of this Act for funds appropriated under the
headings listed in paragraph (1) shall include funds planned
for--
(A) implementing the recommendations of the OIG reports
referenced in clauses (iii) and (v); and
(B) measurably reducing the FOIA and Congressional
oversight requests backlog.
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for
obligation during fiscal year 2018 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $50,500,000 shall
be made available for programs to promote Internet freedom
globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of
expression on the Internet, and that are important to the
national interests of the United States: Provided further,
That funds made available pursuant to this section shall be
matched, to the maximum extent practicable, by sources other
than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' that are
made available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs funded by
this Act under such headings, and shall be incorporated into
country assistance and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011, International
Strategy for Cyberspace; the Department of State
International Cyberspace Policy Strategy required by section
402 of the Cybersecurity Act of 2015 (division N of Public
Law 114-113); and the comprehensive strategy to promote
Internet freedom and access to information in Iran, as
required by section 414 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations;
to combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(D) made available for research of key threats to Internet
freedom; the continued development of technologies that
provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage
of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the Chief Executive Officer (CEO) of the
Broadcasting Board of Governors (BBG), shall coordinate any
such research and development programs with other relevant
United States Government departments and agencies in order to
share information, technologies, and best practices, and to
assess the effectiveness of such technologies; and
(E) the responsibility of the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State.
(2) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content;
facilitate audience access to such content on Web sites that
are censored; coordinate the distribution of BBG digital
content to targeted regional audiences; and to promote and
distribute such tools and techniques, including digital
security techniques;
(B) coordinated with programs funded by this Act under the
heading ``International Broadcasting Operations'', and shall
be incorporated into country broadcasting strategies, as
appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in countries
that are strategic priorities for the BBG and in a manner
consistent with the BBG Internet freedom strategy; and
(D) made available for the research and development of new
tools or techniques authorized in paragraph (A) only after
the BBG CEO, in consultation with the Secretary of State and
other relevant United States Government departments and
agencies, evaluates the risks and benefits of such new tools
or techniques, and establishes safeguards to minimize the use
of such new tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after
enactment of this Act, the Secretary of State and the BBG CEO
shall submit to the Committees on Appropriations spend plans
for funds made available by this Act for programs to promote
Internet freedom globally, which shall include a description
of safeguards established by relevant agencies to ensure that
such programs are not used for illicit purposes: Provided,
That the Department of State spend plan shall include funding
for all such programs for all relevant Department of State
and USAID offices and bureaus.
impact on jobs in the united states
Sec. 7079. None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United
[[Page H6975]]
States for the purpose of inducing such an enterprise to
relocate outside the United States if such incentive or
inducement is likely to reduce the number of employees of
such business enterprise in the United States because United
States production is being replaced by such enterprise
outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade
Act of 1974, of workers in the recipient country, including
any designated zone or area in that country: Provided, That
the application of section 507(4)(D) and (E) of such Act
should be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating
or transferring jobs from the United States to other
countries and adversely impacts the labor force in the United
States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Consolidated Appropriations Act, 2010;
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation's
Environmental and Social Policy Statement relating to coal;
(C) the Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the United
States on December 12, 2013; or
(D) the World Bank Group's Directions for the World Bank
Group's Energy Sector released on July 16, 2013,
when enforcement of such rule, regulation, policy, or
guidelines would prohibit, or have the effect of prohibiting,
any coal-fired or other power-generation project the purpose
of which is to increase exports of goods and services from
the United States or prevent the loss of jobs from the United
States.
quorum requirement
Sec. 7080. Section 1 of Public Law 106-46 (12 U.S.C. 635a
note) is amended by striking ``July 21, 1999, and ends on
December 2, 1999'' and inserting ``October 1, 2017, and ends
on September 30, 2019'': Provided, That the amendment made
pursuant to this subparagraph to such law shall take effect
upon enactment of this Act.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular
Programs'', $2,975,971,000, to remain available until
September 30, 2019, of which $2,376,122,000 is for Worldwide
Security Protection and shall remain available until
expended: Provided, That the Secretary of State may transfer
up to $5,000,000 of the total funds made available under this
heading to any other appropriation of any department or
agency of the United States, upon the concurrence of the head
of such department or agency, to support operations in and
assistance for Afghanistan and to carry out the provisions of
the Foreign Assistance Act of 1961: Provided further, That
any such transfer shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $68,100,000, to remain available until September
30, 2019, of which $54,900,000 shall be for the Special
Inspector General for Afghanistan Reconstruction (SIGAR) for
reconstruction oversight: Provided, That printing and
reproduction costs of SIGAR shall not exceed amounts for such
costs during fiscal year 2017: Provided further, That
notwithstanding any other provision of law, any employee of
SIGAR who completes at least 12 months of continuous service
after the date of enactment of this Act or who is employed on
the date on which SIGAR terminates, whichever occurs first,
shall acquire competitive status for appointment to any
position in the competitive service for which the employee
possesses the required qualifications: Provided further, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $71,778,000, to remain
available until expended, for Worldwide Security Upgrades,
acquisition, and construction as authorized: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $96,240,000: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $965,906,000, to
remain available until September 30, 2019: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$136,555,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $2,500,000, to remain available until September
30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $1,788,203,000, to remain available until
expended: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$62,043,000, to remain available until expended: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,353,672,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'' to respond to refugee crises, including in
Africa, the Near East, South and Central Asia, and Europe and
Eurasia, $2,231,198,000, to remain available until expended,
except that such funds shall not be made available for the
resettlement costs of refugees in the United States:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $417,951,000, to remain
available until September 30, 2019: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', $220,583,000, to
remain available until September 30, 2019: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$325,213,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That funds available for obligation under this heading in
this Act may be
[[Page H6976]]
used to pay assessed expenses of international peacekeeping
activities in Somalia, subject to the regular notification
procedures of the Committees on Appropriations.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $460,000,000, to remain available until September
30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law,
funds appropriated in this title are in addition to amounts
appropriated or otherwise made available in this Act for
fiscal year 2018.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to
appropriations accounts in this Act shall be available under
the authorities and conditions applicable to such
appropriations accounts.
counterterrorism partnerships fund
Sec. 8003. Funds appropriated by this Act under the
heading ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' shall be made available for the
Counterterrorism Partnerships Fund for security programs in
areas liberated from, under the influence of, or adversely
affected by, the Islamic State of Iraq and Syria or other
terrorist organizations: Provided, That such areas shall
include the Kurdistan Region of Iraq: Provided further, That
prior to the obligation of funds made available pursuant to
this subsection, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds: Provided
further, That the Secretary shall promptly inform the
appropriate congressional committees of each instance in
which assistance provided pursuant to this section has been
diverted or destroyed, to include the type and amount of
assistance, a description of the incident and parties
involved, and an explanation of the response of the
Department of State: Provided further, That funds made
available pursuant to this section shall be subject to prior
consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations.
rescission
(including rescission of funds)
Sec. 8004. Of the unobligated balances available to the
President under the heading ``Economic Support Fund'',
$156,913,000, which shall be derived from amounts under such
heading previously designated by Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, are hereby rescinded: Provided,
That such amounts are designated by Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
designation
Sec. 8005. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
TITLE IX--ADDITIONAL GENERAL PROVISION
references to act
Sec. 9001. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
reference to report
Sec. 9002. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-253. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 9003. $0
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2018''.
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
2018, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$108,899,000, of which not to exceed $2,758,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,040,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $20,772,000 shall be
available for the Office of the General Counsel; not to
exceed $10,033,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$14,019,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,546,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $24,255,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,142,000 shall be
available for the Office of Public Affairs; not to exceed
$1,760,000 shall be available for the Office of the Executive
Secretariat; not to exceed $11,089,000 shall be available for
the Office of Intelligence, Security, and Emergency Response;
and not to exceed $18,485,000 shall be available for the
Office of the Chief Information Officer: Provided, That the
Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to
any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be
increased or decreased by more than 10 percent by all such
transfers: Provided further, That notice of any change in
funding greater than 10 percent shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law
107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $8,465,109,
of which $2,618,000 shall remain available until September
30, 2020: Provided, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law,
regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall
continue to be deemed to be a reference to the Office of the
Assistant Secretary for Research and Technology of the
Department of Transportation.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface
Transportation and Innovative Finance Bureau authorized by 49
U.S.C. 116, $1,000,000 Provided, That the Secretary is
required to notify the House and Senate Committees on
Appropriations prior to exercising the authorities of 49
U.S.C. 116(h).
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, and implementation of enhanced security
controls on network devices, $15,000,000, to remain available
through September 30, 2019.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,500,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $8,500,001: Provided, That of such amount,
$3,000,000 shall be for necessary expenses of the Interagency
Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts
transferred from other Federal agencies for expenses incurred
under this heading for IIPIC activities not related to
transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available
to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation
only to the extent that other Federal agencies provide
funding to the Department as provided for under the previous
proviso.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$202,245,000 shall be paid from appropriations made available
to the Department of Transportation: Provided, That such
services shall be provided on a competitive basis to entities
within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not
apply to non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department
[[Page H6977]]
shall be transferred to the Working Capital Fund without
majority approval of the Working Capital Fund Steering
Committee and approval of the Secretary: Provided further,
That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless
notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For necessary expenses of the Minority Business Resource
Center, the provision of financial education outreach
activities to eligible transportation-related small
businesses, the monitoring of existing loans in the
guaranteed loan program, and the modification of such loans
of the Minority Business Resource Center, $500,301, as
authorized by 49 U.S.C. 332; Provided, That notwithstanding
that section, these funds may be for business opportunities
related to any mode of transportation.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $3,999,093, to remain
available until September 30, 2019: Provided, That
notwithstanding 49 U.S.C. 332, these funds may be used for
business opportunities related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $150,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That basic essential air
service minimum requirements shall not include the 15-
passenger capacity requirement under subsection 41732(b)(3)
of title 49, United States Code: Provided further, That none
of the funds in this Act or any other Act shall be used to
enter into a new contract with a community located less than
40 miles from the nearest small hub airport before the
Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be
distributed for the essential air service program under
subsection 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
(including transfer of funds)
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order 13150 and section 3049 of Public Law
109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to
be expended in advance to provide uninterrupted transit
benefits to Government employees; Provided further, That
such reserve will not exceed one month of benefits payable
and may be used only for the purpose of providing for the
continuation of transit benefits; Provided further, That the
Working Capital Fund will be fully reimbursed by each
customer agency for the actual cost of the transit benefit.
Sec. 104. Hereafter, the Secretary may transfer to the
National Surface Transportation and Innovative Finance
Bureau, for the purposes of the Bureau, funds allocated to
the administrative costs of processing applications for the
programs referred to in 49 U.S.C. 116(d)(1) and funds
allocated to any office or office function that the Secretary
determines has duties, responsibilities, resources, or
expertise that support the purposes of the Bureau: Provided,
That any such funds, or portions thereof, transferred to the
Bureau may be transferred back to and merged with the
original account.
Sec. 105. Section 503(l)(4) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 823(l)(4)) is
amended--
(1) by striking the heading ``Safety and Operations
Account'' and inserting the heading ``National Surface
Transportation and Innovative Finance Bureau Account, Office
of the Secretary''; and
(2) in subparagraph (A) by striking ``the Safety and
Operations account of the Federal Railroad Administration''
and inserting ``the National Surface Transportation and
Innovative Finance Bureau account.''
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 112-95, $10,185,482,000, to remain
available until September 30, 2019, of which $8,859,900,000
shall be derived from the Airport and Airway Trust Fund, of
which not to exceed $7,691,814,000 shall be available for air
traffic organization activities; not to exceed $1,309,749,000
shall be available for aviation safety activities; not to
exceed $21,587,000 shall be available for commercial space
transportation activities; not to exceed $777,506,000 shall
be available for finance and management activities; not to
exceed $59,951,000 shall be available for NextGen and
operations planning activities; not to exceed $112,622,000
shall be available for security and hazardous materials
safety; and not to exceed $212,253,000 shall be available for
staff offices: Provided, That not to exceed 5 percent of any
budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation by more than 5 percent: Provided further,
That any transfer in excess of 5 percent shall be treated as
a reprogramming of funds under section 405 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That not later than March 31 of each fiscal
year hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to
section 221 of Public Law 108-176: Provided further, That
the amount herein appropriated shall be reduced by $100,000
for each day after March 31 that such report has not been
submitted to the Congress: Provided further, That not later
than March 31 of each fiscal year hereafter, the
Administrator shall transmit to Congress a companion report
that describes a comprehensive strategy for staffing, hiring,
and training flight standards and aircraft certification
staff in a format similar to the one utilized for the
controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall
be reduced by $100,000 per day for each day after March 31
that such report has not been submitted to Congress:
Provided further, That funds may be used to enter into a
grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $162,000,000
shall be for the contract tower program, including the
contract tower cost share program: Provided further, That
none of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: Provided
further, That none of the funds appropriated or otherwise
made available by this Act or any other Act may be used to
eliminate the Contract Weather Observers program at any
airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code,
[[Page H6978]]
including initial acquisition of necessary sites by lease or
grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of
quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at
remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft
from funds available under this heading, including aircraft
for aviation regulation and certification; to be derived from
the Airport and Airway Trust Fund, $2,855,000,000, of which
$493,000,000 shall remain available until September 30, 2019,
$2,247,000,000 shall remain available until September 30,
2020, and $115,000,000 shall remain available until expended:
Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization
of national airspace systems: Provided further, That no
later than March 31, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal
Aviation Administration which includes funding for each
budget line item for fiscal years 2019 through 2023, with
total funding for each year of the plan constrained to the
funding targets for those years as estimated and approved by
the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$170,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2020:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,350,000,000 in fiscal year 2018,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) for subgrants or paragraph (3) of that section
shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not
more than $111,863,000 shall be available for administration,
not less than $15,000,000 shall be available for the Airport
Cooperative Research Program, and not less than $33,210,000
shall be available for Airport Technology Research.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2017.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds
in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303 and any amount remaining in such account at the
close of that fiscal year may be made available to satisfy
section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Assistant Secretary for Administration of the
Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available
for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation
Administration.
Sec. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees
are consistent with Executive Order 13642.
Sec. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119B. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119C. None of the funds provided under this Act may
be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program
participants, pending as of January 1, 2016, as long as the
Federal Aviation Administration has received an application
from the airport, and as long as the Administrator determines
such tower is eligible using the factors set forth in the
Federal Aviation Administration report, Establishment and
Discontinuance Criteria for Airport Traffic Control Towers
(FAA-APO-90-7 as of August, 1990).
Sec. 119D. Notwithstanding any other provision of law,
none of the funds made available in this Act may be obligated
or expended to limit an Organization Designation
Authorization holder from utilizing authorized delegated
functions, unless the FAA documents, through surveillance,
oversight or accident/incident finding, a systemic
airworthiness noncompliance performance issue on the part of
the ODA holder with regard to a specific function or where an
ODA's capability has not been previously established in terms
of a new compliance method or design feature: Provided, that
where the FAA has limited the authority of the ODA the FAA
shall work with the ODA holder to develop the capability to
execute that function safely and effectively.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $439,443,925, together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration. In addition, $3,248,000 shall be transferred
to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
[[Page H6979]]
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under titles 23 and 49, United States Code, and
the provisions of the Fixing America's Surface Transportation
Act shall not exceed total obligations of $44,234,212,000 for
fiscal year 2018: Provided, That the Secretary may collect
and spend fees, as authorized by title 23, United States
Code, to cover the costs of services of expert firms,
including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available
until expended to pay for such costs: Provided further, That
such amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code,
$44,973,212,000 derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until
expended.
(rescission)
(highway trust fund)
Of the unobligated balances of funds apportioned among the
States under chapter 1 of title 23, United States Code, a
total of $800,000,000 is hereby permanently rescinded on
November 30, 2017: Provided, That such rescission shall not
apply to funds distributed in accordance with sections
104(b)(3) and 130(f) of title 23, United States Code; section
133(d)(1)(A) of such title; the first sentence of section
133(d)(3)(A) of such title, as in effect on the day before
the date of enactment of MAP-21 (Public Law 112-141);
sections 133(d)(1) and 163 of such title, as in effect on the
day before the date of enactment of SAFETEA-LU (Public Law
109-59); and section 104(b)(5) of such title, as in effect on
the day before the date of enactment of MAP-21 (Public Law
112-141): Provided further, That such rescission shall not
apply to funds that are exempt from the obligation limitation
or subject to special no-year obligation limitation: Provided
further, That the amount to be rescinded from a State shall
be determined by multiplying the total amount of the
rescission by the ratio that the unobligated balances subject
to the rescission as of September 30, 2017, for the State;
bears to the unobligated balances subject to the rescission
as of September 30, 2017, for all States: Provided further,
That the amount to be rescinded under this section from each
program to which the rescission applies within a State shall
be determined by multiplying the rescission amount calculated
for such State by the ratio that the unobligated balance as
of September 30, 2017, for such program in such State; bears
to the unobligated balances as of September 30, 2017, for all
programs to which the rescission applies in such State.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2018, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under sections 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Fixing America's Surface
Transportation Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2018, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface Transportation
Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
[[Page H6980]]
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
provide an annual report to the House and Senate Committees
on Appropriations on any waivers granted under the Buy
America requirements.
Sec. 123. None of the funds in this Act to the Department
of Transportation may be used to provide credit assistance
unless not less than 3 days before any application approval
to provide credit assistance under sections 603 and 604 of
title 23, United States Code, the Secretary of Transportation
provides notification in writing to the following committees:
the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee
on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House
of Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Sec. 124. None of the funds in this Act may be used to
make a grant for a project under section 117 of title 23,
United States Code, unless the Secretary, at least 60 days
before making a grant under that section, provides written
notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award.
Sec. 125. For this fiscal year, the Federal Highway
Administration shall reinstate Interim Approval IA-5,
relating to the provisional use of an alternative lettering
style on certain highway guide signs, as it existed before
its termination, as announced in the Federal Register on
January 25, 2016 [(81 Fed. Reg. 4083)].
Sec. 126. Section 127(t) of title 23, United States Code,
is amended--
(1) in the subsection heading by inserting ``North Dakota
and'' before ``Idaho'';
(2) in the matter preceding paragraph (1) by inserting
``North Dakota or'' before ``Idaho''; and
(3) in paragraph (3) by striking ``Idaho State law'' and
inserting ``the law of the relevant State''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Fixing America's
Surface Transportation Act, $283,000,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account),
together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which
shall remain available until expended: Provided, That funds
available for implementation, execution or administration of
motor carrier safety operations and programs authorized under
title 49, United States Code, shall not exceed total
obligations of $283,000,000 for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2018, of which
$9,073,000, to remain available for obligation until
September 30, 2020, is for the research and technology
program, and of which $34,824,000, to remain available for
obligation until September 30, 2020, is for information
management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
sections 31102, 31103, 31104, and 31313 of title 49, United
States Code, as amended by the Fixing America's Surface
Transportation Act, $374,800,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That funds
available for the implementation or execution of motor
carrier safety programs shall not exceed total obligations of
$374,800,000 in fiscal year 2018 for ``Motor Carrier Safety
Grants''; of which $298,900,000 shall be available for the
motor carrier safety assistance program, $31,800,000 shall be
available for the commercial driver's license program
implementation program, $43,100,000 shall be available for
the high priority activities program, and $1,000,000 shall be
available for the commercial motor vehicle operators grant
program: Provided further, That of the amounts provided for
Commercial Vehicle Information Systems Network Development or
other Motor Carrier Safety grants in the Transportation
Equity Act for the 21st Century (Public Law 105-178),
SAFETEA-LU (Public Law 109-59), or other appropriation or
authorization acts prior to Fiscal Year 2017, $100,000,000 in
additional obligation limitation is provided for a highly
automated commercial vehicle research and development
program, in accordance with 49 U.S.C. 31108, and shall remain
available until September 30, 2022: Provided further, That
the activities funded by the previous proviso may be
accomplished through direct expenditure, direct research
activities, grants, cooperative agreements, contracts, intra
or interagency agreements, other agreements with private and
public organizations, and transfers to other Federal agencies
for activities under this heading: Provided further, That
such funds as necessary for payment of obligations incurred
in carrying out this section shall be derived from the
Highway Trust Fund (other than the Mass Transit Account), to
be available until expended.
administrative provisions--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-
28.
Sec. 131. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of
delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use
of electronic logging devices by operators of commercial
motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) or insects.
Sec. 133. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to amend,
revise or otherwise modify by rulemaking, guidance, or
interpretation the regulations in effect on December 4, 2015
relating to safety fitness determinations for motor carriers
until the Inspector General of the Department of
Transportation makes the certifications set out in section
5223(a) of Public Law 114-94.
Sec. 134. FEDERAL AUTHORITY.
(a) In General.--Section 14501(c) of title 49, United
States Code, is amended--
(1) in paragraph (1) by striking ``paragraphs (2) and (3)''
and inserting ``paragraphs (3) and (4)'';
(2) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6) respectively;
(3) by inserting after paragraph (1) the following:
``(2) Additional limitation.--
``(A) In general.--A State, political subdivision of a
State, or political authority of 2 or more States may not
enact or enforce a law, regulation, or other provision having
the force and effect of law prohibiting employees whose hours
of service are subject to regulation by the Secretary under
section 31502 from working to the full extent permitted or at
such times as permitted under such section, or imposing any
additional obligations on motor carriers if such employees
work to the full extent or at such times as permitted under
such section, including any related activities regulated
under part 395 of title 49, Code of Federal Regulations.
``(B) Statutory construction.--Nothing in this paragraph
may be construed to limit the provisions of paragraph (1).'';
(4) in paragraph (3) (as redesignated) by striking
``Paragraph (1)--'' and inserting ``Paragraphs (1) and (2)--
''; and
(5) in paragraph (4)(A) (as redesignated) by striking
``Paragraph (1)'' and inserting ``Paragraphs (1) and (2)''.
(b) Effective Date.--The amendments made by this section
shall have the force and effect as if enacted on the date of
enactment of the Federal Aviation Administration
Authorization Act of 1994 (Public Law 103-305).
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $180,075,000, of which
$20,000,000 shall remain available through September 30,
2019.
[[Page H6981]]
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, section 4011 of the Fixing
America's Surface Transportation (FAST) Act, and chapter 303
of title 49, United States Code, $149,000,000, to be derived
from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided,
That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for
which, in fiscal year 2018, are in excess of $149,000,000, of
which $143,700,000 shall be for programs authorized under 23
U.S.C. 403 and $5,300,000 shall be for the National Driver
Register authorized under chapter 303 of title 49, United
States Code: Provided further, That within the $149,000,000
obligation limitation for operations and research,
$20,000,000 shall remain available until September 30, 2019,
and shall be in addition to the amount of any limitation
imposed on obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402, 404 and 405, and section
4001(a)(6) of the Fixing America's Surface Transportation
Act, to remain available until expended, $597,629,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year
2018, are in excess of $597,629,000 for programs authorized
under 23 U.S.C. 402, 404 and 405, and section 4001(a)(6) of
the Fixing America's Surface Transportation Act, of which
$261,200,000 shall be for ``Highway Safety Programs'' under
23 U.S.C. 402; $280,200,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405; $29,900,000 shall be
for ``High Visibility Enforcement Program'' under 23 U.S.C.
404; $26,329,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act: Provided further, That none of these
funds shall be used for construction, rehabilitation, or
remodeling costs, or for office furnishings and fixtures for
State, local or private buildings or structures: Provided
further, That not to exceed $500,000 of the funds made
available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as
described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision
under 23 U.S.C. 405(a)(8), any amounts transferred to
increase the amounts made available under section 402 shall
include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and
Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23
U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. None of the funds made available by this Act may
be used to obligate or award funds for the National Highway
Traffic Safety Administration's National Roadside Survey.
Sec. 143. None of the funds made available by this Act may
be used to mandate global positioning system (GPS) tracking
in private passenger motor vehicles without providing full
and appropriate consideration of privacy concerns under 5
U.S.C. chapter 5, subchapter II.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $218,298,000, of
which $15,900,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $40,100,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue
direct loans and loan guarantees pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, such
authority shall exist as long as any such direct loan or loan
guarantee is outstanding: Provided, That pursuant to section
502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for
the credit risk premium during fiscal year 2018, except for
federal funds awarded in accordance with section 3028(c) of
Public Law 114-94.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership
for State of Good Repair grants as authorized by section
24911 of title 49, United States Code, $500,000,000, to
remain available until expended: Provided, That the
Secretary may withhold up to one percent of the amount
provided under this heading for the costs of award and
project management oversight of grants carried out under
section 24911 of title 49, United States Code: Provided
further, That in selecting an applicant for a grant, the
Secretary shall first give preference to eligible projects
for which the environmental impact statement required under
the National Environmental Policy Act and design work is
already complete at the time of the grant application review,
or to projects that address major critical assets which have
conditions that pose a substantial risk now or in the future
to the reliability of train service.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements Grants as authorized
by section 24407 of title 49, United States Code,
$25,000,000, to remain available until expended: Provided,
That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and
project management oversight of grants carried out under
section 24407 of title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by
section 11101(a) of the Fixing America's Surface
Transportation Act (division A of Public Law 114-94),
$328,000,000, to remain available until expended: Provided,
That the Secretary may retain up to one-half of 1 percent of
the funds provided under both this heading and the ``National
Network Grants to the National Railroad Passenger
Corporation'' heading to fund the costs of project management
and oversight of activities authorized by section 11101(c) of
division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized
under section 11101(c) of division A of Public Law 114-94,
the Secretary may retain up to an additional $5,000,000 of
the funds provided under this heading to fund expenses
associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code:
Provided further, That of the amounts made available under
this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading, not less
than $50,000,000 shall be made available to bring Amtrak-
served facilities and stations into compliance with the
Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $1,100,000,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $2,000,000 of the funds provided
under this heading to fund expenses associated with the
State-Supported Route Committee established under section
24712 of title 49, United States Code.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the previous proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations each
quarter within 30 days of such quarter of the calendar year
on waivers granted to employees and amounts paid above the
cap for each month within such quarter and delineate the
reasons each waiver was granted: Provided further, That the
President of Amtrak shall report to the House and Senate
Committees on Appropriations by March 1, 2018, a summary of
all overtime payments incurred by the Corporation for 2017
and the three prior calendar years: Provided further, That
such summary shall include the total number of employees that
received waivers and the total overtime payments the
Corporation paid to those employees receiving waivers for
each month for 2017 and for the three prior calendar years.
Sec. 151. None of the funds made available by this Act may
be used for high-speed rail in the State of California or for
the California High-Speed Rail Authority, nor may any be used
by the Federal Railroad Administration to administer a grant
agreement
[[Page H6982]]
with the California High-Speed Rail Authority that contains a
tapered matching requirement.
Sec. 152. None of the funds made available by this Act
shall be used by the Surface Transportation Board to take any
actions with respect to the construction of a high speed rail
project in California unless the permit is issued by the
Board with respect to the project in its entirety.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $110,794,692: Provided, That
none of the funds provided or limited in this Act may be used
to create a permanent office of transit security under this
heading: Provided further, That upon submission to the
Congress of the fiscal year 2019 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on New Starts, including proposed allocations
for fiscal year 2019.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by
the Fixing America's Surface Transportation Act, and section
20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,300,000,000,
to be derived from the Mass Transit Account of the Highway
Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation Act,
and section 20005(b) of Public Law 112-141, and section
3006(b) of the Fixing America's Surface Transportation Act,
shall not exceed total obligations of $9,733,353,407 in
fiscal year 2018.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314,
$5,000,000.
capital investment grants
For necessary expenses to carry out 49 U.S.C. 5309,
$1,752,989,851, to remain available until expended, of which
$1,007,929,851 shall be available for projects authorized
under section 5309(d) of title 49, United States Code,
$145,700,000 shall be available for projects authorized under
section 5309(e) of such title, $182,000,000 shall be
available for projects authorized under section 5309(h) of
the title, and $400,000,000 shall be available for projects
authorized under section 5309(q): Provided, That the
Secretary shall continue to administer the Capital Investment
Grant Program in accordance with the procedural and
substantive requirements of section 5309 of title 49.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to
approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making
progress to improve its safety management system in response
to the Federal Transit Administration's 2015 safety
management inspection: Provided further, That prior to
approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making
progress toward full implementation of the corrective actions
identified in the 2014 Financial Management Oversight Review
Report: Provided further, That the Secretary shall determine
that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will
improve the safety of the system before approving such
grants: Provided further, That the Secretary, in order to
ensure safety throughout the rail system, may waive the
requirements of section 601(e)(1) of division B of Public Law
110-432 (112 Stat. 4968).
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Fixed Guideway Capital Investment'' of the Federal Transit
Administration for projects specified in this Act or
identified in reports accompanying this Act not obligated by
September 30, 2022, and other recoveries, shall be directed
to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2017, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. (a) Except as provided in subsection (b), none of
the funds in this or any other Act may be available to
advance in any way a new light or heavy rail project towards
a full funding grant agreement as defined by 49 U.S.C. 5309
for the Metropolitan Transit Authority of Harris County,
Texas if the proposed capital project is constructed on or
planned to be constructed on Richmond Avenue west of South
Shepherd Drive or on Post Oak Boulevard north of Richmond
Avenue in Houston, Texas.
(b) The Metropolitan Transit Authority of Harris County,
Texas, may attempt to construct or construct a new fixed
guideway capital project, including light rail, in the
locations referred to in subsection (a) if--
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on
Richmond Avenue west of South Shepherd Drive or on Post Oak
Boulevard north of Richmond Avenue in Houston, Texas; and
(2) the proposed construction of such routes is part of a
comprehensive, multi-modal, service-area wide transportation
plan that includes multiple additional segments of fixed
guideway capital projects, including light rail for the
jurisdiction set forth in the ballot proposition. The ballot
language shall include reasonable cost estimates, sources of
revenue to be used and the total amount of bonded
indebtedness to be incurred as well as a description of each
route and the beginning and end point of each proposed
transit project.
Sec. 164. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be used to
enter into a full funding grant agreement for a project with
a New Starts share greater than 50 percent.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital asset renewal activities of those
portions of the St. Lawrence Seaway owned, operated, and
maintained by the Saint Lawrence Seaway Development
Corporation, $31,346,012, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662. Of
that amount, $12,500,000 to be used on asset renewal
activities shall be made available through September 30,
2019.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $300,000,000, to remain available until
expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $175,620,000, of which
$22,000,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $6,000,000 shall remain available
until expended for National Security Multi-Mission Vessel
Program for State Maritime Academies and National Security,
and of which $2,400,000 shall remain available through
September 30, 2019, for the Student Incentive Program at
State Maritime Academies, and of which $1,800,000 shall
remain available until expended for training ship fuel
assistance payments, and of which $18,000,000 shall remain
available until expended for facilities maintenance and
repair, equipment, and capital improvements at the United
States Merchant Marine Academy, and of which $3,000,000 shall
remain available through September 30, 2019, for Maritime
Environment and Technology Assistance program authorized
under section 50307 of title 46, United States Code:
Provided, That not later than February 1, 2018, the
Administrator of the Maritime Administration shall transmit
to the House and Senate Committees on Appropriations the
annual report on sexual assault and sexual harassment at the
United States Merchant Marine Academy as required pursuant to
section 3507 of Public Law 110-417.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by
Public Law 113-281, $3,000,000 to remain available until
expended: Provided, That the Secretary shall issue the
Notice of Funding Availability no later than 15 days after
enactment of this Act: Provided further, That from
applications submitted under the previous proviso, the
Secretary of Transportation shall make grants no later than
120 days after enactment of this Act in such amounts as the
[[Page H6983]]
Secretary determines: Provided further, That not to exceed 2
percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $9,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed
loan program, $3,000,000, which shall be transferred to and
merged for use by the Office of the Secretary's National
Surface Transportation and Innovative Finance Bureau to
administer the Title XI program in addition to those programs
listed in 49 U.S.C. 116(d)(1) .
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be covered into the Treasury as miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in
this Act shall be used by the United States Department of
Transportation or the United States Maritime Administration
to negotiate or otherwise execute, enter into, facilitate or
perform fee-for-service contracts for vessel disposal,
scrapping or recycling, unless there is no qualified domestic
ship recycler that will pay any sum of money to purchase and
scrap or recycle a vessel owned, operated or managed by the
Maritime Administration or that is part of the National
Defense Reserve Fleet: Provided, That such sales offers must
be consistent with the solicitation and provide that the work
will be performed in a timely manner at a facility qualified
within the meaning of section 3502 of Public Law 106-398:
Provided further, That nothing contained herein shall affect
the Maritime Administration's authority to award contracts at
least cost to the Federal Government and consistent with the
requirements of 54 U.S.C. 308704, section 3502, or otherwise
authorized under the Federal Acquisition Regulation.
penalty wages
Sec. 172.
(a) Foreign and Intercoastal Voyages.--Section 10313(g) of
title 46, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``all claims in a class action suit by
seamen'' and inserting ``each claim by a seaman''; and
(B) by striking ``the seamen'' and inserting ``the
seaman''; and
(2) in paragraph (3)--
(A) by striking ``class action''; and
(B) in subparagraph (B), by striking ``, by a seaman who is
a claimant in the suit,'' and inserting ``by the seaman''.
(b) Coastwise Voyages.--Section 10504(c) of such title is
amended--
(1) in paragraph (2)--
(A) by striking ``all claims in a class action suit by
seamen'' and inserting ``each claim by a seaman''; and
(B) by striking ``the seamen'' and inserting ``the
seaman''; and
(2) in paragraph (3)--
(A) by striking ``class action''; and
(B) in subparagraph (B), by striking ``, by a seaman who is
a claimant in the suit'' and inserting ``by the seaman''.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $20,500,000.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $57,000,000, of which $7,570,000 shall
remain available until September 30, 2020: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $162,000,000, of which $23,000,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2020; and of which
$131,000,000 shall be derived from the Pipeline Safety Fund,
of which $64,736,000 shall remain available until September
30, 2020; and of which $8,000,000 shall be derived from fees
collected under 49 U.S.C. 60302 and deposited in the
Underground Natural Gas Storage Facility Safety Account and
shall remain available for carrying out 49 U.S.C. 60141, of
which $6,000,000 shall remain available until September 30,
2020.
emergency preparedness grants
(emergency preparedness fund)
Notwithstanding the fiscal year limitation specified in 49
U.S.C. 5116, not more than $28,318,000 shall be made
available for obligation in fiscal year 2018 from amounts
made available by 49 U.S.C. 5116(h), and 5128(b) and (c):
Provided, That notwithstanding 49 U.S.C. 5116(h)(4), not more
than 4 percent of the amounts made available from this
account shall be available to pay administrative costs:
Provided further, That none of the funds made available by 49
U.S.C. 5116(h), 5128(b), or 5128(c) shall be made available
for obligation by individuals other than the Secretary of
Transportation, or his or her designee: Provided further,
That notwithstanding 49 U.S.C. 5128(b) and (c) and the
current year obligation limitation, prior year recoveries
recognized in the current year shall be available to develop
a hazardous materials response training curriculum for
emergency responders, including response activities for the
transportation of crude oil, ethanol and other flammable
liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out 49 U.S.C. 5116(a)(1)(C) and
5116(i).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General
Act of 1978, as amended, $92,152,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department of Transportation: Provided
further, That the funds made available under this heading may
be used to investigate, pursuant to section 41712 of title
49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air
carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of
this proviso.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by
the Department prior to the enactment of this Act shall be
deemed authorized.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 183. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to 49 U.S.C. 20105.
Sec. 184. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant totaling
$500,000 or more unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations
not less than 3 full business days before
[[Page H6984]]
any project competitively selected to receive any
discretionary grant award, letter of intent, loan commitment,
loan guarantee commitment, line of credit commitment, or full
funding grant agreement is announced by the Department or its
modal administrations: Provided, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
(b) In addition to the notification required in subsection
(a), none of the funds made available in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the
Secretary of Transportation provides the House and Senate
Committees on Appropriations a comprehensive list of all such
loans, loan guarantees, lines of credit, or discretionary
grants that will be announced not less the 3 full business
days before such announcement: Provided, That the
requirement to provide a list in this subsection does not
apply to any ``quick release'' of funds from the emergency
relief program: Provided further, That no list shall involve
funds that are not available for obligation.
Sec. 185. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 186. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with
the improper payment or payments is not readily available,
the Secretary may credit an appropriate account, which shall
be available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify the House and Senate Committees on Appropriations of
the amount and reasons for such transfer: Provided further,
That for purposes of this section, the term ``improper
payments'' has the same meaning as that provided in section
2(d)(2) of Public Law 107-300.
Sec. 187. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of said reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date
on which the reprogramming action has been approved or denied
by the House and Senate Committees on Appropriations.
Sec. 188. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
Sec. 189. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 U.S.C. or title 23 U.S.C. utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2018''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $14,708,000: Provided,
That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary for official
reception and representation expenses as the Secretary may
determine.
administrative support offices
(including transfer of funds)
For necessary salaries and expenses for Administrative
Support Offices, $518,303,000, of which $10,762,000 shall be
available for, including the establishment of, the Office of
the Chief Operations Officer; $50,340,000 shall be available
for the Office of the Chief Financial Officer; $92,006,000
shall be available for the Office of the General Counsel;
$205,873,000 shall be available for the Office of
Administration; $38,245,000 shall be available for the Office
of the Chief Human Capital Officer; $49,588,000 shall be
available for the Office of Field Policy and Management;
$19,065,000 shall be available for the Office of the Chief
Procurement Officer; $3,570,000 shall be available for the
Office of Departmental Equal Employment Opportunity;
$4,975,000 shall be available for the Office of Strategic
Planning and Management; and $43,879,000 shall be available
for the Office of the Chief Information Officer: Provided,
That funds provided under this heading may be used for
necessary administrative and non-administrative expenses of
the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
directly support program activities funded in this title:
Provided further, That in addition to the transfer authority
under section 221 of this Act, of the amount appropriated for
the Office of the Chief Operations Officer under this
heading, the Secretary may transfer up to $10,000,000 to the
heading ``Information Technology Fund'': Provided further,
That the Secretary shall provide the House and Senate
Committees on Appropriations quarterly written notification
regarding the status of pending congressional reports:
Provided further, That the Secretary shall provide in
electronic form all signed reports required by Congress.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public
and Indian Housing, $216,633,000.
community planning and development
For necessary salaries and expenses of the Office of
Community Planning and Development, $107,554,000.
housing
For necessary salaries and expenses of the Office of
Housing, $392,000,000.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $24,065,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $69,808,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $7,600,000.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred to the Fund under this heading
shall be available for Federal shared services used by
offices and agencies of the Department, and for such portion
of any office or agency's printing, records management,
[[Page H6985]]
space renovation, furniture, supply services, or other shared
services as the Secretary determines shall be derived from
centralized sources made available by the Department to all
offices and agencies and funded through the Fund: Provided,
That of the amounts made available in this title for salaries
and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Office Salaries
and Expenses'', and ``Government National Mortgage
Association'', the Secretary shall transfer to the Fund such
amounts, to remain available until expended, as are necessary
to fund services, specified in the matter preceding the first
proviso, for which the appropriation would otherwise have
been available, and may transfer not to exceed an additional
$5,000,000, in aggregate, from all such appropriations, to be
merged with the Fund and to remain available until expended
for use for any office or agency: Provided further, That
amounts in the Fund shall be the only amounts available to
each office or agency of the Department for the services, or
portion of services, specified in the matter preceding the
first proviso: Provided further, That with respect to the
Fund, the authorities and conditions under this heading shall
supplement the authorities and conditions provided under
section 7(f): Provided further, That up to $6,550,000 in the
Fund may be available for the management reporting initiative
to improve the effectiveness of enterprise data governance,
analysis, and reporting, including information technology
investments to make such improvements: Provided further, That
to carry out the previous proviso, the Secretary shall
transfer any amounts for related information technology
investments to the heading ``Information Technology Fund''.
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$16,486,725,000, to remain available until expended, shall be
available on October 1, 2017 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2017), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2018: Provided, That the amounts
made available under this heading are provided as follows:
(1) $18,709,725,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2018 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection, HOPE VI,
and Choice Neighborhoods vouchers: Provided further, That
none of the funds provided under this paragraph may be used
to fund a total number of unit months under lease which
exceeds a public housing agency's authorized level of units
under contract, except for public housing agencies
participating in the MTW demonstration, which are instead
governed by the terms and conditions of their MTW agreements:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos,
the entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated
to the public housing agencies based on the allocation and
pro rata method described above, and the Secretary shall
notify public housing agencies of their annual budget by the
later of 60 days after enactment of this Act or March 1,
2018: Provided further, That the Secretary may extend the
notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
MTW demonstration shall be funded pursuant to their MTW
agreements and in accordance with the requirements of the MTW
program and shall be subject to the same pro rata adjustments
under the previous provisos: Provided further, That the
Secretary may offset public housing agencies' calendar year
2018 allocations based on the excess amounts of public
housing agencies' net restricted assets accounts, including
HUD held programmatic reserves (in accordance with VMS data
in calendar year 2017 that is verifiable and complete), as
determined by the Secretary: Provided further, That public
housing agencies participating in the MTW demonstration shall
also be subject to the offset, as determined by the Secretary
from the agencies' calendar year 2018 MTW funding allocation:
Provided further, That the Secretary shall use any offset
referred to in the previous two provisos throughout the
calendar year to prevent the termination of rental assistance
for families as the result of insufficient funding, as
determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further,
That up to $100,000,000 shall be available only: (1) for
adjustments in the allocations for public housing agencies,
after application for an adjustment by a public housing
agency that experienced a significant increase, as determined
by the Secretary, in renewal costs of vouchers resulting from
unforeseen circumstances or from portability under section
8(r) of the Act; (2) for vouchers that were not in use during
the previous 12-month period in order to be available to meet
a commitment pursuant to section 8(o)(13) of the Act; (3) for
adjustments for costs associated with HUD-Veterans Affairs
Supportive Housing (HUD-VASH) vouchers; and (4) for public
housing agencies that despite taking reasonable cost savings
measures, as determined by the Secretary, would otherwise be
required to terminate rental assistance for families as a
result of insufficient funding: Provided further, That the
Secretary shall allocate amounts under the previous proviso
based on need, as determined by the Secretary;
(2) $60,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, HOPE VI and Choice
Neighborhood vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance or for project-based assistance to
prevent the displacement of unassisted elderly tenants
currently residing in section 202 properties financed between
1959 and 1974 that are refinanced pursuant to Public Law 106-
569, as amended, or under the authority as provided under
this Act: Provided, That when a public housing development
is submitted for demolition or disposition under section 18
of the Act, the Secretary may provide section 8 rental
assistance when the units pose an imminent health and safety
risk to residents: Provided further, That the Secretary may
only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be
available as assisted housing, subject only to the
availability of funds: Provided further, That of the amounts
made available under this paragraph, $5,000,000 may be
available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay rents
greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section
202 loan that requires the permission of the Secretary prior
to loan prepayment; (B) the expiration of a rental assistance
contract for which the tenants are not eligible for enhanced
voucher or tenant protection assistance under existing law;
or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered
by the Secretary: Provided further, That such tenant
protection assistance made available under the previous
proviso may be provided under the authority of section 8(t)
or section 8(o)(13) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)): Provided further, That any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary
by notice, when the initial family that received any such
voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary may
provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-
Based Rental Assistance'' heading under this title where the
owner has received a Notice of Default and the units pose an
imminent health and safety risk to residents: Provided
further, That to the extent that the Secretary determines
that such units are not feasible for continued rental
assistance payments or transfer of the subsidy contract
associated with such units to another project or projects and
owner or owners, any remaining amounts associated with such
units under such contract shall be recaptured and used to
reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $1,550,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $10,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
Veterans Affairs Supportive Housing vouchers, and other
special purpose incremental vouchers: Provided, That no less
than $1,540,000,000 of the amount
[[Page H6986]]
provided in this paragraph shall be allocated to public
housing agencies for the calendar year 2018 funding cycle
based on section 8(q) of the Act (and related Appropriation
Act provisions) as in effect immediately before the enactment
of the Quality Housing and Work Responsibility Act of 1998
(Public Law 105-276): Provided further, That if the amounts
made available under this paragraph are insufficient to pay
the amounts determined under the previous proviso, the
Secretary may decrease the amounts allocated to agencies by a
uniform percentage applicable to all agencies receiving
funding under this paragraph or may, to the extent necessary
to provide full payment of amounts determined under the
previous proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds appropriated
to the Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and in accordance
with the requirements of the MTW program and shall be subject
to the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities;
(4) $150,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be
funded under the same terms and be subject to the same pro
rata reduction as the percent decrease for administrative and
other expenses to public housing agencies under paragraph (3)
of this heading: Provided further, That any amounts provided
under this paragraph in this Act or prior Acts, remaining
available after funding renewals and administrative expenses
under this paragraph, shall be available for incremental
tenant-based assistance contracts under such section 811,
including necessary administrative expenses;
(5) the Secretary shall separately track all special
purpose vouchers funded under this heading, including the
renewal, from amounts provided under paragraph (1) under this
heading, of HUD-VASH vouchers, funded under this heading in
prior Acts to address veterans' homelessness, of no less than
$577,000,000;
(6) $7,000,000 shall be for renewal grants, including
rental assistance and associated administrative fees for
Tribal HUD-VA Supportive Housing to serve Native American
veterans that are homeless or at-risk of homelessness living
on or near a reservation or Indian areas: Provided, That
such amount shall be made available for renewal grants to the
recipients that received assistance under the rental
assistance and supportive housing demonstration program for
Native American veterans authorized under the heading
``Tenant-Based Rental Assistance'' in title II of division K
of the Consolidated and Further Continuing Appropriations
Act, 2015 (Public Law 113-235, 128 Stat. 2733): Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients under
the demonstration program: Provided further, That renewal
grants under this paragraph shall be administered by block
grant recipients in accordance with program requirements
under the Native American Housing Assistance and Self-
Determination Act of 1996: Provided further, That assistance
under this paragraph shall be modeled after, with necessary
and appropriate adjustments for Native American grant
recipients and veterans, the rental assistance and supportive
housing program known as HUD-VASH program, including
administration in conjunction with the Department of Veterans
Affairs and overall implementation of section 8(o)(19) of the
United States Housing Act of 1937: Provided further, That
the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waiver or
alternative requirements are necessary for the effective
delivery and administration of such assistance: Provided
further, That grant recipients shall report to the Secretary
on utilization of such rental assistance and other program
data, as prescribed by the Secretary and;
(7) $10,000,000 shall be available to support modernization
of public housing agency (PHA) information technology systems
with respect to administration of program data and funding
provided under this heading, including related expenses;
Provided, That the Secretary may transfer up to $10,000,000
of the amounts provided under this paragraph to the ``Public
Housing Capital Fund'' heading under this title to support
modernization of PHA information technology systems with
respect to administration of program data and funding under
such heading, including related expenses.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2018 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be rescinded:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from section 8
project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$1,850,000,000, to remain available until September 30, 2021:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2018, the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That up to $8,300,000 shall
be to support ongoing public housing financial and physical
assessment activities: Provided further, That up to
$1,000,000 shall be to support the costs of administrative
and judicial receiverships: Provided further, That of the
total amount provided under this heading, not to exceed
$20,000,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this Act, to public
housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-
related activity as well as needs resulting from unforeseen
or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2018:
Provided further, That of the amount made available under the
previous proviso, not less than $5,000,000 shall be for
safety and security measures: Provided further, That of the
total amount provided under this heading $35,000,000 shall be
for supportive services, service coordinator and congregate
services as authorized by section 34 of the Act (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount made available under this
heading, up to $15,000,000 shall be for a Jobs-Plus
initiative modeled after the Jobs-Plus demonstration:
Provided further, That funding provided under the previous
proviso shall be available for competitive grants to
partnerships between public housing authorities, local
workforce investment boards established under section 117 of
the Workforce Investment Act of 1998, and other agencies and
organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 as necessary to implement the Jobs-Plus
program, on such terms and conditions as the Secretary may
approve upon a finding by the Secretary that any such waivers
or alternative requirements are necessary for the effective
implementation of the Jobs-Plus initiative as a voluntary
program for residents: Provided further, That the Secretary
shall publish by notice in the Federal Register any waivers
or alternative requirements pursuant to the preceding proviso
no later than 10 days before the effective date of such
notice: Provided further, That for funds provided under this
heading, the limitation in section 9(g)(1) of the Act shall
be 25 percent: Provided further, That the Secretary may
waive the limitation in the previous proviso to allow public
housing agencies to fund activities authorized under section
9(e)(1)(C) of the Act: Provided further, That the Secretary
shall notify public housing agencies requesting waivers under
the previous proviso if the request is approved or denied
within 14 days of submitting the request: Provided further,
That from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2018 to
public housing agencies that are designated high
[[Page H6987]]
performers: Provided further, That the Department shall
notify public housing agencies of their formula allocation
within 60 days of enactment of this Act.
public housing operating fund
For 2018 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,400,000,000, to remain available until
September 30, 2019.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, schools, public
assets, transportation and access to jobs, $20,000,000, to
remain available until September 30, 2020: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That the
use of funds made available under this heading shall not be
deemed to be public housing notwithstanding section 3(b)(1)
of such Act: Provided further, That grantees shall commit to
an additional period of affordability determined by the
Secretary of not fewer than 20 years: Provided further, That
grantees shall provide a match in State, local, other Federal
or private funds: Provided further, That grantees may
include local governments, tribal entities, public housing
authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity:
Provided further, That for purposes of environmental review,
a grantee shall be treated as a public housing agency under
section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject
to the regulations issued by the Secretary to implement such
section: Provided further, That of the amount provided, not
less than $10,000,000 shall be awarded to public housing
agencies: Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
no more than $1,000,000 of funds made available under this
heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community:
Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the
heading ``Revitalization of Severely Distressed Public
Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal
years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated.
family self-sufficiency
For the Family Self-Sufficiency program to support family
self-sufficiency coordinators under section 23 of the United
States Housing Act of 1937, to promote the development of
local strategies to coordinate the use of assistance under
sections 8(o) and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency, $75,000,000, to remain
available until September 30, 2019: Provided, That the
Secretary may, by Federal Register notice, waive or specify
alternative requirements under sections b(3), b(4), b(5), or
c(1) of section 23 of such Act in order to facilitate the
operation of a unified self-sufficiency program for
individuals receiving assistance under different provisions
of the Act, as determined by the Secretary: Provided
further, That owners of a privately owned multifamily
property with a section 8 contract may voluntarily make a
Family Self-Sufficiency program available to the assisted
tenants of such property in accordance with procedures
established by the Secretary: Provided further, That such
procedures established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to
use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency program.
native american housing block grants
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $654,000,000, to remain available until
September 30, 2022: Provided, That, notwithstanding NAHASDA,
to determine the amount of the allocation under title I of
such Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That of
the amounts made available under this heading, $3,500,000
shall be contracted for assistance for national or regional
organizations representing Native American housing interests
for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities
as authorized under NAHASDA: Provided further, That of the
funds made available under the previous proviso, not less
than $2,000,000 shall be made available for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, That of the amounts made
available under this heading, $3,500,000 shall be to support
the inspection of Indian housing units, contract expertise,
training, and technical assistance related to funding
provided under this heading and other headings under this Act
for the needs of Native American families and Indian country:
Provided further, That of the amount provided under this
heading, $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided further, That such costs,
including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$17,391,304: Provided further, That the Department will
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act: Provided further, That
notwithstanding section 302(d) of NAHASDA, if on the date of
enactment of this Act, a recipient's total amount of
undisbursed block grant funds in the Department's line of
credit control system is greater than the sum of its prior 3
years' initial formula allocation calculations, the Secretary
shall adjust that recipient's formula allocation that it
would otherwise receive down by the difference between its
total amount of undisbursed block grant funds in the
Department's line of credit control system on the date of
enactment of this Act, and the sum of its prior 3 years'
initial formula allocation calculations: Provided further,
That grant amounts not allocated to a recipient pursuant to
the previous proviso shall be allocated under the need
component of the formula proportionately among all other
Indian tribes not subject to an adjustment under such
proviso: Provided further, That the second proviso shall not
apply to any Indian tribe that would otherwise receive a
formula allocation of less than $5,000,000: Provided
further, That to take effect, the three previous provisos do
not require issuance or amendment of any regulation, shall
not be subject to a formula challenge by an Indian tribe, and
shall not be construed to confer hearing rights under any
section of NAHASDA or its implementing regulations.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $5,500,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, up to $1,486,486,486,
to remain available until expended: Provided further, That
up to $750,000 of this amount may be for administrative
contract expenses including management processes and systems
to carry out the loan guarantee program: Provided further,
That an additional $1,727,000 shall be available until
expended for such costs of guaranteed loans authorized under
such section 184 issued to tribes and Indian housing
authorities for the construction of rental housing for law
enforcement, healthcare, educational, technical and other
skilled workers: Provided further, That the funds specified
in the previous proviso are available to subsidize total loan
principal, any part of which is to be guaranteed, up to
$466,756,757 to remain available until expended: Provided
further, That the Secretary may specify any additional
program requirements with respect to the previous two
provisos through publication of a Mortgagee Letter or Notice.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $356,000,000, to remain
available until September 30, 2019, except that amounts
allocated pursuant to section 854(c)(5) of such Act shall
remain available until September 30, 2020: Provided, That
the Secretary shall renew all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
[[Page H6988]]
community development fund
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $2,960,000,000, to remain
available until September 30, 2020, unless otherwise
specified: Provided, That of the total amount provided,
$2,900,000,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (``the Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading, not to
exceed 20 percent of any grant made with funds appropriated
under this heading shall be expended for planning and
management development and administration: Provided further,
That a metropolitan city, urban county, unit of general local
government, or Indian tribe, or insular area that directly or
indirectly receives funds under this heading may not sell,
trade, or otherwise transfer all or any portion of such funds
to another such entity in exchange for any other funds,
credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of
the Act, no funds provided under this heading may be provided
to a for-profit entity for an economic development project
under section 105(a)(17) unless such project has been
evaluated and selected in accordance with guidelines required
under subparagraph (e)(2): Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That of the total amount provided under this heading
$60,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section
203 of this Act), up to $4,000,000 may be used for
emergencies that constitute imminent threats to health and
safety.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2018, commitments to guarantee loans
under section 108 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5308), any part of which is
guaranteed, shall not exceed a total principal amount of
$300,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in subsection (k) of such
section 108: Provided, That the Secretary shall collect fees
from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for
guaranteeing such loans, and any such fees shall be collected
in accordance with section 502(7) of the Congressional Budget
Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $850,000,000, to remain available
until September 30, 2021: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act shall not apply to allocations of such amount:
Provided further, That the requirements under provisos 2
through 6 under this heading for fiscal year 2012 and such
requirements applicable pursuant to the ``Full-Year
Continuing Appropriations Act, 2013'', shall not apply to any
project to which funds were committed on or after August 23,
2013, but such projects shall instead be governed by the
Final Rule titled ``Home Investment Partnerships Program;
Improving Performance and Accountability; Updating Property
Standards'' which became effective on such date: Provided
further, That the Department shall notify grantees of their
formula allocation within 60 days of enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$45,000,000, to remain available until September 30, 2020:
Provided, That of the total amount provided under this
heading, $10,000,000 shall be made available to the Self-Help
and Assisted Homeownership Opportunity Program as authorized
under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended: Provided further, That of the total
amount provided under this heading, $30,000,000 shall be made
available for the second, third, and fourth capacity building
activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 shall be made available for rural
capacity building activities: Provided further, That of the
total amount provided under this heading, $5,000,000 shall be
made available for capacity building by national rural
housing organizations with experience assessing national
rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits,
local governments and Indian Tribes serving high need rural
communities.
homeless assistance grants
For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the Continuum of Care program as
authorized under subtitle C of title IV of such Act; and the
Rural Housing Stability Assistance program as authorized
under subtitle D of title IV of such Act, $2,383,000,000, to
remain available until September 30, 2020: Provided, That
any rental assistance amounts that are recaptured under such
Continuum of Care program shall remain available until
expended: Provided further, That not less than $270,000,000
of the funds appropriated under this heading shall be
available for such Emergency Solutions Grants program:
Provided further, That not less than $2,106,000,000 of the
funds appropriated under this heading shall be available for
such Continuum of Care and Rural Housing Stability Assistance
programs: Provided further, That up to $7,000,000 of the
funds appropriated under this heading shall be available for
the national homeless data analysis project: Provided
further, That all funds awarded for supportive services under
the Continuum of Care program and the Rural Housing Stability
Assistance program shall be matched by not less than 25
percent in cash or in kind by each grantee: Provided
further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and
prior years, a grantee may use (or could have used) as a
source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such
funds: Provided further, That the Secretary shall collect
system performance measures for each continuum of care, and
that relative to fiscal year 2015, under the Continuum of
Care competition with respect to funds made available under
this heading, the Secretary shall base an increasing share of
the score on performance criteria: Provided further, That
none of the funds provided under this heading shall be
available to provide funding for new projects, except for
projects created through reallocation, unless the Secretary
determines that the continuum of care has demonstrated that
projects are evaluated and ranked based on the degree to
which they improve the continuum of care's system
performance: Provided further, That the Secretary shall
prioritize funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That all awards of
assistance under this heading shall be required to coordinate
and integrate homeless programs with other mainstream health,
social services, and employment programs for which homeless
populations may be eligible: Provided further, That any
unobligated amounts remaining from funds appropriated under
this heading in fiscal year 2012 and prior years for project-
based rental assistance for rehabilitation projects with 10-
year grant terms may be used for purposes under this heading,
notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter
Plus Care Renewal account and transferred to this account
shall be available, if recaptured, for Continuum of Care
renewals in fiscal year 2018: Provided further, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further,
That youth aged 24 and under seeking assistance under this
heading shall not be required to provide third party
documentation to establish their eligibility under 42 U.S.C.
11302(a) or (b) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by
youth aged 24 and under who are living in unsafe situations
may be served by youth-serving providers funded under this
heading.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $10,682,000,000, to remain available until
expended, shall be available on October 1, 2017 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2017), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2018: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph: Provided further,
That amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts,
notwithstanding the purposes for which such
[[Page H6989]]
amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request
of the Secretary of Housing and Urban Development, project
funds that are held in residual receipts accounts for any
project subject to a section 8 project-based Housing
Assistance Payments contract that authorizes HUD or a Housing
Finance Agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account
and that are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited
in this account, to be available until expended: Provided
further, That amounts deposited pursuant to the previous
proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under
this heading.
housing for the elderly
For amendments to capital advance contracts, for housing
for the elderly, as authorized by section 202 of the Housing
Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, and for senior preservation rental assistance
contracts, including renewals, as authorized by section
811(e) of the American Housing and Economic Opportunity Act
of 2000, as amended, and for supportive services associated
with the housing, $573,000,000 to remain available until
September 30, 2021: Provided, That of the amount provided
under this heading, up to $90,000,000 shall be for service
coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects:
Provided further, That amounts under this heading shall be
available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 202
projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in
duration: Provided further, That upon request of the
Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project
subject to a section 202 project rental assistance contract,
and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to
be available until September 30, 2021: Provided further,
That amounts deposited in this account pursuant to the
previous proviso shall be available, in addition to the
amounts otherwise provided by this heading, for amendments
and renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
available for amendments and renewals notwithstanding the
purposes for which such funds originally were appropriated.
housing for persons with disabilities
For amendments to capital advance contracts for supportive
housing for persons with disabilities, as authorized by
section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended, and for project
rental assistance for supportive housing for persons with
disabilities under section 811(d)(2) of such Act and for
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667),
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, for project rental assistance to State housing
finance agencies and other appropriate entities as authorized
under section 811(b)(3) of the Cranston-Gonzalez National
Housing Act, and for supportive services associated with the
housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, $147,000,000, to remain
available until September 30, 2021: Provided, That amounts
made available under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 811 projects: Provided
further, That, in this fiscal year, upon the request of the
Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project
subject to a section 811 project rental assistance contract
and that upon termination of such contract are in excess of
an amount to be determined by the Secretary shall be remitted
to the Department and deposited in this account, to be
available until September 30, 2021: Provided further, That
amounts deposited in this account pursuant to the previous
proviso shall be available in addition to the amounts
otherwise provided by this heading for amendments and
renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
used for amendments and renewals notwithstanding the purposes
for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $50,000,000, to
remain available until September 30, 2019, including up to
$4,500,000 for administrative contract services: Provided,
That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners,
both current and prospective, with respect to property
maintenance, financial management/literacy, and such other
matters as may be appropriate to assist them in improving
their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor
training: Provided further, That for purposes of providing
such grants from amounts provided under this heading, the
Secretary may enter into multiyear agreements as appropriate,
subject to the availability of annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, noninsured rental housing projects,
$14,000,000, to remain available until expended: Provided,
That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after
fiscal year 2005, shall also be available for extensions of
up to one year for expiring contracts under such sections of
law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $11,000,000, to remain
available until expended, of which $11,000,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2018 so as to result in a
final fiscal year 2018 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620
shall be modified as necessary to ensure such a final fiscal
year 2018 appropriation: Provided further, That for the
dispute resolution and installation programs, the Secretary
of Housing and Urban Development may assess and collect fees
from any program participant: Provided further, That such
collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as
well as fees collected under section 620, for necessary
expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2019: Provided, That during fiscal year 2018, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$5,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $135,000,000, to remain
available until September 30, 2019: Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2018, an additional
$1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000: Provided further, That
during fiscal year 2018 the Secretary may insure and enter
into new commitments to insure mortgages under section 255 of
the National Housing Act only to the extent that the net
credit subsidy cost for such insurance does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $30,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2019: Provided, That
during fiscal year 2018, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $5,000,000, which shall be for
[[Page H6990]]
loans to nonprofit and governmental entities in connection
with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until September 30,
2019: Provided, That $25,400,000 shall be available for
necessary salaries and expenses of the Office of Government
National Mortgage Association: Provided further, That to the
extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2018, an additional
$100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $3,000,000: Provided further, That
receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as
amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for
technical assistance, $85,000,000, to remain available until
September 30, 2019: Provided, That with respect to amounts
made available under this heading, notwithstanding section
203 of this title, the Secretary may enter into cooperative
agreements funded with philanthropic entities, other Federal
agencies, or State or local governments and their agencies
for research projects: Provided further, That with respect
to the previous proviso, such partners to the cooperative
agreements must contribute at least a 50 percent match toward
the cost of the project: Provided further, That for non-
competitive agreements entered into in accordance with the
previous two provisos, the Secretary of Housing and Urban
Development shall comply with section 2(b) of the Federal
Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with
section 102(a)(4)(C) with respect to documentation of award
decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a
plan, for approval, to the House and Senate Committees on
Appropriations on how it will allocate funding for this
activity.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $65,300,000, to remain
available until September 30, 2019: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training:
Provided further, That no funds made available under this
heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a
specific contract, grant, or loan: Provided further, That of
the funds made available under this heading, $300,000 shall
be available to the Secretary of Housing and Urban
Development for the creation and promotion of translated
materials and other programs that support the assistance of
persons with limited English proficiency in utilizing the
services provided by the Department of Housing and Urban
Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $130,000,000, to remain available
until September 30, 2019, of which $25,000,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970, that
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of the law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made
available under this heading, $50,000,000 shall be made
available on a competitive basis for areas with the highest
lead-based paint abatement needs: Provided further, That
each recipient of funds provided under the previous proviso
shall contribute an amount not less than 25 percent of the
total: Provided further, That each applicant shall certify
adequate capacity that is acceptable to the Secretary to
carry out the proposed use of funds pursuant to a notice of
funding availability: Provided further, That amounts made
available under this heading in this or prior appropriations
Acts, and that still remain available, may be used for any
purpose under this heading notwithstanding the purpose for
which such amounts were appropriated if a program competition
is undersubscribed and there are other program competitions
under this heading that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and
infrastructure for Department-wide and program-specific
information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific
information systems, and for program-related maintenance
activities, $150,000,000 shall remain available until
September 30, 2019: Provided, That any amounts transferred
to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to
this Fund from amounts appropriated by previously enacted
appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information
technology purposes for which such amounts were appropriated.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $128,082,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2018 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2018
for such corporation or agency except as hereinafter
provided: Provided,
[[Page H6991]]
That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to
the extent expressly provided for in this Act (unless such
loans are in support of other forms of assistance provided
for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage
purchases are necessary to protect the financial interest of
the United States Government.
Sec. 207. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 208. The President's formal budget request for fiscal
year 2019, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 209. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 210. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2018 and 2019, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount of
any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 212. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 213. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until September 30, 2018, insure and enter
into commitments to insure mortgages under such section 255.
Sec. 214. Notwithstanding any other provision of law, in
fiscal year 2018, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
[[Page H6992]]
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall
be subject to the requirements under section 524 of MAHRAA.
Sec. 215. The commitment authority funded by fees as
provided under the heading ``Community Development Loan
Guarantees Program Account'' may be used to guarantee, or
make commitments to guarantee, notes, or other obligations
issued by any State on behalf of non-entitlement communities
in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974:
Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
Sec. 216. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 217. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under
section 9(d) for activities that are eligible under section
9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or
9(g)(2).
Sec. 218. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD sub-office under the
accounts ``Executive Offices'' and ``Administrative Support
Offices,'' as well as each account receiving appropriations
for ``Program Office Salaries and Expenses'', ``Government
National Mortgage Association--Guarantees of Mortgage-Backed
Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and
Urban Development.
Sec. 219. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2018, notify the
public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by
the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year
2018, the Secretary may make the NOFA available only on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary.
Sec. 220. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations. The annual budget submission for the program
offices and the Office of General Counsel shall include any
such projected litigation costs for attorney fees as a
separate line item request. No funds provided in this title
may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on
Appropriations.
Sec. 221. The Secretary is authorized to transfer up to 10
percent or $4,000,000, whichever is less, of funds
appropriated for any office under the heading
``Administrative Support Offices'' or for any account under
the general heading ``Program Office Salaries and Expenses''
to any other such office or account: Provided, That no
appropriation for any such office or account shall be
increased or decreased by more than 10 percent or $4,000,000,
whichever is less, without prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to
such Committees three business days in advance of any such
transfers under this section up to 10 percent or $4,000,000,
whichever is less.
Sec. 222. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary of Housing and
Urban Development (in this section referred to as the
``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or
regulations relating to the physical condition of any
property covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a section 8 contract
or contract for similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies
identified by the inspector at the project have been
corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but do not apply to such units assisted under section
8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC
inspection, the Secretary must provide the owner with a
Notice of Default with a specified timetable, determined by
the Secretary, for correcting all deficiencies. The Secretary
must also provide a copy of the Notice of Default to the
tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a
UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect, subject
to the exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent
the Secretary determines, in consultation with the tenants
and the local government, that the property is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report quarterly on all properties
covered by this section that are assessed through the Real
Estate Assessment Center and have UPCS physical inspection
scores of less than 60 or have received an unsatisfactory
management and occupancy review within the past 36 months.
The report shall include--
[[Page H6993]]
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
Sec. 223. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2018.
Sec. 224. None of the funds in this Act may be available
for the doctoral dissertation research grant program at the
Department of Housing and Urban Development.
Sec. 225. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2018.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2018.''.
Sec. 226. None of the funds in this Act provided to the
Department of Housing and Urban Development may be used to
make a grant award unless the Secretary notifies the House
and Senate Committees on Appropriations not less than 3 full
business days before any project, State, locality, housing
authority, tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the
Department or its offices.
Sec. 227. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment
(PNA).
Sec. 228. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Administration, or the
Department of Housing and Urban Development to insure,
securitize, or establish a Federal guarantee of any mortgage
or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any
other political subdivision of a State.
Sec. 229. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 230. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable
basis, or transferred to the Office of Policy Development and
Research in the Department of Housing and Urban Development
and functions thereof, for research, evaluation, or
statistical purposes, and which are unexpended at the time of
completion of a contract, grant, or cooperative agreement,
may be deobligated and shall immediately become available and
may be reobligated in that fiscal year or the subsequent
fiscal year for the research, evaluation, or statistical
purposes for which the amounts are made available to that
Office subject to reprogramming requirements in section 405
of this Act.
Sec. 231. Employees of the Department of Housing and Urban
Development who are subject to administrative discipline in
fiscal year 2018, including suspension from work, shall not
receive awards (including performance, special act, or spot)
for the remainder of fiscal year 2018 after the effective
date of the disciplinary action.
Sec. 232. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2016,
2017, and 2018 for the continuum of care (CoC) program as
authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act, costs paid by program income of
grant recipients may count toward meeting the recipient's
matching requirements, provided the costs are eligible CoC
costs that supplement the recipients CoC program.
Sec. 233. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of
funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to
transition from one Continuum of Care program component to
another.
(b) No more than 50 percent of each transition grant may be
used for costs of eligible activities of the program
component originally funded.
(c) Transition grants made under this section are eligible
for renewal in subsequent fiscal years for the eligible
activities of the new program component.
(d) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the Continuum
of Care and meet standards determined by the Secretary.
Sec. 234. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development to
direct a grantee to undertake specific changes to existing
zoning laws as part of carrying out the final rule entitled
``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272
(July 16, 2015)) or the notice entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Sec. 235. Section 579 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note)
is amended by striking ``October 1, 2017'' each place it
appears and inserting in lieu thereof ``October 1, 2022''.
Sec. 236. None of the funds made available under this Act
for new guarantees of mortgages insured under the Mutual
Mortgage Insurance Fund may be used to guarantee or insure
any mortgage on a property that is subject to a loan or other
obligation, including those billed as taxes or assessments,
for the purpose of financing any improvements under a
Property Assessed Clean Energy or substantially similar
program, if any portion of such loan or obligation is or has
the potential to be in a lien position superior to the
mortgage to be insured or guaranteed under the Mutual
Mortgage Insurance Fund.
Sec. 237. The matter under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban
Development Appropriations Act, 2012 (42 U.S.C. 1437f note),
as amended, is amended--
(1) in the 14th proviso--
(A) by inserting ``or nonprofit'' before ``entity, then a
capable entity,''; and
(B) by striking ``preserves its interest'' and inserting
``or a nonprofit entity preserves an interest'';
(2) by striking the 18th proviso and inserting the
following: ``Provided further, That for fiscal year 2012 and
hereafter, owners of properties assisted or previously
assisted under section 101 of the Housing and Urban
Development Act of 1965, section 236(f)(2) of the National
Housing Act, or section 8(e)(2) of the United States Housing
Act of 1937, for which a contract expires or terminates due
to prepayment on or after October 1, 2006, has caused or
results in the termination of rental assistance or
affordability restrictions or both and the issuance of tenant
protection vouchers under section 8(o) or section 8(t) of the
Act, or with a project rental assistance contract under
section 202(c)(2) of Housing Act of 1959, shall be eligible,
subject to requirements established by the Secretary,
including but not limited to tenant consultation procedures,
for conversion of assistance available or provided for such
vouchers or assistance contracts, to assistance under a long-
term project-based subsidy contract under section 8 of the
Act, which shall have a term of no less than 20 years, which
shall have initial rents set at comparable market rents for
the market area, with subsequent rent adjustments only by an
operating cost factor established by the Secretary, and which
shall be eligible for renewal under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437f note), or, subject to agreement of the
administering public housing agency, to assistance under
section 8(o)(13) of the Act, to which the limitation under
subparagraph (B) of section 8(o)(13) of the Act shall not
apply and for which the Secretary may waive or alter the
provisions of subparagraphs (C) and (D) of section 8(o)(13)
of the Act (`Second Component' herein):'';
(3) by inserting before the 19th proviso the following:
``Provided further, That conversions of assistance under the
Second Component may not be the basis for re-screening or
termination of assistance or eviction of any tenant family in
a property participating in the demonstration:'';
(4) in the 20th proviso, as so reordered by the amendments
made by the preceding provisions of this section, by striking
``previous proviso'' and all that follows through the end of
the proviso and inserting ``Second Component, except for
conversion of section 202 project rental assistance
contracts, shall be available for project-based subsidy
contracts entered into pursuant to the Second Component:'';
(5) in the 21st proviso, as so reordered by the amendments
made by the preceding provisions of this section, by striking
``previous two provisos'' and inserting ``Second Component,
except for conversion of section 202 project rental
assistance contracts,'';
(6) in the 22nd proviso, as so reordered by the amendments
made by the preceding provisions of this section, by striking
``three previous provisos'' and inserting ``Second Component,
except for conversion of section 202 project rental
assistance contracts,'';
(7) by inserting before the last proviso the following:
``Provided further, That the Secretary may transfer amounts
made available under the heading `Housing for the Elderly' to
the accounts under the headings `Project-Based Rental
Assistance' or `Tenant-Based Rental Assistance' to facilitate
any section 202 project rental assistance contract
conversions under the Second Component, and any increase in
cost for `Project-Based Rental Assistance' or `Tenant-Based
Rental Assistance' associated with such conversion shall be
equal to amounts so transferred:''; and
(8) in the last proviso, by striking ``previous four
provisos'' and inserting ``Second Component, as applicable''.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2018''.
[[Page H6994]]
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$8,190,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$27,490,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $23,274,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the
President's budget request for fiscal year 2018, the
Inspector General shall submit to the House and Senate
Committees on Appropriations a budget request for fiscal year
2018 in similar format and substance to those submitted by
executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902),
$106,000,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital
lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $140,000,000, of which $5,000,000
shall be for a multi-family rental housing program.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2018, to result in a final appropriation from the
general fund estimated at no more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For closure of the United States Interagency Council on
Homelessness, $570,000, notwithstanding section 209 of title
II of the McKinney-Vento Homeless Assistance Act, as amended.
TITLE IV
GENERAL PROVISIONS--THIS ACT
(including rescissions)
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2018, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2018 from
appropriations made available for salaries and expenses for
fiscal year 2018 in this Act, shall remain available through
September 30, 2019, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated
[[Page H6995]]
for use by the general public or which have other common-
carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the
government, and projects for the removal of an immediate
threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields
Revitalization Act (Public Law 107-118) shall be considered a
public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 416. (a) All unobligated balances, including
recaptures and carryover, remaining from funds appropriated
in division K of Public Law 115-31 for ``Department of
Transportation-Office of the Secretary-Salaries and
Expenses'', ``Department of Transportation-Office of the
Secretary-Office of Civil Rights'', ``Department of
Transportation-Office of the Secretary-Small and
Disadvantaged Business Utilization and Outreach'',
``Department of Transportation-Federal Transit
Administration-Administrative Expenses'', ``Department of
Transportation-Pipeline and Hazardous Materials Safety
Administration-Operational Expenses'', ``Surface
Transportation Board-Salaries and Expenses'', ``Access Board-
Salaries and Expenses'', ``Federal Maritime Commission-
Salaries and Expenses'', ``National Railroad Passenger
Corporation-Office of Inspector General-Salaries and
Expenses'', ``National Transportation Safety Board-Salaries
and Expenses'', and ``United States Interagency Council on
Homelessness-Operating Expenses'' are rescinded.
(b) All unobligated balances, including recaptures and
carryover, remaining from funds appropriated in division K of
Public Law 115-31 for accounts under the headings
``Department of Housing and Urban Development-Management and
Administration'' and ``Department of Housing and Urban
Development-Program Office Salaries and Expenses'' are
rescinded.
Sec. 417. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
references to act
Sec. 418. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
reference to report
Sec. 419. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-237. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 420. $0.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2018''.
DIVISION I--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2018, for military functions
administered by the Department of Defense and for other
purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $41,427,054,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $28,707,918,000 (reduced by $2,000,000) (increased by
$2,000,000).
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$13,165,714,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $28,738,320,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$4,721,128,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for
[[Page H6996]]
personnel of the Navy Reserve on active duty under section
10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,987,662,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $762,793,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$1,808,434,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under sections 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $8,252,426,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under sections 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $3,406,137,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$38,483,846,000 (reduced by $5,000,000) (reduced by
$5,600,000) (reduced by $6,000,000): Provided, That not to
exceed $12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential
military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $45,980,133,000 (reduced by $598,000)
(reduced by $7,000,000): Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of the Navy, and payments may be made on his
certificate of necessity for confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $6,885,884,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $38,592,745,000: Provided, That not to exceed
$7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of the Air Force, and payments may be made on his
certificate of necessity for confidential military purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $33,771,769,000 (increased by
$5,000,000) (reduced by $10,000,000) (reduced by $100,000)
(increased by $100,000) (reduced by $194,897,000) (increased
by $194,897,000) (reduced by $26,200,000) (reduced by
$20,000,000) (reduced by $6,000,000) (reduced by $4,000,000)
(reduced by $20,000,000) (reduced by $1,000,000) (reduced by
$10,000,000) (reduced by $2,500,000) (reduced by $2,000,000)
(reduced by $8,000,000) (reduced by $6,250,000) (reduced by
$10,000,000) (reduced by $10,000,000) (reduced by
$30,000,000) (reduced by $34,734,000) (reduced by
$60,000,000): Provided, That not more than $15,000,000 may
be used for the Combatant Commander Initiative Fund
authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 can
be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of
Defense, and payments may be made on his certificate of
necessity for confidential military purposes: Provided
further, That of the funds provided under this heading, not
less than $38,458,000 shall be made available for the
Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided
further, That none of the funds appropriated or otherwise
made available by this Act may be used to plan or implement
the consolidation of a budget or appropriations liaison
office of the Office of the Secretary of Defense, the office
of the Secretary of a military department, or the service
headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further,
That $9,385,000, to remain available until expended, is
available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: Provided further, That of the funds
provided under this heading, $415,000,000, of which
$100,000,000 to remain available until September 30, 2019,
shall be available to provide support and assistance to
foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation
programs: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,870,163,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,038,507,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $282,337,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,233,745,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $7,275,820,000.
[[Page H6997]]
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $6,735,930,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $14,538,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $215,809,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $288,915,000 (increased by
$34,734,000) (increased by $30,000,000), to remain available
until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $308,749,000
(increased by $30,000,000), to remain available until
transferred: Provided, That the Secretary of the Air Force
shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Air Force, or for similar purposes,
transfer the funds made available by this appropriation to
other appropriations made available to the Department of the
Air Force, to be merged with and to be available for the same
purposes and for the same time period as the appropriations
to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $9,002,000 (increased by
$10,000,000), to remain available until transferred:
Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of
Defense, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made
available to the Department of Defense, to be merged with and
to be available for the same purposes and for the same time
period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $233,673,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$107,900,000, to remain available until September 30, 2018.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract
or by grants, under programs and activities of the Department
of Defense Cooperative Threat Reduction Program authorized
under the Department of Defense Cooperative Threat Reduction
Act, $324,600,000, to remain available until September 30,
2019.
Operation and Maintenance, National Defense Restoration Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act,
there is appropriated $5,000,000,000, for the ``Operation and
Maintenance, National Defense Restoration Fund'': Provided,
That such funds provided under this heading shall only be
available for programs, projects and activities necessary to
implement the 2018 National Defense Strategy: Provided
further, That such funds shall not be available for transfer
until 30 days after the Secretary has submitted, and the
congressional defense committees have approved, the proposed
allocation plan for the use of such funds to implement such
strategy: Provided further, That such allocation plan shall
include a detailed justification for the use of such funds
and a description of how such investments are necessary to
implement the strategy: Provided further, That the Secretary
of Defense may transfer these funds only to operation and
maintenance accounts: Provided further, That the funds
transferred shall be merged with and shall be available for
the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That
none of the funds made available under this heading may be
transferred to any program, project, or activity specifically
limited or denied by this Act: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority available to the Department
of Defense.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,456,533,000, to remain available for obligation until
September 30, 2020.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,581,600,000, to remain available for obligation until
September 30, 2020.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and
[[Page H6998]]
tracked combat vehicles, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $3,556,175,000, to remain available for
obligation until September 30, 2020.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,811,808,000, to remain available for obligation until
September 30, 2020.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$6,356,044,000 (increased by $30,000,000), to remain
available for obligation until September 30, 2020.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $17,908,270,000, to remain available
for obligation until September 30, 2020.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$3,387,826,000 (increased by $26,200,000), to remain
available for obligation until September 30, 2020.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$735,651,000, to remain available for obligation until
September 30, 2020.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Ohio Replacement Submarine (AP), $842,853,000;
Carrier Replacement Program, $1,869,646,000;
Carrier Replacement Program (AP), $2,561,058,000;
Virginia Class Submarine, $3,305,315,000;
Virginia Class Submarine (AP), $1,920,596,000;
CVN Refueling Overhauls, $1,569,669,000;
CVN Refueling Overhauls (AP), $75,897,000;
DDG-1000 Program, $164,976,000;
DDG-51 Destroyer, $3,499,079,000;
DDG-51 Destroyer (AP), $90,336,000;
Littoral Combat Ship, $1,566,971,000;
Expeditionary Sea Base, $635,000,000;
LHA Replacement, $1,695,077,000;
TAO Fleet Oiler, $449,415,000;
TAO Fleet Oiler (AP), $75,068,000;
Ship to Shore Connector, $390,554,000;
Service Craft, $23,994,000;
Towing, Salvage, and Rescue Ship, $76,204,000;
LCU 1700, $31,850,000;
For outfitting, post delivery, conversions, and first
destination transportation, $542,626,000; and
Completion of Prior Year Shipbuilding Programs,
$117,542,000.
In all: $21,503,726,000, to remain available for obligation
until September 30, 2022: Provided, That additional
obligations may be incurred after September 30, 2022, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for
production of the common missile compartment of nuclear-
powered vessels may be available for multiyear procurement of
critical components to support continuous production of such
compartments only in accordance with the provisions of
subsection (i) of section 2218a of title 10, United States
Code (as added by section 1023 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)).
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$7,852,952,000, to remain available for obligation until
September 30, 2020.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, $1,818,846,000
(increased by $20,000,000), to remain available for
obligation until September 30, 2020.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$16,553,196,000 (increased by $16,000,000), to remain
available for obligation until September 30, 2020.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $2,203,101,000, to remain
[[Page H6999]]
available for obligation until September 30, 2020.
Space Procurement, Air Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $3,210,355,000, to remain available
for obligation until September 30, 2020.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,316,977,000, to remain available for obligation until
September 30, 2020.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $19,318,814,000, to remain available for obligation
until September 30, 2020.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $5,239,239,000 (reduced
by $10,000,000), to remain available for obligation until
September 30, 2020.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $67,401,000,
to remain available until expended.
Procurement, National Defense Restoration Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act,
there is appropriated $12,622,931,000, for the ``Procurement,
National Defense Restoration Fund'': Provided, That such
funds provided under this heading shall only be available for
programs, projects and activities necessary to implement the
2018 National Defense Strategy: Provided further, That such
funds shall not be available for transfer until 30 days after
the Secretary has submitted, and the congressional defense
committees have approved, the proposed allocation plan for
the use of such funds to implement such strategy: Provided
further, That such allocation plan shall include a detailed
justification for the use of such funds and a description of
how such investments are necessary to implement the strategy:
Provided further, That the Secretary of Defense may transfer
these funds only to procurement accounts: Provided further,
That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further,
That none of the funds made available under this heading may
be transferred to any program, project, or activity
specifically limited or denied by this Act, except for
missile defense requirements resulting from urgent or
emergent operational needs: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority available to the Department
of Defense.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $9,674,222,000 (increased by
$6,000,000) (increased by $4,000,000) (increased by
$12,000,000) (increased by $5,000,000), to remain available
for obligation until September 30, 2019.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $17,196,521,000 (increased by
$598,000) (increased by $20,000,000) (reduced by $2,500,000)
(increased by $24,000,000), to remain available for
obligation until September 30, 2019: Provided, That funds
appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the
Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $33,874,980,000 (increased by
$5,000,000) (increased by $6,000,000) (increased by
$10,000,000) (reduced by $30,000,000) (increased by
$30,000,000), to remain available for obligation until
September 30, 2019.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,698,353,000
(reduced by $16,000,000) (reduced by $12,000,000) (reduced by
$2,500,000) (reduced by $12,500,000) (increased by
$20,000,000) (reduced by $20,000,000) (reduced by $4,135,000)
(increased by $4,135,000) (reduced by $27,500,000) (increased
by $10,000,000), to remain available for obligation until
September 30, 2019: Provided, That, of the funds made
available in this paragraph, $250,000,000 for the Defense
Rapid Innovation Program shall only be available for
expenses, not otherwise provided for, to include program
management and oversight, to conduct research, development,
test and evaluation to include proof of concept
demonstration; engineering, testing, and validation; and
transition to full-scale production: Provided further, That
the Secretary of Defense may transfer funds provided herein
for the Defense Rapid Innovation Program to appropriations
for research, development, test and evaluation to accomplish
the purpose provided herein: Provided further, That this
transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the Secretary of Defense shall, not fewer than
30 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the
details of any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $210,900,000, to remain available for obligation
until September 30, 2019.
Research, Development, Test and Evaluation, National Defense
Restoration Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act,
there is appropriated $1,000,000,000, for the ``Research,
Development, Test and Evaluation, National Defense
Restoration Fund'': Provided, That such funds provided under
this heading shall only be available for programs, projects
and activities necessary to implement the 2018 National
Defense Strategy: Provided further, That such funds shall not
be available for transfer until 30 days after the Secretary
has submitted, and the congressional defense committees have
approved, the proposed allocation plan for the use of such
funds to implement such strategy: Provided further, That such
allocation plan shall include a detailed justification for
the use of such funds and a description of how such
investments are necessary to implement the strategy: Provided
further, That the Secretary of Defense may transfer these
funds only to research, development, test and evaluation
accounts: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes
and for the same time period, as the appropriation to which
transferred: Provided further, That none of the funds made
available under this heading may be transferred to any
program, project, or activity specifically limited or denied
by this Act, except for missile defense requirements
resulting from urgent or emergent
[[Page H7000]]
operational needs: Provided further, That the transfer
authority provided under this heading is in addition to any
other transfer authority available to the Department of
Defense.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,586,596,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $33,931,566,000 (increased by $7,000,000)
(increased by $1,000,000) (increased by $10,000,000)
(increased by $2,000,000) (increased by $2,000,000)
(increased by $10,000,000) (increased by $5,000,000)
(increased by $10,000,000); of which $31,735,923,000
(increased by $2,000,000) (increased by $5,000,000) shall be
for operation and maintenance, of which not to exceed one
percent shall remain available for obligation until September
30, 2019, and of which up to $15,349,700,000 may be available
for contracts entered into under the TRICARE program; of
which $895,328,000, to remain available for obligation until
September 30, 2020, shall be for procurement; and of which
$1,300,315,000 (increased by $7,000,000) (increased by
$1,000,000) (increased by $10,000,000) (increased by
$2,000,000) (increased by $10,000,000) (increased by
$10,000,000), to remain available for obligation until
September 30, 2019, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $8,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations:
Provided further, That of the funds provided under this
heading for research, development, test and evaluation, not
less than $627,100,000 shall be made available to the United
States Army Medical Research and Materiel Command to carry
out the congressionally directed medical research programs.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $961,732,000, of which $104,237,000 shall
be for operation and maintenance, of which no less than
$49,401,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $21,045,000 for
activities on military installations and $28,356,000, to
remain available until September 30, 2019, to assist State
and local governments; $18,081,000 shall be for procurement,
to remain available until September 30, 2020, of which
$18,081,000 shall be for the Chemical Stockpile Emergency
Preparedness Program to assist State and local governments;
and $839,414,000, to remain available until September 30,
2019, shall be for research, development, test and
evaluation, of which $750,700,000 shall only be for the
Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $854,814,000, of which $532,648,000
shall be for counter-narcotics support; $120,813,000 shall be
for the drug demand reduction program; and $201,353,000 shall
be for the National Guard counter-drug program: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for the
same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere
in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $336,887,000, of which
$334,087,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $2,800,000, to
remain available until September 30, 2019, shall be for
research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $522,100,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,500,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to
June 30, 2017: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried
out in the manner provided by such tables to the same extent
as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers
[[Page H7001]]
of the amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2018: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply
to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'' ;
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide''
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between
such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer: Provided
further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-
day prior notification to the congressional defense
committees: Provided further, That the execution of
multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless
in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used,
subject to section 2306b of title 10 , United States Code,
for multiyear procurement contracts as follows: V-22 Osprey
aircraft variants; up to 13 SSN Virginia Class Submarines and
Government-furnished equipment; and DDG-51 Arleigh Burke
class Flight III guided missile destroyers, the MK 41
Vertical Launching Systems, and associated Government-
furnished systems and subsystems.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2019 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2019 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2019.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2358 note) civilian personnel at the Department of
Army Science and Technology Reinvention Laboratories may not
be managed on the basis of the Table of Distribution and
Allowances, and the management of the workforce strength
shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring
[[Page H7002]]
chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components
produced or manufactured in the United States exceeds the
aggregate cost of the components produced or manufactured
outside the United States: Provided further, That when
adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8019. Of the funds made available in this Act,
$20,000,000 shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a
subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition
of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8021. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That, upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8022. (a) Of the funds made available in this Act, not
less than $43,100,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $30,800,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $10,600,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2018,
not more than 6,000 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That, of
the specific amount referred to previously in this
subsection, not more than 1,180 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2019 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $210,000,000.
Sec. 8024. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8025. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8026. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2018. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term Buy American Act
means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended
[[Page H7003]]
for the payments specified by section 2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term Indian tribe means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8031. None of the funds made available by this Act
may be used to--
(1) disestablish, or prepare to disestablish, a Senior
Reserve Officers' Training Corps program in accordance with
Department of Defense Instruction Number 1215.08, dated June
26, 2006; or
(2) close, downgrade from host to extension center, or
place on probation a Senior Reserve Officers' Training Corps
program in accordance with the information paper of the
Department of the Army titled ``Army Senior Reserve Officers'
Training Corps (SROTC) Program Review and Criteria'', dated
January 27, 2014.
Sec. 8032. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided,
That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail
outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8033. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2019 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2019 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2019 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8034. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2019: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947 (50 U.S.C. 3093) shall
remain available until September 30, 2019.
Sec. 8035. Notwithstanding any other provision of law,
funds made available in this Act and hereafter for the
Defense Intelligence Agency may be used for the design,
development, and deployment of General Defense Intelligence
Program intelligence communications and intelligence
information systems for the Services, the Unified and
Specified Commands, and the component commands.
Sec. 8036. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8037. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
Buy American Act means chapter 83 of title 41, United States
Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8038. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the
waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and
authorized Federal entities.
Sec. 8039. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
[[Page H7004]]
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
or as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended:
``Aircraft Procurement, Navy'', 2016/2018, $274,000,000;
``Aircraft Procurement, Air Force'', 2016/2018,
$82,700,000;
``Missile Procurement, Army'', 2017/2019, $19,319,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2017/2019, $9,764,000;
``Other Procurement, Army'', 2017/2019, $10,000,000;
``Aircraft Procurement, Navy'', 2017/2019, $105,600,000;
``Weapons Procurement, Navy'', 2017/2019, $54,122,000;
``Shipbuilding and Conversion, Navy'', 2017/2021,
$45,116,000;
``Aircraft Procurement, Air Force'', 2017/2019,
$63,293,000;
``Missile Procurement, Air Force'', 2017/2019, $31,639,000;
``Space Procurement, Air Force'', 2017/2019, $15,000,000;
``Other Procurement, Air Force'', 2017/2019, $105,000,000;
``Research, Development, Test and Evaluation, Navy'', 2017/
2018, $34,128,000;
``Research, Development, Test and Evaluation, Air Force'',
2017/2018, $41,700,000.
Sec. 8041. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8042. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That
nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8045. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8046. None of the funds made available by this Act
for Evolved Expendable Launch Vehicle service competitive
procurements may be used unless the competitive procurements
are open for award to all certified providers of Evolved
Expendable Launch Vehicle-class systems: Provided, That the
award shall be made to the provider that offers the best
value to the government.
Sec. 8047. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and
$24,000,000 to the Red Cross.
Sec. 8048. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8049. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides shall
be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural
budget.
Sec. 8050. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8052. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the
total amount charged to a current appropriation under this
section may not exceed an amount equal to 1 percent of the
total appropriation for that account.
Sec. 8053. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8054. None of the funds available to the Department
of Defense may be obligated
[[Page H7005]]
to modify command and control relationships to give Fleet
Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet:
Provided, That the command and control relationships which
existed on October 1, 2004, shall remain in force until a
written modification has been proposed to the House and
Senate Appropriations Committees: Provided further, That the
proposed modification may be implemented 30 days after the
notification unless an objection is received from either the
House or Senate Appropriations Committees: Provided further,
That any proposed modification shall not preclude the ability
of the commander of United States Pacific Command to meet
operational requirements.
(including transfer of funds)
Sec. 8055. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$25,000,000 (increased by $10,000,000) shall be for continued
implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made
available for transfer to the Department of the Army, the
Department of the Navy, and the Department of the Air Force:
Provided further, That funds transferred shall be merged with
and available for the same purposes and for the same time
period as the appropriations to which the funds are
transferred: Provided further, That this transfer authority
is in addition to any other transfer authority provided in
this Act.
Sec. 8056. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction
does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary
of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that it is in
the national security interest to do so.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
XI (chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8058. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8059. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
45 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8060. The Secretary of Defense shall continue to
provide a classified quarterly report to the House and Senate
Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex
accompanying this Act.
Sec. 8061. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8062. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either:
(1) rendered incapable of reuse by the demilitarization
process; or
(2) used to manufacture ammunition pursuant to a contract
with the Department of Defense or the manufacture of
ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8063. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
(including transfer of funds)
Sec. 8064. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $66,881,780
shall remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8065. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit
the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal
reporting, study and develop detailed proposals for
alternative financial management processes. Such study shall
include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will
adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not
adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
Sec. 8066. In addition to amounts provided elsewhere in
this Act, $5,000,000 (increased by $5,000,000) is hereby
appropriated to the Department of Defense, to remain
available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve
the national interest, these funds shall be available only
for a grant to the Fisher House Foundation, Inc., only for
the construction and furnishing of additional Fisher Houses
to meet the needs of military family members when confronted
with the illness or hospitalization of an eligible military
beneficiary.
(including transfer of funds)
Sec. 8067. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$705,800,000 shall be for the Israeli Cooperative Programs:
Provided, That of this
[[Page H7006]]
amount, $92,000,000 shall be for the Secretary of Defense to
provide to the Government of Israel for the procurement of
the Iron Dome defense system to counter short-range rocket
threats, subject to the U.S.-Israel Iron Dome Procurement
Agreement, as amended; $221,500,000 shall be for the Short
Range Ballistic Missile Defense (SRBMD) program, including
cruise missile defense research and development under the
SRBMD program, of which $120,000,000 shall be for co-
production activities of SRBMD missiles in the United States
and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and
procedures, subject to the U.S.-Israeli co-production
agreement for SRBMD, as amended; $205,000,000 shall be for an
upper-tier component to the Israeli Missile Defense
Architecture, of which $120,000,000 shall be for co-
production activities of Arrow 3 Upper Tier missiles in the
United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; $105,000,000
shall be for testing of the upper-tier component to the
Israeli Missile Defense Architecture in the United States;
and $82,300,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and
airborne, detection suite: Provided further, That the
transfer authority provided under this provision is in
addition to any other transfer authority contained in this
Act.
(including transfer of funds)
Sec. 8068. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$117,542,000 shall be available until September 30, 2018, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer funds to the following appropriations in the amounts
specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes
as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2018: Carrier Replacement Program $20,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2008/2018: DDG-51 Destroyer $19,436,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2018: Littoral Combat Ship $6,394,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2018: LHA Replacement $14,200,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2018: DDG-51 Destroyer $31,941,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2014/2018: Litoral Combat Ship $20,471,000; and
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2018: LCAC $5,100,000.
Sec. 8069. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2018 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2018.
Sec. 8070. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8071. The budget of the President for fiscal year
2018 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That
these documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That
these documents shall include estimated costs for each
element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates
of the major weapons systems deployed in support of each
contingency: Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for
all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8072. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8073. Notwithstanding any other provision of this
Act, to reflect savings due to favorable foreign exchange
rates, the total amount appropriated in this Act is hereby
reduced by $289,000,000.
Sec. 8074. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8075. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8076. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8077. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2019.
Sec. 8078. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8079. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2018:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8080. None of the funds made available by this Act
may be used to eliminate, restructure, or realign Army
Contracting Command--New Jersey or make disproportionate
personnel reductions at any Army Contracting Command--New
Jersey sites without 30-day prior notification to the
congressional defense committees.
(rescission)
Sec. 8081. Of the unobligated balances available to the
Department of Defense, the following funds are permanently
rescinded from the following accounts and programs in the
specified amounts to reflect excess cash balances in the
Department of Defense Acquisition Workforce Development Fund:
From ``Department of Defense Acquisition Workforce
Development Fund, Defense'', $10,000,000.
Sec. 8082. None of the funds made available by this Act
for excess defense articles, assistance under section 333 of
title 10, United States Code, or peacekeeping operations for
the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008
(Public Law 110-457; 22 U.S.C. 2370c-1) may be used to
support any military training or operation that includes
child soldiers, as defined by the Child Soldiers Prevention
Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of
2008.
Sec. 8083. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
[[Page H7007]]
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8084. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8085. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
(including transfer of funds)
Sec. 8086. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.
(including transfer of funds)
Sec. 8087. Not to exceed $500,000,000 appropriated by this
Act for operation and maintenance may be available for the
purpose of making remittances and transfer to the Defense
Acquisition Workforce Development Fund in accordance with
section 1705 of title 10, United States Code.
Sec. 8088. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8089. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8090. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $115,519,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8091. None of the funds appropriated or otherwise
made available by this Act may be used by the Department of
Defense or a component thereof in contravention of the
provisions of section 130h of title 10, United States Code.
Sec. 8092. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $450,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8093. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Office of Management and Budget, transfer not to exceed
$1,500,000,000 of the funds made available in this Act for
the National Intelligence Program: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2017.
Sec. 8094. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8095. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8096. None of the funds appropriated or otherwise
made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo
Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other
foreign entity except in accordance with section 1034 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1034 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
Sec. 8097. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
[[Page H7008]]
Sec. 8098. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum
of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or loan guarantee to
Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to
the congressional defense committees that, to the best of the
Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense
shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the
Secretary of Defense pursuant to subsection (b), and not
later than 90 days after the date on which such a waiver is
issued by the Secretary of Defense, the Inspector General
shall submit to the congressional defense committees a report
containing the results of the review conducted with respect
to such waiver.
Sec. 8099. None of the funds made available in this Act
may be used for the purchase or manufacture of a flag of the
United States unless such flags are treated as covered items
under section 2533a(b) of title 10, United States Code.
Sec. 8100. (a) Of the funds appropriated in this Act for
the Department of Defense, amounts may be made available,
under such regulations as the Secretary of Defense may
prescribe, to local military commanders appointed by the
Secretary, or by an officer or employee designated by the
Secretary, to provide at their discretion ex gratia payments
in amounts consistent with subsection (d) of this section for
damage, personal injury, or death that is incident to combat
operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided
only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a
program under subsection (a) shall not be considered an
admission or acknowledgement of any legal obligation to
compensate for any damage, personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense
determines a program under subsection (a) to be appropriate
in a particular setting, the amounts of payments, if any, to
be provided to civilians determined to have suffered harm
incident to combat operations of the Armed Forces under the
program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which
should include such factors as cultural appropriateness and
prevailing economic conditions.
(e) Legal Advice.--Local military commanders shall receive
legal advice before making ex gratia payments under this
subsection. The legal advisor, under regulations of the
Department of Defense, shall advise on whether an ex gratia
payment is proper under this section and applicable
Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia
payment offered or denied shall be kept by the local
commander and on a timely basis submitted to the appropriate
office in the Department of Defense as determined by the
Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the
efficacy of the ex gratia payment program including the
number of types of cases considered, amounts offered, the
response from ex gratia payment recipients, and any
recommended modifications to the program.
Sec. 8101. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades or maintenance
activities, shall be used to reduce or to prepare to reduce
the number of deployed and non-deployed strategic delivery
vehicles and launchers below the levels set forth in the
report submitted to Congress in accordance with section 1042
of the National Defense Authorization Act for Fiscal Year
2012.
Sec. 8102. The Secretary of Defense shall post grant
awards on a public Website in a searchable format.
Sec. 8103. None of the funds made available by this Act
may be used to fund the performance of a flight demonstration
team at a location outside of the United States: Provided,
That this prohibition applies only if a performance of a
flight demonstration team at a location within the United
States was canceled during the current fiscal year due to
insufficient funding.
Sec. 8104. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 8105. None of the funds made available by this Act
may be obligated or expended to implement the Arms Trade
Treaty until the Senate approves a resolution of ratification
for the Treaty.
Sec. 8106. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act unless explicity provided for
in a Defense Appropriations Act: Provided, That this
limitation shall not apply to transfers of funds expressly
provided for in Defense Appropriations Acts, or provisions of
Acts providing supplemental appropriations for the Department
of Defense.
Sec. 8107. None of the funds made available in this Act
may be obligated for activities authorized under section 1208
of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to
initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance
with the direction contained in the classified annex
accompanying this Act, not less than 15 days before
initiating such support: Provided, That none of the funds
made available in this Act may be used under section 1208 for
any activity that is not in support of an ongoing military
operation being conducted by United States Special Operations
Forces to combat terrorism: Provided further, That the
Secretary of Defense may waive the prohibitions in this
section if the Secretary determines that such waiver is
required by extraordinary circumstances and, by not later
than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8108. None of the funds made available by this Act
may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities
in Iraq, into situations in Iraq where imminent involvement
in hostilities is clearly indicated by the circumstances, or
into Iraqi territory, airspace, or waters while equipped for
combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such
Resolution (50 U.S.C. 1542 and 1543).
Sec. 8109. None of the funds provided in this Act for the
T-AO Fleet Oiler or the Towing, Salvage, and Rescue Ship
programs shall be used to award a new contract that provides
for the acquisition of the following components unless those
components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services;
propulsion equipment (including engines, reduction gears, and
propellers); shipboard cranes; and spreaders for shipboard
cranes.
Sec. 8110. The amount appropriated in title II of this Act
for ``Operation and Maintenance, Army'' is hereby reduced by
$75,000,000 to reflect excess cash balances in Department of
Defense Working Capital Funds.
Sec. 8111. Notwithstanding any other provision of this
Act, to reflect savings due to lower than anticipated fuel
costs, the total amount appropriated in title II of this Act
is hereby reduced by $1,007,267,000.
Sec. 8112. None of the funds made available by this Act
may be used for Government Travel Charge Card expenses by
military or civilian personnel of the Department of Defense
for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by
Department of Defense FMR, Volume 9, Chapter 3 and Department
of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8113. None of the funds made available by this Act
may be used to propose, plan for, or execute a new or
additional Base Realignment and Closure (BRAC) round.
Sec. 8114. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $289,255,000, to remain
available until expended, may be used for any purposes
related to the National Defense Reserve Fleet established
under section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. 4405): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and
expenses related to the National Defense Reserve Fleet.
[[Page H7009]]
Sec. 8115. None of the funds made available by this Act
for the Joint Surveillance Target Attack Radar System
recapitalization program may be obligated or expended for
pre-milestone B activities after March 31, 2018, except for
source selection and other activities necessary to enter the
engineering and manufacturing development phase.
Sec. 8116. None of the funds made available by this Act
may be used to carry out the closure or realignment of the
United States Naval Station, Guantanamo Bay, Cuba.
(including transfer of funds)
Sec. 8117. Additional readiness funds made available in
title II of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', ``Operation and
Maintenance, Marine Corps'', and ``Operation and Maintenance,
Air Force'' may be transferred to and merged with any
appropriation of the Department of Defense for activities
related to the Zika virus in order to provide health support
for the full range of military operations and sustain the
health of the members of the Armed Forces, civilian employees
of the Department of Defense, and their families, to include:
research and development, disease surveillance, vaccine
development, rapid detection, vector controls and
surveillance, training, and outbreak response: Provided,
That the authority provided in this section is subject to the
same terms and conditions as the authority provided in
section 8005 of this Act.
Sec. 8118. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or
for any activity necessary for the national defense,
including intelligence activities.
Sec. 8119. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by
this Act to the Global Engagement Center pursuant to section
1287 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) shall be made in accordance
with section 8005 or 9002 of this Act, as applicable.
Sec. 8120. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
(including transfer fund)
Sec. 8121. In addition to amounts provided elsewhere in
this Act for military personnel pay, including active duty,
reserve and National Guard personnel, $206,400,000 is hereby
appropriated to the Department of Defense and made available
for transfer only to military personnel accounts: Provided,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Sec. 8122. In addition to amounts provided elsewhere in
this Act, there is appropriated $235,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended: Provided, That
such funds shall only be available to the Secretary of
Defense, acting through the Office of Economic Adjustment of
the Department of Defense, or for transfer to the Secretary
of Education, notwithstanding any other provision of law, to
make grants, conclude cooperative agreements, or supplement
other Federal funds to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic
Adjustment or the Secretary of Education shall give priority
consideration to those military installations with schools
having the most serious capacity or facility condition
deficiencies as determined by the Secretary of Defense:
Provided further, That as a condition of receiving funds
under this section a local educational agency or State shall
provide a matching share as described in the notice titled
``Department of Defense Program for Construction, Renovation,
Repair or Expansion of Public Schools Located on Military
Installations'' published by the Department of Defense in the
Federal Register on September 9, 2011 (76 Fed. Reg. 55883 et
seq.): Provided further, That these provisions apply to funds
provided under this section, and to funds previously provided
by Congress to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools to the extent such
funds remain unobligated on the date of enactment of this
section.
Sec. 8123. None of the funds made available by this Act
may be used to carry out the changes to the Joint Travel
Regulations of the Department of Defense described in the
memorandum of the Per Diem Travel and Transportation
Allowance Committee titled ``UTD/CTD for MAP 118-13/CAP 118-
13 - Flat Rate Per Diem for Long Term TDY'' and dated October
1, 2014.
Sec. 8124. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or
Severely Ill/Injured (Category II or III) Active Duty Service
Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall
apply such policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without
limitation on the duration of such cryopreservation and
storage.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,635,317,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$377,857,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $103,800,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $912,779,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$24,942,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$9,091,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $2,328,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $20,569,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $184,589,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $5,004,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, National Defense Restoration Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act,
there is appropriated $1,000,000,000, for the ``Military
Personnel, National Defense Restoration Fund'': Provided,
That such funds provided under this heading shall only be
available for programs, projects and activities necessary to
implement the 2018 National Defense Strategy: Provided
further, That such funds shall not be available for transfer
until 30 days after the
[[Page H7010]]
Secretary has submitted, and the congressional defense
committees have approved, the proposed allocation plan for
the use of such funds to implement such strategy: Provided
further, That such allocation plan shall include a detailed
justification for the use of such funds and a description of
how such investments are necessary to implement the strategy:
Provided further, That the Secretary of Defense may transfer
these funds only to military personnel accounts: Provided
further, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same
time period, as the appropriation to which transferred:
Provided further, That none of the funds made available under
this heading may be transferred to any program, project, or
activity specifically limited or denied by this Act: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $16,126,403,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $5,875,015,000, of which up to $161,885,000 may be
transferred to the Coast Guard ``Operating Expenses''
account: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,116,640,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $10,266,295,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $6,944,201,000: Provided, That of the funds
provided under this heading, not to exceed $900,000,000, to
remain available until September 30, 2019, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and the
Levant: Provided further, That such reimbursement payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management
and Budget, may determine, based on documentation determined
by the Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That funds
provided under this heading may be used for the purpose of
providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition
forces supporting United States military and stability
operations in Afghanistan and to counter the Islamic State of
Iraq and the Levant, and 15 days following notification to
the appropriate congressional committees: Provided further,
That funds provided under this heading may be used to support
the Government of Jordan, in such amounts as the Secretary of
Defense may determine, to enhance the ability of the armed
forces of Jordan to increase or sustain security along its
borders, upon 15 days prior written notification to the
congressional defense committees outlining the amounts
intended to be provided and the nature of the expenses
incurred: Provided further, That of the funds provided under
this heading, not to exceed $750,000,000, to remain available
until September 30, 2019, shall be available to provide
support and assistance to foreign security forces or other
groups or individuals to conduct, support, or facilitate
counterterrorism, crisis response, or other Department of
Defense security cooperation programs: Provided further, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $24,699,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $23,980,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $3,367,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $58,523,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $108,111,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $15,400,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, National Defense Restoration Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act,
there is appropriated $2,000,000,000, for the ``Operation and
Maintenance, National Defense Restoration Fund'': Provided,
That such funds provided under this heading shall only be
available for programs, projects and activities necessary to
implement the 2018 National Defense Strategy: Provided
further, That such funds shall not be available for transfer
until 30 days after the Secretary has submitted, and the
congressional defense committees have approved, the proposed
allocation plan for the use of such funds to implement such
strategy: Provided further, That such allocation plan shall
include a detailed justification for the use of such funds
and a description of how such investments are necessary to
implement the strategy: Provided further, That the Secretary
of Defense may transfer these funds only to operation and
maintenance accounts: Provided further, That the funds
transferred shall be merged with and shall be available for
the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That
none of the funds made available under this heading may be
transferred to any program, project, or activity specifically
limited or denied by this Act: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority available to the Department
of Defense: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$4,937,515,000 (reduced by $12,000,000), to remain available
until September 30, 2019: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the
Commander, Combined Security Transition Command--Afghanistan,
or the Secretary's designee, to provide assistance, with the
concurrence of the Secretary of State, to the security forces
of Afghanistan, including the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funding: Provided
further, That the Secretary of Defense may obligate and
expend funds made available to the Department of Defense in
this title for additional costs associated with existing
projects previously funded with amounts provided under the
heading ``Afghanistan Infrastructure Fund'' in prior Acts:
Provided further, That such costs shall be limited to
contract changes resulting from inflation, market
fluctuation, rate adjustments, and other necessary contract
actions to complete existing projects, and associated
supervision and administration costs and costs for design
during construction: Provided further, That the
[[Page H7011]]
Secretary may not use more than $50,000,000 under the
authority provided in this section: Provided further, That
the Secretary shall notify in advance such contract changes
and adjustments in annual reports to the congressional
defense committees: Provided further, That the authority to
provide assistance under this heading is in addition to any
other authority to provide assistance to foreign nations:
Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government,
or international organization may be credited to this Fund,
to remain available until expended, and used for such
purposes: Provided further, That the Secretary of Defense
shall notify the congressional defense committees in writing
upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days
prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the
details of any such obligation: Provided further, That the
Secretary of Defense shall notify the congressional defense
committees of any proposed new projects or transfer of funds
between budget sub-activity groups in excess of $20,000,000:
Provided further, That the United States may accept equipment
procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of
Afghanistan and returned by such forces to the United States:
Provided further, That equipment procured using funds
provided under this heading in this or prior Acts, and not
yet transferred to the security forces of Afghanistan or
transferred to the security forces of Afghanistan and
returned by such forces to the United States, may be treated
as stocks of the Department of Defense upon written
notification to the congressional defense committees:
Provided further, That of the funds provided under this
heading, not less than $10,000,000 shall be for recruitment
and retention of women in the Afghanistan National Security
Forces, and the recruitment and training of female security
personnel: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Counter-ISIL Train and Equip Fund
For the ``Counter-Islamic State of Iraq and the Levant
Train and Equip Fund'', $1,769,000,000, to remain available
until September 30, 2019: Provided, That such funds shall be
available to the Secretary of Defense in coordination with
the Secretary of State, to provide assistance, including
training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation; and
sustainment, to foreign security forces, irregular forces,
groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of
Iraq and the Levant, and their affiliated or associated
groups: Provided further, That these funds may be used in
such amounts as the Secretary of Defense may determine to
enhance the border security of nations adjacent to conflict
areas including Jordan, Lebanon, Egypt, and Tunisia resulting
from actions of the Islamic State of Iraq and the Levant:
Provided further, That amounts made available under this
heading shall be available to provide assistance only for
activities in a country designated by the Secretary of
Defense, in coordination with the Secretary of State, as
having a security mission to counter the Islamic State of
Iraq and the Levant, and following written notification to
the congressional defense committees of such designation:
Provided further, That the Secretary of Defense shall ensure
that prior to providing assistance to elements of any forces
or individuals, such elements or individuals are
appropriately vetted, including at a minimum, assessing such
elements for associations with terrorist groups or groups
associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the
Government of Iraq and other entities, to carry out
assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein
from any foreign government or other entity may be credited
to this Fund, to remain available until expended, and used
for such purposes: Provided further, That the Secretary of
Defense may waive a provision of law relating to the
acquisition of items and support services or sections 40 and
40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785)
if the Secretary determines that such provision of law would
prohibit, restrict, delay or otherwise limit the provision of
such assistance and a notice of and justification for such
waiver is submitted to the congressional defense committees,
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using
funds provided under this heading, or under the heading,
``Iraq Train and Equip Fund'' in prior Acts, that was
transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and the Levant and returned
by such forces or groups to the United States, may be treated
as stocks of the Department of Defense upon written
notification to the congressional defense committees:
Provided further, That equipment procured using funds
provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred
to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and the Levant may be
treated as stocks of the Department of Defense when
determined by the Secretary to no longer be required for
transfer to such forces or groups and upon written
notification to the congressional defense committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided under this heading, including, but
not limited to, the number of individuals trained, the nature
and scope of support and sustainment provided to each group
or individual, the area of operations for each group, and the
contributions of other countries, groups, or individuals:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/ Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $424,686,000, to remain available until September 30,
2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$557,583,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,191,139,000, to remain
available until September 30, 2020: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $193,436,000, to remain available until September 30,
2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$405,575,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $157,300,000, to remain available until September 30,
2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$130,994,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $223,843,000, to remain available
until September 30, 2020: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$207,984,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$64,071,000, to remain
[[Page H7012]]
available until September 30, 2020: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $510,836,000, to remain available until September
30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $381,700,000, to remain available until September
30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Space Procurement, Air Force
For an additional amount for ``Space Procurement, Air
Force'', $2,256,000, to remain available until September 30,
2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $501,509,000, to remain available until
September 30, 2020: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $3,998,887,000, to remain available until September
30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$510,741,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical
and support vehicles; other weapons; and other procurement
items for the reserve components of the Armed Forces,
$1,000,000,000, to remain available for obligation until
September 30, 2020: Provided, That the Chiefs of National
Guard and Reserve components shall, not later than 30 days
after enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned
fixed wing aircraft, or procure or modify missiles,
munitions, or ammunition: Provided further, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement, National Defense Restoration Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act,
there is appropriated $6,000,000,000, for the ``Procurement,
National Defense Restoration Fund'': Provided, That such
funds provided under this heading shall only be available for
programs, projects and activities necessary to implement the
2018 National Defense Strategy: Provided further, That such
funds shall not be available for transfer until 30 days after
the Secretary has submitted, and the congressional defense
committees have approved, the proposed allocation plan for
the use of such funds to implement such strategy: Provided
further, That such allocation plan shall include a detailed
justification for the use of such funds and a description of
how such investments are necessary to implement the strategy:
Provided further, That the Secretary of Defense may transfer
these funds only to procurement accounts: Provided further,
That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further,
That none of the funds made available under this heading may
be transferred to any program, project, or activity
specifically limited or denied by this Act: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority available to the
Department of Defense: Provided further, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $119,368,000 (increased by
$6,000,000), to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $124,865,000, to remain available
until September 30, 2019: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $144,508,000, to remain
available until September 30, 2019: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $226,096,000, to remain
available until September 30, 2019: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, National Defense
Restoration Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act,
there is appropriated $1,000,000,000, for the ``Research,
Development, Test and Evaluation, National Defense
Restoration Fund'': Provided, That such funds provided under
this heading shall only be available for programs, projects
and activities necessary to implement the 2018 National
Defense Strategy: Provided further, That such funds shall not
be available for transfer until 30 days after the Secretary
has submitted, and the congressional defense committees have
approved, the proposed allocation plan for the use of such
funds to implement such strategy: Provided further, That such
allocation plan shall include a detailed justification for
the use of such funds and a description of how such
investments are necessary to implement the strategy: Provided
further, That the Secretary of Defense may transfer these
funds only to research, development, test and evaluation
accounts: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes
and for the same time period, as the appropriation to which
transferred: Provided further, That none of the funds made
available under this heading may be transferred to any
program, project, or activity specifically limited or denied
by this Act: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $148,956,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$395,805,000, which shall be for operation and maintenance:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $196,300,000: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Joint Improvised-Threat Defeat Fund
(including transfer of funds)
For the ``Joint Improvised-Threat Defeat Fund'',
$483,058,000, to remain available until
[[Page H7013]]
September 30, 2020: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the
Director of the Joint Improvised-Threat Defeat Organization
to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist
United States forces in the defeat of improvised explosive
devices: Provided further, That the Secretary of Defense may
transfer funds provided herein to appropriations for military
personnel; operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,692,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2018.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $2,500,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in section 8005 of this
Act.
Sec. 9003. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund''
provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be
obligated at the time a construction contract is awarded:
Provided, That, for the purpose of this section, supervision
and administration costs and costs for design during
construction include all in-house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility:
(1) passenger motor vehicles up to a limit of $75,000 per
vehicle; and
(2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to
a limit of $450,000 per vehicle, notwithstanding price or
other limitations applicable to the purchase of passenger
carrying vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts
appropriated by this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale,
humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project
(including any ancillary or related elements in connection
with such project) executed under this authority shall not
exceed $2,000,000: Provided further, That not later than 45
days after the end of each 6 months of the fiscal year, the
Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period
that were made available pursuant to the authority provided
in this section or under any other provision of law for the
purposes described herein: Provided further, That, not later
than 30 days after the end of each fiscal year quarter, the
Army shall submit to the congressional defense committees
quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less
than 15 days before making funds available pursuant to the
authority provided in this section or under any other
provision of law for the purposes described herein for a
project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to allied forces participating in a
combined operation with the armed forces of the United States
and coalition forces supporting military and stability
operations in Afghanistan and to counter the Islamic State of
Iraq and the Levant: Provided, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000
using ASFF: Provided further, That the Department of Defense
must certify to the congressional defense committees that the
AROC has convened and approved a process for ensuring
compliance with the requirements in the preceding proviso and
accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by
the Secretary of Defense that such action is necessary to
meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas,
such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by
this Act for the Defense Security Cooperation Agency in
``Operation and Maintenance, Defense-Wide'' may be used to
provide assistance to the Government of Jordan to support the
armed forces of Jordan and to enhance security along its
borders.
Sec. 9012. None of the funds made available by this Act
under the heading ``Counter-ISIL Train and Equip Fund'' may
be used to procure or transfer man-portable air defense
systems.
Sec. 9013. For the ``Ukraine Security Assistance
Initiative'', $150,000,000 is hereby appropriated, to remain
available until September 30, 2018: Provided, That such
funds shall be available to the Secretary of Defense, in
coordination with the Secretary of State, to provide
assistance, including training; equipment; lethal weapons of
a defensive nature; logistics support, supplies and services;
sustainment; and intelligence support to the military and
national security forces of Ukraine, and for replacement of
any weapons or defensive articles provided to the Government
of Ukraine from the inventory of the United States: Provided
further, That the Secretary of Defense shall, not less than
15 days prior to obligating funds provided under this
heading, notify the congressional defense committees in
writing of the details of any such obligation: Provided
further, That
[[Page H7014]]
the United States may accept equipment procured using funds
provided under this heading in this or prior Acts that was
transferred to the security forces of Ukraine and returned by
such forces to the United States: Provided further, That
equipment procured using funds provided under this heading in
this or prior Acts, and not yet transferred to the military
or National Security Forces of Ukraine or returned by such
forces to the United States, may be treated as stocks of the
Department of Defense upon written notification to the
congressional defense committees: Provided further, That
amounts made available by this section are designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 9014. Funds appropriated in this title shall be
available for replacement of funds for items provided to the
Government of Ukraine from the inventory of the United States
to the extent specifically provided for in section 9013 of
this Act.
Sec. 9015. None of the funds made available by this Act
under section 9013 for ``Assistance and Sustainment to the
Military and National Security Forces of Ukraine'' may be
used to procure or transfer man-portable air defense systems.
Sec. 9016. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' for payments under section 1233
of Public Law 110-181 for reimbursement to the Government of
Pakistan may be made available unless the Secretary of
Defense, in coordination with the Secretary of State,
certifies to the congressional defense committees that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
other domestic and foreign terrorist organizations, including
taking steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in subsection
(a) on a case-by-case basis by certifying in writing to the
congressional defense committees that it is in the national
security interest to do so: Provided, That if the Secretary
of Defense, in coordination with the Secretary of State,
exercises such waiver authority, the Secretaries shall report
to the congressional defense committees on both the
justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in
classified form if necessary.
(including transfer of funds)
Sec. 9017. In addition to amounts otherwise made available
in this Act, $500,000,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
the operation and maintenance, military personnel, and
procurement accounts, to improve the intelligence,
surveillance, and reconnaissance capabilities of the
Department of Defense: Provided, That the transfer authority
provided in this section is in addition to any other transfer
authority provided elsewhere in this Act: Provided further,
That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense
shall submit a report to the congressional defense committees
on the proposed uses of these funds: Provided further, That
the funds provided in this section may not be transferred to
any program, project, or activity specifically limited or
denied by this Act: Provided further, That amounts made
available by this section are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That the authority to provide funding under this section
shall terminate on September 30, 2018.
Sec. 9018. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
(rescissions)
Sec. 9019. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Other Procurement, Air Force'', 2017/2019, $25,100,000;
``Afghanistan Security Forces Fund'', 2017/2018,
$100,000,000; and
``Counter-ISIL Train and Equip Fund'', 2017/2018,
$112,513,000.
``Operation and Maintenance, Defense-Wide, DSCA Coalition
Support Fund'', 2017/2018, $350,000,000.
Sec. 9020. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress.
Sec. 9021. (a) Not later than 30 days after the date of the
enactment of this Act, the President shall submit to Congress
a report on the United States strategy to defeat Al-Qaeda,
the Taliban, the Islamic State of Iraq and Syria (ISIS), and
their associated forces and co-belligerents.
(b) The report required under subsection (a) shall include
the following:
(1) An analysis of the adequacy of the existing legal
framework to accomplish the strategy described in subsection
(a), particularly with respect to the Authorization for Use
of Military Force (Public Law 107-40; 50 U.S.C. 1541 note)
and the Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note).
(2) An analysis of the budgetary resources necessary to
accomplish the strategy described in subsection (a).
(c) Not later than 30 days after the date on which the
President submits to the appropriate congressional committees
the report required by subsection (a), the Secretary of State
and the Secretary of Defense shall testify at any hearing
held by any of the appropriate congressional committees on
the report and to which the Secretary is invited.
(d) In this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
TITLE X--ADDITIONAL GENERAL PROVISIONS
references to act
Sec. 10001. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
references to report
Sec. 10002. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-219. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 10003. $0.
Sec. 10004. None of the funds appropriated or otherwise
made available under the heading ``Afghanistan Security
Forces Fund'' may be used to procure uniforms for the Afghan
National Army.
Sec. 10005. None of the funds made available in this Act
may be used for the closure of a biosafety level 4
laboratory.
Sec. 10006. None of the funds made available by this Act
may be used to provide arms, training, or other assistance to
the Azov Battalion.
Sec. 10007. None of the finds made available by this Act
may be used to purchase heavy water from Iran.
Sec. 10008. None of the funds appropriated by this Act may
be used to plan for, begin, continue, complete, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76.
This division may be cited as the ``Department of Defense
Appropriations Act, 2018''.
DIVISION J--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Legislative
Branch for the fiscal year ending September 30, 2018, and for
other purposes, namely:
TITLE I
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,194,050,766 (increased by $250,000), as follows:
House Leadership Offices
For salaries and expenses, as authorized by law,
$22,278,891, including: Office of the
[[Page H7015]]
Speaker, $6,645,417, including $25,000 for official expenses
of the Speaker; Office of the Majority Floor Leader,
$2,180,048, including $10,000 for official expenses of the
Majority Leader; Office of the Minority Floor Leader,
$7,114,471, including $10,000 for official expenses of the
Minority Leader; Office of the Majority Whip, including the
Chief Deputy Majority Whip, $1,886,632, including $5,000 for
official expenses of the Majority Whip; Office of the
Minority Whip, including the Chief Deputy Minority Whip,
$1,459,639, including $5,000 for official expenses of the
Minority Whip; Republican Conference, $1,505,426; Democratic
Caucus, $1,487,258: Provided, That such amount for salaries
and expenses shall remain available from January 3, 2018
until January 2, 2019.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$562,632,498 (reduced by $11,025,000) (increased by
$11,025,000).
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $127,053,373:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2018, except that
$3,150,200 of such amount shall remain available until
expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $23,226,000, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2018.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $198,156,000, including: for salaries and
expenses of the Office of the Clerk, including the positions
of the Chaplain and the Historian, and including not more
than $25,000 for official representation and reception
expenses, of which not more than $20,000 is for the Family
Room and not more than $2,000 is for the Office of the
Chaplain, $27,945,000; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of
Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official
representation and reception expenses, $20,505,000 of which
$6,696,000 shall remain available until expended; for
salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $127,165,000,
of which $2,108,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector
General, $4,968,000; for salaries and expenses of the Office
of General Counsel, $1,492,000; for salaries and expenses of
the Office of the Parliamentarian, including the
Parliamentarian, $2,000 for preparing the Digest of Rules,
and not more than $1,000 for official representation and
reception expenses, $2,037,000; for salaries and expenses of
the Office of the Law Revision Counsel of the House,
$3,209,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $9,437,000; for salaries
and expenses of the Office of Interparliamentary Affairs,
$814,000; for other authorized employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $260,704,004 (increased by $250,000),
including: supplies, materials, administrative costs and
Federal tort claims, $3,625,000; official mail for
committees, leadership offices, and administrative offices of
the House, $190,000; Government contributions for health,
retirement, Social Security, and other applicable employee
benefits, $233,540,004, to remain available until March 31,
2019; Business Continuity and Disaster Recovery, $16,186,000
of which $5,000,000 shall remain available until expended;
transition activities for new members and staff, $2,273,000,
to remain available until expended; Wounded Warrior Program
$2,500,000 (increased by $250,000), to remain available until
expended; Office of Congressional Ethics, $1,670,000; and
miscellaneous items including purchase, exchange,
maintenance, repair and operation of House motor vehicles,
interparliamentary receptions, and gratuities to heirs of
deceased employees of the House, $720,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 101. (a) Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2018. Any amount remaining after all payments are
made under such allowances for fiscal year 2018 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to
prescribe regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 102. None of the funds made available in this Act may
be used to deliver a printed copy of a bill, joint
resolution, or resolution to the office of a Member of the
House of Representatives (including a Delegate or Resident
Commissioner to the Congress) unless the Member requests a
copy.
delivery of congressional record
Sec. 103. None of the funds made available by this Act may
be used to deliver a printed copy of any version of the
Congressional Record to the office of a Member of the House
of Representatives (including a Delegate or Resident
Commissioner to the Congress).
limitation on amount available to lease vehicles
Sec. 104. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount
that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 105. None of the funds made available by this Act may
be used to provide an aggregate number of more than 50
printed copies of any edition of the United States Code to
all offices of the House of Representatives.
delivery of reports of disbursements
Sec. 106. None of the funds made available by this Act may
be used to deliver a printed copy of the report of
disbursements for the operations of the House of
Representatives under section 106 of the House of
Representatives Administrative Reform Technical Corrections
Act (2 U.S.C. 5535) to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress).
delivery of daily calendar
Sec. 107. None of the funds made available by this Act may
be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress) a printed copy of the Daily
Calendar of the House of Representatives which is prepared by
the Clerk of the House of Representatives.
delivery of congressional pictorial directory
Sec. 108. None of the funds made available by this Act may
be used to deliver a printed copy of the Congressional
Pictorial Directory to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress).
amending the house services revolving fund
Sec. 109. (a) Collection of Certain Service Fees.--Section
105(a) of the Legislative Branch Appropriations Act, 2005 (2
U.S.C. 5545(a)) is amended by adding at the end the following
new paragraph:
``(7) The collection of a service fee from vendors of the
Master Web Services Agreement or the Technology Services
Contract for failure to abide by and maintain House of
Representatives security policies.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
adjustments to compensation
Sec. 110. Not withstanding any other provision of law, no
adjustment shall be made under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 4501)
(relating to cost of living adjustments for Members of
Congress) during fiscal year 2018.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $10,455,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,780,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned
to the Office of the Attending Physician, which shall be
advanced and credited to the applicable
[[Page H7016]]
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,838,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,444,000, to be disbursed by the
Secretary of the Senate.
Administrative Provision
Sec. 1001. (a) Establishment of Senior Level Positions.--
Notwithstanding any order issued by the Speaker of the House
of Representatives pursuant to paragraph (1) of section
311(d) of the Legislative Branch Appropriations Act, 1988 (2
U.S.C. 4532(1)), the chair of the Joint Committee on Taxation
may establish and fix the compensation of senior level
positions in the staff of the Joint Committee to meet
critical scientific, technical, professional, or executive
needs of the Joint Committee.
(b) Limitation on Compensation.--The annual rate of pay for
any position established under this section may not exceed
the annual rate of pay for level II of the Executive
Schedule.
(c) Conforming Amendment.-- Subsection (e) of section 214
of the Postal Revenue and Federal Salary Act of 1967 (2
U.S.C. 4302) is repealed.
(d) Effective Date.--This section shall apply with respect
to fiscal year 2018 and each succeeding fiscal year.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions
for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$347,700,000 of which overtime shall not exceed $45,000,000
unless the Committee on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $74,800,000, to be disbursed by the Chief
of the Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law
Enforcement Training Center for fiscal year 2018 shall be
paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $3,959,000, of which $450,000
shall remain available until September 30, 2019: Provided,
That not more than $500 may be expended on the certification
of the Executive Director of the Office of Compliance in
connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $48,500,000.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in
connection with facilities and activities under the care of
the Architect of the Capitol including the Botanic Garden;
electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction
of the Architect of the Capitol; including furnishings and
office equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or
exchange, maintenance, and operation of a passenger motor
vehicle, $93,000,000 (reduced by $250,000) (reduced by
$100,000) (increased by $100,000).
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $45,300,000, of which $19,458,000
shall remain available until September 30, 2022.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $13,333,000, of which
$3,195,000 shall remain available until September 30, 2022.
House Office Buildings
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $169,294,000, of
which $45,130,000 shall remain available until September 30,
2022, and of which $62,000,000 shall remain available until
expended for the restoration and renovation of the Cannon
House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available
until expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $106,694,000, of which $28,057,000
shall remain available until September 30, 2022: Provided,
That not more than $9,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2018.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $76,097,000, of which $48,724,000
shall remain available until September 30, 2022.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computer Facility, and Architect of the Capitol
security operations, $33,249,000, of which $12,300,000 shall
remain available until September 30, 2022.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $13,400,000, of which $2,600,000 shall remain
available until September 30, 2022: Provided, That, of the
amount made available under this heading, the Architect of
the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the
National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a
duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $21,470,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 1101. None of the funds made available in this Act
for the Architect of the Capitol may be used to make
incentive or award payments to contractors for work on
contracts or programs for which the contractor is behind
schedule or over budget, unless the Architect of the Capitol,
or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven
scope changes, or are not significant within the overall
scope of the project and/or program.
scrims
Sec. 1102. None of the funds made available by this Act
may be used for scrims containing photographs of building
facades during restoration or construction projects performed
by the Architect of the Capitol.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by
the Board, $464,209,234, of which not more than $6,000,000
shall be derived from
[[Page H7017]]
collections credited to this appropriation during fiscal year
2018, and shall remain available until expended, under the
Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C.
150) and not more than $350,000 shall be derived from
collections during fiscal year 2018 and shall remain
available until expended for the development and maintenance
of an international legal information database and activities
related thereto: Provided, That the Library of Congress may
not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount
authorized for obligation or expenditure in appropriations
Acts: Provided further, That the total amount available for
obligation shall be reduced by the amount by which
collections are less than $6,350,000: Provided further, That,
of the total amount appropriated, not more than $12,000 may
be expended, on the certification of the Librarian of
Congress, in connection with official representation and
reception expenses for the Overseas Field Offices: Provided
further, That, of the total amount appropriated, $8,653,000
shall remain available until expended for the digital
collections and educational curricula program: Provided
further, That, of the total amount appropriated, $1,300,000
shall remain available until expended for upgrade of the
Legislative Branch Financial Management System.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$72,011,000, of which not more than $35,218,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2018 under
section 708(d) of title 17, United States Code: Provided,
That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$6,087,000 shall be derived from collections during fiscal
year 2018 under sections 111(d)(2), 119(b)(3), 803(e), 1005,
and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the
amount by which collections are less than $41,305,000:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property
laws and policies: Provided further, That $2,260,000 shall be
derived from prior year unobligated balances: Provided
further, That not more than $6,500 may be expended, on the
certification of the Librarian of Congress, in connection
with official representation and reception expenses for
activities of the International Copyright Institute and for
copyright delegations, visitors, and seminars: Provided
further, That, notwithstanding any provision of chapter 8 of
title 17, United States Code, any amounts made available
under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to
sections 111, 119, and chapter 10 of such title may be used
for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of
salaries and benefits for the Copyright Royalty Judges and
staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $111,474,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$50,248,000: Provided, That, of the total amount
appropriated, $650,000 shall be available to contract to
provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 1201. (a) In General.--For fiscal year 2018, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$190,642,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to
be distributed without charge to the recipient, $79,528,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal
years: Provided further, That notwithstanding the 2-year
limitation under section 718 of title 44, United States Code,
none of the funds appropriated or made available under this
Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44,
United States Code, may be expended to print a document,
report, or publication after the 27-month period beginning on
the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of
title 44, United States Code: Provided further, That any
unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may
be transferred to the Government Publishing Office Business
Operations Revolving Fund for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That notwithstanding sections 901, 902, and
906 of title 44, United States Code, this appropriation may
be used to prepare indexes to the Congressional Record on
only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the
Office of Superintendent of Documents necessary to provide
for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress,
other Government agencies, and designated depository and
international exchange libraries as authorized by law,
$29,000,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized
for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2016 and 2017 to
depository and other designated libraries: Provided further,
That any unobligated or unexpended balances in this account
or accounts for similar purposes for preceding fiscal years
may be transferred to the Government Publishing Office
Business Operations Revolving Fund for carrying out the
purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $8,540,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with law, and
to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out
the programs and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office
Business Operations Revolving Fund: Provided further, That
not more than $7,500 may be expended on the certification of
the Director of the Government Publishing Office in
connection with official representation and reception
expenses: Provided further, That the business operations
revolving fund shall be available for the hire or purchase of
not more than 12 passenger motor vehicles: Provided further,
That expenditures in connection with travel expenses of the
advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further,
That the business operations revolving fund shall be
available for temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further,
That activities financed through the business operations
revolving fund may provide information in any format:
Provided further, That the business operations revolving fund
and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used
for contracted security services at the Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the
[[Page H7018]]
United States in connection with official representation and
reception expenses; temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level IV of the Executive
Schedule under section 5315 of such title; hire of one
passenger motor vehicle; advance payments in foreign
countries in accordance with section 3324 of title 31, United
States Code; benefits comparable to those payable under
sections 901(5), (6), and (8) of the Foreign Service Act of
1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations
prescribed by the Comptroller General of the United States,
rental of living quarters in foreign countries, $544,505,919:
Provided, That, in addition, $23,800,000 of payments received
under sections 782, 791, 3521, and 9105 of title 31, United
States Code, shall be available without fiscal year
limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other
department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental
Audit Forum shall be available to finance an appropriate
share of either Forum's costs as determined by the respective
Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to
the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially
financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $5,600,000:
Provided, That funds made available to support Russian
participants shall only be used for those engaging in free
market development, humanitarian activities, and civic
engagement, and shall not be used for officials of the
central government of Russia.
John C. Stennis Center for Public Service Training and Development
For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116
of the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2018
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929
(46 Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members,
officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of
the House of Representatives shall be the permanent law with
respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices
of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval
of the Capitol Police Board, guided tours of the United
States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or
otherwise subject to restriction for security or related
reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
references to act
Sec. 208. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
references to report
Sec. 209. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-199. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 210. $0.
Sec. 211. None of the funds made available by this Act may
be used to deliver a printed copy of the Federal Register to
the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the
Congress), unless a printed copy is requested by the Member
(or Delegate or Resident Commissioner).
This division may be cited as the ``Legislative Branch
Appropriations Act, 2018''.
DIVISION K--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2018, and
for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $923,994,000, to remain available until
September 30, 2022: Provided, That, of this amount, not to
exceed $101,470,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,558,085,000, to remain available until September 30, 2022:
Provided, That, of this amount, not to exceed $219,069,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,540,474,000, to
remain available until September 30, 2022: Provided, That,
of this amount, not to exceed $97,852,000 shall be available
for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the
Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,791,272,000,
to remain available until September 30, 2022: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
[[Page H7019]]
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That, of the
amount, not to exceed $185,717,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$210,652,000, to remain available until September 30, 2022:
Provided, That, of the amount, not to exceed $16,271,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$161,491,000, to remain available until September 30, 2022:
Provided, That, of the amount, not to exceed $18,000,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $73,712,000, to remain
available until September 30, 2022: Provided, That, of the
amount, not to exceed $6,887,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $65,271,000, to remain available until September 30,
2022: Provided, That, of the amount, not to exceed
$4,430,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $63,535,000, to remain
available until September 30, 2022: Provided, That, of the
amount, not to exceed $4,725,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That, the Chief of the Air Force Reserve shall take immediate
action to address unfunded military construction requirements
for access control points and security issues at Air Force
Reserve facilities.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $177,932,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$290,867,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$182,662,000, to remain available until September 30, 2022.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $346,625,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $83,682,000, to remain available until September 30,
2022.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $328,282,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$85,062,000, to remain available until September 30, 2022.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $318,324,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $59,169,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $2,726,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Department of Defense Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $623,000, to remain available until
expended, for unaccompanied housing initiatives undertaken
pursuant to section 2883 of title 10, United States Code,
providing alternative means of acquiring and improving
military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available
[[Page H7020]]
in annual Acts making appropriations for military
construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $15,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 125. For an additional amount for the accounts and in
the amounts specified, to remain available until September
30, 2022:
``Military Construction, Army'', $43,800,000;
``Military Construction, Navy and Marine Corps'',
$126,900,000;
``Military Construction, Air Force'', $70,300,000;
``Military Construction, Army National Guard'',
$56,000,000;
``Military Construction, Army Reserve'', $56,000,000;
``Military Construction, Air National Guard'', $41,900,000;
and
``Military Construction, Air Force Reserve'', $44,100,000:
Provided, That such funds may only be obligated to carry
out construction projects identified in the respective
military department's unfunded priority list for fiscal year
2018 submitted to Congress by the Secretary of Defense:
Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to
carry out construction: Provided further, That not later
than 30 days after enactment of this Act, the Secretary of
the military department concerned, or his or her designee,
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this section.
(rescissions of funds)
Sec. 126. Of the unobligated balances available to the
Department of Defense from prior
[[Page H7021]]
appropriation Acts, the following funds are hereby rescinded
from the following accounts in the amounts specified:
``Military Construction, Army'', $10,000,000;
``Military Construction, Navy and Marine Corps'',
$10,000,000;
``Military Construction, Defense-Wide'', $27,440,000;
``North Atlantic Treaty Organization Security Investment
Program'', $25,000,000;
``Family Housing Construction, Army'', $18,000,000;
``Family Housing Construction, Navy and Marine Corps'',
$8,000,000; and
``Family Housing Construction, Air Force'', $20,000,000:
Provided, That no amounts may be rescinded from amounts
that were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Sec. 127. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 128. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $95,768,462,000, to remain available until expended and
to become available on October 1, 2018: Provided, That not
to exceed $17,882,000 of the amount made available for fiscal
year 2019 under this heading shall be reimbursed to ``General
Operating Expenses, Veterans Benefits Administration'', and
``Information Technology Systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $11,832,175,000, to remain available
until expended and to become available on October 1, 2018:
Provided, That expenses for rehabilitation program services
and assistance which the Secretary is authorized to provide
under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and
(11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $121,529,000, which shall be in addition to remain
available until expended, which shall be in addition to funds
previously appropriated under this heading that became
available on October 1, 2017, of which $109,090,000 shall
become available on October 1, 2018.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That, during fiscal year 2018, within the resources
available, not to exceed $500,000 in gross obligations for
direct loans are authorized for specially adapted housing
loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $178,626,000.
vocational rehabilitation loans program account
For the cost of direct loans, $30,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,356,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $395,000, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,894,000,000 (increased by
$5,000,000): Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that
the Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That, of the funds made available under this heading, not to
exceed 5 percent shall remain available until September 30,
2019.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital
care and medical services authorized by section 1787 of title
38, United States Code; $1,031,808,000 (reduced by
$1,031,808,000) (increased by $1,031,808,000) (reduced by
$2,500,000) (increased by $2,500,000) (reduced by $2,000,000)
(increased by $2,000,000) (reduced by $5,000,000) (increased
by $5,000,000), which shall be in addition to funds
previously appropriated under this heading that became
available on October 1, 2017; and, in addition,
$49,161,165,000, plus reimbursements, shall become available
on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That, of the amount made
available on October 1, 2018, under this heading,
$1,400,000,000 shall remain available until September 30,
2020: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $254,000,000 (reduced by
$5,000,000) (increased by $5,000,000), which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2017; and, in addition,
$8,384,704,000, plus reimbursements, shall become available
on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That of the amount made
available on October 1, 2018, under this heading,
$2,000,000,000 shall remain available until September 30,
2022.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of
[[Page H7022]]
title 38, United States Code, and the Federal Medical Care
Recovery Act (42 U.S.C. 2651 et seq.), $284,397,000, which
shall be in addition to funds previously appropriated under
this heading that became available on October 1, 2017; and,
in addition, $7,239,156,000, plus reimbursements, shall
become available on October 1, 2018, and shall remain
available until September 30, 2019: Provided, That, of the
amount made available on October 1, 2018, under this heading,
$100,000,000 shall remain available until September 30, 2020.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services; $1,079,795,000, which
shall be in addition to funds previously appropriated under
this heading that became available on October 1, 2017; and,
in addition, $5,914,288,000, plus reimbursements, shall
become available on October 1, 2018, and shall remain
available until September 30, 2019: Provided, That, of the
amount made available on October 1, 2018, under this heading,
$250,000,000 shall remain available until September 30, 2020.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $698,228,000,
plus reimbursements, shall remain available until September
30, 2019.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $306,193,000, of which not
to exceed 10 percent shall remain available until September
30, 2019.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $346,891,000
(reduced by $5,000,000), of which not to exceed 5 percent
shall remain available until September 30, 2019: Provided,
That funds provided under this heading may be transferred to
``General Operating Expenses, Veterans Benefits
Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $156,096,000, of which not to exceed 10 percent
shall remain available until September 30, 2019.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $4,135,500,000, plus reimbursements: Provided,
That $1,230,320,000 shall be for pay and associated costs, of
which not to exceed $36,000,000 shall remain available until
September 30, 2019: Provided further, That $2,486,650,000
shall be for operations and maintenance, of which not to
exceed $174,000,000 shall remain available until September
30, 2019: Provided further, That $418,530,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2019: Provided further, That amounts made available for
information technology systems development, modernization,
and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project:
Provided further, That amounts made available for salaries
and expenses, operations and maintenance, and information
technology systems development, modernization, and
enhancement may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development,
modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further,
That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further,
That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to
define data standards, code sets, and value sets used to
enable interoperability: Provided further, That, of the
funds made available for information technology systems
development, modernization, and enhancement for the
development of an electronic health record, not more than 25
percent may be obligated or expended until the Secretary of
Veterans Affairs submits to the Committees on Appropriations
of both Houses of Congress:
(1) a detailed explanation of the solicitation submitted to
Cerner Corporation for development of an electronic health
record for the Department of Veterans Affairs;
(2) an explanation of how the electronic health record
would replicate the Military Health System (MHS) Genesis
record developed by Cerner for the Department of Defense, as
well as the enhanced capabilities the Department of Veterans
Affairs requires to achieve complete interoperability with
the Department of Defense system and non-Department of
Veterans Affairs providers who participate in the Department
of Veterans Affairs healthcare system;
(3) a strategic plan for development of the electronic
health record system, an associated implementation plan
including timelines and performance milestones, a master
schedule and annual and life-cycle cost estimates;
(4) information on plans to maintain current functionality
and integration with Department of Defense records during the
transition to MHS Genesis; and
(5) Department of Veterans Affairs plans to manage the
transition process to MHS Genesis, including possible pilot
programs, training for users, and use of change management
tools:
Provided further, That the funds made available under this
heading for information technology systems development,
modernization, and enhancement, shall be for the projects,
and in the amounts, specified under this heading in the
report accompanying this Act.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $160,106,000, of which not to exceed 10 percent shall
remain available until September 30, 2019.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$410,530,000, of which $372,000,000 shall remain available
until September 30, 2022, and of which $38,530,000 shall
remain available until expended: Provided, That except for
advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, including
portfolio development and management activities, and
investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those
capital investments funded through this account and
contracting officers who manage specific major construction
projects, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration
through the land acquisition line item, none of the funds
made available under this heading shall be used for any
project that has not been notified to Congress through the
budgetary process or that has not been approved by the
Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to
the President at the time of enrollment: Provided further,
That funds made available under this heading for fiscal year
2018, for each approved project shall be obligated: (1) by
the awarding of a construction documents contract by
September 30, 2018; and (2) by the
[[Page H7023]]
awarding of a construction contract by September 30, 2019:
Provided further, That the Secretary of Veterans Affairs
shall promptly submit to the Committees on Appropriations of
both Houses of Congress a written report on any approved
major construction project for which obligations are not
incurred within the time limitations established above:
Provided further, That, of the amount made available under
this heading, $117,300,000 for Veterans Health Administration
major construction projects shall not be available until the
Department of Veterans Affairs--
(1) enters into an agreement with an appropriate non-
Department of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total
Estimated Cost of $100,000,000 or above by providing full
project management services, including management of the
project design, acquisition, construction, and contract
changes, consistent with section 502 of Public Law 114-58;
and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both
Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $342,570,000, to remain available until September 30,
2022, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $90,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2018 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2018, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support
and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2017.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2018, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program
during fiscal year 2018 that are available for dividends in
that program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2018 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management,
the Office of Employment Discrimination Complaint
Adjudication, the Office of Accountability Review, the
Central Whistleblower Office, the Office of Diversity and
Inclusion, and the Office of the Executive Director of
Accountability and Whistleblower Protection, for all services
provided at rates which will recover actual costs but not to
exceed $47,668,000 for the Office of Resolution Management,
$3,932,000 for the Office of Employment Discrimination
Complaint Adjudication, $10,057,000 for the Office of
Accountability Review, $6,646,000 for the Central
Whistleblower Office, $2,973,000 for the Office of Diversity
and Inclusion, and $917,000 for the Office of the Executive
Director of Accountability and Whistleblower Protection:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems''
accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party
[[Page H7024]]
reimbursement information for purposes of section 1729 of
such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the
reasonable charges for such care or services from any person
who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services
provided in a prior fiscal year may be obligated by the
Secretary during the fiscal year in which amounts are
received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations
which are party to the Alaska Native Health Compact with the
Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term
``rural Alaska'' shall mean those lands which are not within
the boundaries of the municipality of Anchorage or the
Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and
``National Cemetery Administration'' accounts for fiscal year
2018 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers
may not result in a more than 10 percent aggregate increase
in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided
further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2018 for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to
$297,137,000, plus reimbursements, may be transferred to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided,
That additional funds may be transferred from accounts
designated in this section to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress: Provided further, That section 222
of title II of division A of Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2017
(Public Law 114-223) is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2018,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $306,378,000, plus reimbursements, may be
transferred to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities
as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds
may be transferred from accounts designated in this section
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a
minimum of $15,000,000 shall be transferred to the DOD-VA
Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That
the Secretary shall notify the Committees on Appropriations
of both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 225. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying Public Law 114-223:
Provided further, That the report shall also include
information on the number of appeals pending at the Veterans
Benefits Administration as well as the Board of Veterans
Appeals on a quarterly basis.
Sec. 227. Of the amounts made available for fiscal year
2018 for the ``Medical Services'' and ``Medical Support and
Compliance'' accounts, not more than $226,012,000 shall be
available to develop an electronic health record: Provided,
That not more than 25 percent of the amount made available
for such purpose may be obligated or expended until the
Secretary of Veterans Affairs submits to the Committees on
Appropriations of both House of Congress a detailed
explanation of the activities to develop the Military Health
System Genesis electronic health record to be funded by the
Veterans Health Administration rather than the Office of
Information Technology, a timeline for completion, master
schedule, performance milestones, and annual and life-cycle
[[Page H7025]]
Veterans Health Administration cost estimates.
Sec. 228. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 229. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $2,000,000.
(including transfer of funds)
Sec. 230. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2018 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2018, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 231. Amounts made available for the Department of
Veterans Affairs for fiscal year 2018, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
Sec. 232. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $5,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
(rescissions of funds)
Sec. 233. Of the discretionary funds made available in
Public Law 114-223 for the Department of Veterans Affairs for
fiscal year 2018, $313,730,000 are rescinded from ``Medical
Services'', $63,282,000 are rescinded from ``Medical Support
and Compliance'', and $22,960,000 are rescinded from
``Medical Facilities''.
Sec. 234. The amounts otherwise made available by this Act
for the following accounts of the Department of Veterans
Affairs are hereby reduced by the following amounts:
(1) ``Veterans Health Administration--Medical and
Prosthetic Research'', $6,823,000.
(2) ``National Cemetery Administration'', $3,003,000.
(3) ``Departmental Administration--General
Administration'', $3,600,000.
(4) ``Departmental Administration--Board of Veterans
Appeals'', $1,579,000.
(5) ``Departmental Administration--General Operating
Expenses, Veterans Benefits Administration'', $35,470,000.
(6) ``Departmental Administration--Information Technology
Systems'', $18,997,000.
(7) ``Departmental Administration--Office of Inspector
General'', $1,716,000.
Sec. 235. (a) The Secretary of Veterans Affairs shall
ensure that the toll-free suicide hotline under section
1720F(h) of title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at
the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
Sec. 236. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA)
hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services
at existing Veterans Health Administration medical facilities
located in Veterans Integrated Service Network 8 or 23 as
part of a planned realignment of VA services until the
Secretary provides to the Committees on Appropriations of
both Houses of Congress a report including the following
elements:
(1) a national realignment strategy that includes a
detailed description of realignment plans within each
Veterans Integrated Services Network (VISN), including an
updated Long Range Capital Plan to implement realignment
requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other
outsourced services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings'
condition and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation
Act; and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in
VISN 23, or any other VISN, which have been authorized or
approved by Congress.
Sec. 237. Section 8109(b) of title 38, United States Code,
is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) notwithstanding subsection (a) of section 1344 of
title 31, may use a passenger carrier (as such term is
defined in subsection (h)(1) of such section) to transport
such an employee between a parking facility and the medical
facility of the Department at which the employee works.''.
Sec. 238. None of the funds made available to the
Secretary of Veterans Affairs by this or any other Act may be
obligated or expended in contravention of the ``Veterans
Health Administration Clinical Preventive Services Guidance
Statement on the Veterans Health Administration's Screening
for Breast Cancer Guidance'' published on May 10, 2017, as
issued by the Veterans Health Administration National Center
for Health Promotion and Disease Prevention.
Sec. 239. (a) Notwithstanding any other provision of law,
the amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of
a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States
Code, who has a service-connected disability that results in
the inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement such
policy, including any limitations on the amount of such
benefits available to such a member except that--
(A) the time periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(B) such term includes embryo cryopreservation and storage
without limitation on the duration of such cryopreservation
and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under
the same terms as apply under the
[[Page H7026]]
adoption reimbursement program of the Department of Defense,
as authorized in Department of Defense Instruction 1341.09,
including the reimbursement limits and requirements set forth
in such instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the
requirements for funds contained in section 508 of division H
of the Consolidated Appropriations Act, 2017 (Public Law 115-
31).
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$75,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
(including transfer of funds)
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$33,600,000: Provided, That of the amount, $800,000 shall be
transferred to the General Services Administration for
planning and design of a courthouse: Provided further, That
$2,580,000 shall be available for the purpose of providing
financial assistance as described and in accordance with the
process and reporting procedures set forth under this heading
in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official
reception and representation expenses, $78,800,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2020. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$64,300,000, of which $1,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi: Provided, That of the amounts made
available under this heading from funds available in the
Armed Forces Retirement Home Trust Fund, $22,000,000 shall be
paid from the general fund of the Treasury to the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'',
may be provided to Arlington County, Virginia, for the
relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for
ground burials.
Sec. 302. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $147,158,000, to remain available until September 30,
2022, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $31,890,000, to remain available until
September 30, 2022, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $434,652,000, to remain available until September 30,
2022, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $24,300,000, to remain available until
September 30, 2022, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 504. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 507. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used by the Department
[[Page H7027]]
of Defense or the Department of Veterans Affairs to lease or
purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with
Presidential Memorandum--Federal Fleet Performance, dated May
24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control
of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
references to act
Sec. 513. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
reference to report
Sec. 514. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-188. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 515. $0.
Sec. 516. The amounts otherwise provided by this Act are
revised by reducing the amount made available for
``Department of Veterans Affairs--Departmental
Administration--Information Technology Services'' (and the
amount specified under such heading for operations and
maintenance), and by increasing the amount made available in
fiscal year 2018 for ``Veterans Health Administration--
Medical Services'', by $2,500,000 and $2,000,000,
respectively.
Sec. 517. None of the funds made available by this Act may
be used by the Secretary of Veterans Affairs in contravention
of subchapter III of chapter 20 of title 38, United States
Code.
Sec. 518. None of the funds made available by this Act may
be used to charge a veteran a fee for a veterans
identification card pursuant to section 5706(c) of title 38,
United States Code, if the veteran uses form DD-214 to apply
for the identification card and indicates on the form that
the veteran is ``homeless''.
Sec. 519. None of the funds made available by this Act may
be used to propose, plan for, or execute a new or additional
Base Realignment and Closure (BRAC) round.
Sec. 520. (a) None of the funds appropriated or otherwise
made available by this Act may be used by the Secretary of
Veterans Affairs to purchase, breed, transport, house, feed,
maintain, dispose of, or experiment on dogs as part of the
conduct of any study assigned to pain category D or E, as
defined by the Department of Agriculture.
(b) This section shall not apply to training programs or
studies of service dogs described in section 1714 of title 38
United States Code or section 17.148 of title 38 of the Code
of Federal Regulations.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2018''.
DIVISION L--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for energy and water
development and related agencies for the fiscal year ending
September 30, 2018, and for other purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects, and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations, and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $105,000,000 (increased by
$1,000,000), to remain available until expended: Provided,
That the Secretary shall initiate six new study starts during
fiscal year 2018: Provided further, That the new study starts
shall consist of five studies where the majority of the
benefits are derived from navigation transportation savings
or from flood and storm damage reduction and one study where
the majority of benefits are derived from environmental
restoration: Provided further, That the Secretary shall not
deviate from the new starts proposed in the work plan, once
the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $1,697,000,000 (reduced by $10,000,000)
(increased by $10,000,000) (reduced by $10,000,000)
(increased by $10,000,000) (reduced by $45,000,000)
(increased by $45,000,000) (increased by $500,000), to remain
available until expended; of which such sums as are necessary
to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities
program shall be derived from the Harbor Maintenance Trust
Fund as authorized by Public Law 104-303; and of which such
sums as are necessary to cover one-half of the costs of
construction, replacement, rehabilitation, and expansion of
inland waterways projects shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically
provided for in law: Provided, That the Secretary may
initiate up to, but not more than, two new construction
starts during fiscal year 2018: Provided further, That the
new construction starts shall consist of two projects where
the majority of the benefits are derived from navigation
transportation savings, flood and storm damage reduction, or
environmental restoration: Provided further, That for new
construction projects, project cost sharing agreements shall
be executed as soon as practicable but no later than August
31, 2018: Provided further, That no allocation for a new
start shall be considered final and no work allowance shall
be made until the Secretary provides to the Committees on
Appropriations of both Houses of Congress an out-year funding
scenario demonstrating the affordability of the selected new
starts and the impacts on other projects: Provided further,
That the Secretary may not deviate from the new starts
proposed in the work plan, once the plan has been submitted
to the Committees on Appropriations of both Houses of
Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$301,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $3,519,000,000 (increased by
$325,000) (reduced by $500,000) (increased by $500,000), to
remain available until expended, of which such sums as are
necessary to cover the Federal share of eligible operation
and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become
available from the special account for the Corps of Engineers
established by the Land and Water Conservation Fund Act of
1965 shall be derived from that account for resource
protection, research, interpretation, and maintenance
activities related to resource protection in the areas at
which outdoor recreation is available; and of which such sums
as become available from fees collected under section 217 of
Public Law 104-303 shall be used to cover the cost of
operation and maintenance of the dredged material disposal
facilities for which such fees have been collected: Provided,
That 1 percent of the total amount of funds provided for each
of the programs, projects, or activities funded under this
heading shall not be allocated to a field operating activity
prior to the beginning of the fourth quarter of the fiscal
year and shall be available for
[[Page H7028]]
use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be
necessary and appropriate, and that the Chief of Engineers
shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities
proportionally in accordance with the amounts provided for
the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$200,000,000, to remain available until September 30, 2019.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $118,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $32,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works
program, $181,000,000 (reduced by $1,000,000) (reduced by
$325,000) (reduced by $500,000), to remain available until
September 30, 2019, of which not to exceed $5,000 may be used
for official reception and representation purposes and only
during the current fiscal year: Provided, That no part of any
other appropriation provided in this title shall be available
to fund the civil works activities of the Office of the Chief
of Engineers or the civil works executive direction and
management activities of the division offices: Provided
further, That any Flood Control and Coastal Emergencies
appropriation may be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other
natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$4,764,000, to remain available until September 30, 2019:
Provided, That not more than 75 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of
the additional funding provided under each heading in this
title (as designated under such heading in the report of the
Committee on Appropriations accompanying this Act) to
specific programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in this title
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $2,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $2,000,000 or 10 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or
activity authorized under section 205 of the Flood Control
Act of 1948, section 14 of the Flood Control Act of 1946,
section 208 of the Flood Control Act of 1954, section 107 of
the River and Harbor Act of 1960, section 103 of the River
and Harbor Act of 1962, section 111 of the River and Harbor
Act of 1968, section 1135 of the Water Resources Development
Act of 1986, section 206 of the Water Resources Development
Act of 1996, or section 204 of the Water Resources
Development Act of 1992.
(c) The Corps of Engineers shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed
between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not
later than 60 days after the date of enactment of this Act.
Sec. 102. None of the funds made available in this title
may be used to award or modify any contract that commits
funds beyond the amounts appropriated for that program,
project, or activity that remain unobligated, except that
such amounts may include any funds that have been made
available through reprogramming pursuant to section 101.
Sec. 103. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $5,400,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers
projects.
Sec. 104. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material,
after evaluating the least costly, environmentally acceptable
manner for the disposal or management of dredged material
originating from Lake Erie or tributaries thereto, unless it
is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341); Provided further, That until an
open lake placement alternative for dredged material is
approved under a State water quality certification, the Corps
of Engineers shall continue upland placement of such dredged
material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 105. None of the funds made available in this title
may be used for any acquisition that is not consistent with
48 CFR 225.7007.
Sec. 106. None of the funds made available by this Act may
be used to carry out any water supply reallocation study
under the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
Sec. 107. Notwithstanding section 404(f)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(f)(2)), none of
the funds made available by this Act may be used to require a
permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) for the activities identified in subparagraphs (A) and
(C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A),
(C)).
Sec. 108. (a) Authorization.--The Administrator of the
Environmental Protection Agency and the Secretary of the Army
may withdraw the Waters of the United States rule without
regard to any provision of statute or regulation that
establishes a requirement for such withdrawal.
(b) Effect of Withdrawal.--Except as otherwise provided by
any Act or rule that takes effect after the date of enactment
of this Act, if the Administrator of the Environmental
Protection Agency and the Secretary of the Army withdraw the
Waters of the United States rule under subsection (a), the
Administrator and Secretary shall implement the provisions of
law under which such rule was issued in accordance with the
regulations and guidance in effect under such provisions
immediately before the effective date of such rule.
(c) Definitions.--In this section the term ``Waters of the
United States rule'' means the final rule issued by the
Administrator of the Environmental Protection Agency and the
Secretary of the Army entitled ``Clean Water Rule: Definition
of `Waters of the United States' '' on June 29, 2015 (80 Fed.
Reg. 37053).
Sec. 109. As of the date of enactment of this Act and each
fiscal year thereafter, the Secretary of the Army shall not
promulgate or enforce any regulation that prohibits an
individual from possessing a firearm, including an assembled
or functional firearm, at a water resources development
project covered under section 327.0 of title 36, Code of
Federal Regulations (as in effect on the date of enactment of
this Act), if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $8,983,000, to remain available until
expended, of which $898,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by
the Utah Reclamation Mitigation and Conservation Commission:
Provided, That of the amount provided under this heading,
$1,450,000 shall be available until September 30, 2019, for
expenses necessary in carrying out related responsibilities
of the Secretary of the Interior: Provided further, That for
fiscal year 2018, of the amount made available to the
Commission under this Act or any other Act, the Commission
may use an amount not to exceed $1,500,000 for administrative
expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $1,091,790,000, to remain available until
expended, of which $67,693,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$5,551,000 shall be
[[Page H7029]]
available for transfer to the Lower Colorado River Basin
Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund: Provided,
That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further,
That of the total appropriated, the amount for program
activities that can be financed by the Reclamation Fund or
the Bureau of Reclamation special fee account established by
16 U.S.C. 6806 shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the
funds were contributed: Provided further, That funds advanced
under 43 U.S.C. 397a shall be credited to this account and
are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That
of the amounts provided herein, funds may be used for high-
priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $41,376,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water
for in-stream purposes if the water is already committed to
in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$37,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until September 30, 2019,
$59,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in this title
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits--
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program,
project, or activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed
between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not
later than 60 days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. None of the funds in this Act shall be available
to implement the Stipulation of Settlement (Natural Resources
Defense Council, et al. v. Kirk Rodgers, et al., Eastern
District of California, No. Civ. 9 S-88-1658 LKK/GGH) or
subtitle A of title X of Public Law 111-11.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $1,103,908,000
(reduced by $48,000,000) (increased by $48,000,000) (reduced
by $1,000,000) (increased by $1,000,000) (reduced by
$33,400,000) (increased by $15,000,000), to remain available
until expended: Provided, That of such amount, $125,849,000
shall be available until September 30, 2019, for program
direction.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $218,500,000, to
remain available until expended: Provided, That of such
amount, $27,500,000 shall be available until September 30,
2019, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $969,000,000, to remain available until
expended: Provided, That of such amount, $70,000,000 shall be
available until September 30, 2019, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition of interest,
including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological
investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3,
1602, and 1603), $634,600,000 (increased by $33,400,000), to
remain available until expended: Provided, That of such
amount $60,000,000 shall be available until September 30,
2019, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $4,900,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, unobligated funds
remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
[[Page H7030]]
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.), $252,000,000,
to remain available until expended: Provided, That as
authorized by section 404 of the Bipartisan Budget Act of
2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary
of Energy shall draw down and sell not to exceed $350,000,000
of crude oil from the Strategic Petroleum Reserve in fiscal
year 2018: Provided further, That the proceeds from such
drawdown and sale shall be deposited into the ``Energy
Security and Infrastructure Modernization Fund'' during
fiscal year 2018 and shall be made available and shall remain
available until expended for necessary expenses in carrying
out the Life Extension II project for the Strategic Petroleum
Reserve.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $6,500,000, to remain available
until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$118,000,000, to remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $222,400,000, to
remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954 and title X,
subtitle A, of the Energy Policy Act of 1992, $768,000,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $32,959,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 16 passenger motor
vehicles for replacement only, including one ambulance and
one bus, $5,392,000,000 (increased by $1,200,000), to remain
available until expended: Provided, That of such amount,
$177,000,000 shall be available until September 30, 2019, for
program direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear
waste disposal activities to carry out the purposes of the
Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended (hereinafter referred to as the ``NWPA''), including
the acquisition of any real property or facility
construction, or expansion, $90,000,000, to remain available
until expended, and to be derived from the Nuclear Waste
Fund: Provided, That of the funds made available in this Act
for nuclear waste disposal and defense nuclear waste disposal
activities, 1.62 percent shall be provided to the Office of
the Attorney General of the State of Nevada solely for
expenditures, other than salaries and expenses of State
employees, to conduct scientific oversight responsibilities
and participate in licensing activities pursuant to the NWPA:
Provided further, That of the funds made available in this
Act for nuclear waste disposal and defense nuclear waste
disposal activities, 2.91 percent shall be provided to
affected units of local government, as defined in the NWPA,
to conduct appropriate activities and participate in
licensing activities under Section 116(c) of the NWPA:
Provided further, That of the amounts provided to affected
units of local government, 7.5 percent of the funds provided
for the affected units of local government shall be made
available to affected units of local government in California
with the balance made available to affected units of local
government in Nevada for distribution as determined by the
Nevada affected units of local government: Provided further,
That of the funds made available in this Act for nuclear
waste disposal and defense nuclear waste disposal activities,
0.16 percent shall be provided to the affected Federally-
recognized Indian tribes, as defined in the NWPA, solely for
expenditures, other than salaries and expenses of tribal
employees, to conduct appropriate activities and participate
in licensing activities under section 118(b) of the NWPA:
Provided further, That of the funds made available in this
Act for nuclear waste disposal and defense nuclear waste
disposal activities, 3.0 percent shall be provided to Nye
County, Nevada, 0.05 percent shall be provided to Clark
County, Nevada, and 0.46 percent shall be provided to the
State of Nevada as payment equal to taxes under section
116(c)(3) of the NWPA: Provided further, That within 90 days
of the completion of each Federal fiscal year, the Office of
the Attorney General of the State of Nevada, each affected
Federally-recognized Indian tribe, and each of the affected
units of local government shall provide certification to the
Department of Energy that all funds expended from such
payments have been expended for activities authorized by the
NWPA and this Act: Provided further, That failure to provide
such certification shall cause such entity to be prohibited
from any further funding provided for similar activities:
Provided further, That none of the funds herein appropriated
may be: (1) used for litigation expenses; or (2) used for
interim storage activities; or (3) used to support multi-
State efforts or other coalition building activities
inconsistent with the restrictions contained in this Act:
Provided further, That all proceeds and recoveries realized
by the Secretary in carrying out activities authorized by the
NWPA, including but not limited to any proceeds from the sale
of assets, shall be credited to this account, to remain
available until expended, for carrying out the purposes of
this account.
Title 17 Innovative Technology Loan Guarantee Program
(including rescissions of funds)
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy
Act of 2005 (42 U.S.C. 16512(b)) under this heading in prior
Acts, shall be collected in accordance with section 502(7) of
the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses to carry out this Loan
Guarantee program, $2,000,000 is appropriated, to remain
available until September 30, 2019: Provided further, That
$2,000,000 of the fees collected pursuant to section 1702(h)
of the Energy Policy Act of 2005 shall be credited as
offsetting collections to this account to cover
administrative expenses and shall remain available until
expended, so as to result in a final fiscal year 2018
appropriation from the general fund estimated at not more
than $0: Provided further, That fees collected under section
1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until
appropriated: Provided further, That the Department of Energy
shall not subordinate any loan obligation to other financing
in violation of section 1702 of the Energy Policy Act of 2005
or subordinate any Guaranteed Obligation to any loan or other
debt obligations in violation of section 609.10 of title 10,
Code of Federal Regulations: Provided further, That of the
subsidy amounts provided by section 1425 of the Department of
Defense and Full-Year Continuing Appropriations Act, 2011
(Public Law 112-10; 125 Stat. 126), for the cost of loan
guarantees for renewable energy or efficient end-use energy
technologies under section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513), $160,660,000 is hereby rescinded:
Provided further, That the authority provided in prior year
appropriations Acts for commitments to guarantee loans under
title XVII of the Energy Policy Act of 2005, excluding
amounts for commitments made by October 1, 2017, is hereby
rescinded.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $5,000,000, to remain available
until September 30, 2019.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$500,000, to remain available until September 30, 2019.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $281,693,000 (reduced by $1,200,000)
(reduced by $15,000,000) (reduced by $1,000,000) (increased
by $1,000,000), to remain available until September 30, 2019,
including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000,
plus such additional amounts as necessary to cover increases
in the estimated amount of cost of work for others
notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in cost
of work are offset by revenue increases of the same or
greater amount: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total
$96,000,000 in fiscal year 2018 may be retained and used for
operating expenses within this account, as authorized by
section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final
fiscal year 2018 appropriation from the general fund
estimated at not more than $185,693,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978,
[[Page H7031]]
$49,000,000, to remain available until September 30, 2019.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $10,239,344,000
(reduced by $10,000,000) (increased by $10,000,000), to
remain available until expended: Provided, That of such
amount, $105,600,000 shall be available until September 30,
2019, for program direction.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $1,825,461,000, to
remain available until expended: Provided, That funds
provided by this Act for Project 99-D-143, Mixed Oxide Fuel
Fabrication Facility, and by prior Acts that remain
unobligated for such Project, may be made available only for
construction and project support activities for such Project:
Provided further, That of the unobligated balances from
prior year appropriations available under this heading,
$49,000,000 is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,486,000,000, to remain
available until expended, of which, $82,500,000 shall be
transferred to ``Department of Energy--Energy Programs--
Nuclear Energy'', for the Advanced Test Reactor: Provided,
That of such amount, $46,651,000 shall be available until
September 30, 2019, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $412,595,000,
to remain available until September 30, 2019, including
official reception and representation expenses not to exceed
$12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, $5,405,000,000, to
remain available until expended: Provided, That of such
amount, $300,000,000 shall be available until September 30,
2019, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $825,000,000, to remain available until
expended: Provided, That of such amount, $284,400,000 shall
be available until September 30, 2019, for program direction.
Defense Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear
waste disposal activities to carry out the purposes of the
Nuclear Waste Policy Act of 1982, as amended, including the
acquisition of real property or facility construction or
expansion, $30,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount
not to exceed $5,000: Provided, That during fiscal year 2018,
no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, including transmission wheeling and
ancillary services, pursuant to section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $6,379,000, including official
reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944, up to $6,379,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2018
appropriation estimated at not more than $0: Provided
further, That notwithstanding 31 U.S.C. 3302, up to
$51,000,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $30,288,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $18,888,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at
not more than $11,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $10,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $232,276,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $230,251,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $138,904,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at
not more than $93,372,000, of which $91,347,000 is derived
from the Reclamation Fund: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $179,000,000 collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
[[Page H7032]]
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$4,176,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $3,948,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at
not more than $228,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2018, the
Administrator of the Western Area Power Administration may
accept up to $872,000 in funds contributed by United States
power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been
specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further
appropriation and without fiscal year limitation for use by
the Commissioner of the United States Section of the
International Boundary and Water Commission for the sole
purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these
Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception
and representation expenses not to exceed $3,000, and the
hire of passenger motor vehicles, $367,600,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $367,600,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2018 shall be retained and used
for expenses necessary in this account, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
revenues are received during fiscal year 2018 so as to result
in a final fiscal year 2018 appropriation from the general
fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity
or to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of both Houses of Congress at
least 3 full business days in advance, none of the funds made
available in this title may be used to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including
a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days
of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less
than $1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear
cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the report of the Committee on
Appropriations accompanying this Act.
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of
any proposed reprogramming that would cause any program,
project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial
risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3
days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under
paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2018 until the enactment of the Intelligence
Authorization Act for fiscal year 2018.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified
as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of
Enterprise Assessments to ensure the project is in compliance
with nuclear safety requirements.
Sec. 304. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 305. (a) None of the funds made available in this or
any prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new
contracts with, or new agreements for Federal assistance to,
the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in
subsection (a) if the Secretary determines that such activity
is in the national security interests of the United States.
This waiver authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective
until 15 days after the date on which the Secretary submits
to the Committees on Appropriations of both Houses of
Congress, in classified form if necessary, a report on the
justification for the waiver.
Sec. 306. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination
by the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope
and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such
shortage, and that a draw down and sale of refined petroleum
product would assist directly and significantly in reducing
the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the
Strategic Petroleum Reserve. Proceeds from a sale under
[[Page H7033]]
this section shall be deposited into the SPR Petroleum
Account established in section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247), and such amounts shall be
available for obligation, without fiscal year limitation,
consistent with that section.
Sec. 307. (a) Drawdown and Sale.--Notwithstanding section
161 of the Energy Policy and Conservation Act (42 U.S.C.
6241), and in addition to sales authorized in sections 403
and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241;
42 U.S.C. 6239 note) and section 5010 of the 21st Century
Cures Act (42 U.S.C. 6241 note), the Secretary of Energy
shall draw down and sell up to $8,400,000 of crude oil from
the Strategic Petroleum Reserve during this fiscal year.
(b) Proceeds.--Proceeds from a sale under this section
shall be deposited into the SPR Petroleum Account during this
fiscal year and shall be available for the costs of crude oil
sales authorized in sections 403 and 404 of the Bipartisan
Budget Act of 2015 (42 U.S.C. 6241; 42 U.S.C. 6239 note) and
section 5010 of the 21st Century Cures Act (42 U.S.C. 6241
note), to remain available until expended.
(c) Emergency Protection.--The Secretary shall not draw
down and sell crude oil under this section in amounts that
would limit the authority to sell petroleum products under
section 161(h) of the Energy Policy and Conservation Act (42
U.S.C. 6241(h)) in the full amount authorized by that
subsection.
Sec. 308. (a) New Regional Reserves.--The Secretary of
Energy may not establish any new regional petroleum product
reserve unless funding for the proposed regional petroleum
product reserve is explicitly requested in advance in an
annual budget submission and approved by the Congress in an
appropriations Act.
(b) The budget request or notification shall include--
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the reserve.
Sec. 309. Of the amounts made available under this title,
not more than $267,901,000 may be transferred to the working
capital fund established under section 653 of the Department
of Energy Organization Act (42 U.S.C. 7263).
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $130,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by chapter
21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.),
$30,600,000, to remain available until September 30, 2019.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382C(b)(2), 382F(d), 382M, and 382N of said Act, $15,000,000,
to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses,
$11,000,000, to remain available until expended,
notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds
shall be available for construction projects in an amount not
to exceed 80 percent of total project cost for distressed
communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law
105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided
further, That notwithstanding any other provision of law
regarding payment of a non-Federal share in connection with a
grant-in-aid program, amounts under this heading shall be
available for the payment of such a non-Federal share for
programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $5,000,000, to remain
available until expended: Provided, That such amounts shall
be available for administrative expenses, notwithstanding
section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $250,000, to remain
available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $939,137,000, including official
representation expenses not to exceed $25,000, to remain
available until expended, of which $30,000,000 shall be
derived from the Nuclear Waste Fund: Provided, That of the
amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs
for the Office of the Commission, to remain available until
September 30, 2019, of which, notwithstanding section
201(a)(2)(c) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(2)(c)), the use and expenditure shall only be
approved by a majority vote of the Commission: Provided
further, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$779,829,000 in fiscal year 2018 shall be retained and used
for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That of the amounts
appropriated under this heading, not less than $10,000,000
shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies,
and $16,200,000 shall be for international activities, except
that the amounts provided under this proviso shall not be
derived from fee revenues, notwithstanding 42 U.S.C. 2214:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2018 so as to result in a final fiscal year 2018
appropriation estimated at not more than $159,308,000:
Provided further, That of the amounts appropriated under this
heading, $10,000,000 shall be for university research and
development in areas relevant to the Commission's mission,
and $5,000,000 shall be for a Nuclear Science and Engineering
Grant Program that will support multiyear projects that do
not align with programmatic missions but are critical to
maintaining the discipline of nuclear science and
engineering.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $12,859,000, to remain available until September 30,
2019: Provided, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$10,555,000 in fiscal year 2018 shall be retained and be
available until September 30, 2019, for necessary salaries
and expenses in this account, notwithstanding section 3302 of
title 31, United States Code: Provided further, That the sum
herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2018 so as to result in
a final fiscal year 2018 appropriation estimated at not more
than $2,304,000: Provided further, That of the amounts
appropriated under this heading, $1,131,000 shall be for
Inspector General services for the Defense Nuclear Facilities
Safety Board, which shall not be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,600,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2019.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of chapter VI of its Internal
Commission Procedures when responding to Congressional
requests for information.
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall
notify the Committees on Appropriations of both Houses of
Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program funding level to
increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this
Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but
not later than 3 days after the date of the activity to which
a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver
and changes to funding levels to programs, projects, or
activities.
(c) Except as provided in subsections (a), (b), and (d),
the amounts made available by this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be
expended as directed in the report of the Committee on
Appropriations accompanying this Act.
[[Page H7034]]
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or
activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any
authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to
another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
report of the Committee on Appropriations accompanying this
Act, or any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 505. None of the funds made available by this Act may
be used to further implementation of the coastal and marine
spatial planning and ecosystem-based management components of
the National Ocean Policy developed under Executive Order No.
13547 of July 19, 2010.
Sec. 506. None of the funds made available by this Act may
be used for the removal of any federally owned or operated
dam unless the removal was previously authorized by Congress.
Sec. 507. None of the funds made available by this Act may
be used to conduct closure of adjudicatory functions,
technical review, or support activities associated with the
Yucca Mountain geologic repository license application, or
for actions that irrevocably remove the possibility that
Yucca Mountain may be a repository option in the future.
references to act
Sec. 508. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
reference to report
Sec. 509. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-230. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.
spending reduction account
Sec. 510. $0.
Sec. 511. None of the funds made available by this
division may be used for the Cape Wind Energy Project on the
Outer Continental Shelf off Massachusetts, Nantucket Sound.
Sec. 512. For ``Department of Energy--Electricity Delivery
and Energy Reliability'' for energy storage systems
demonstrations as authorized by section 641 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17231),
there is hereby appropriated, and the amount otherwise
provided by this Act for ``Department of Energy--Departmental
Administration'' is hereby reduced by, $10,000,000.
Sec. 513. None of the funds made available by this Act may
be used in contravention of section 2102 of the Water
Resources Reform and Development Act of 2014 or section 210
of the Water Resources Development Act of 1986.
Sec. 514. None of the funds made available under title I
of division D of this Act may be used to require an economic
re-evaluation of any project authorized under title VIII of
the Water Resources Development Act of 2007.
Sec. 515. The amounts otherwise provided by this Act are
revised by reducing the amount made available for ``Corps of
Engineers-Civil--Investigations'', and increasing the amount
made available for the same account, by $3,000,000.
Sec. 516. The amounts otherwise provided by this Act are
revised by reducing the amount made available for ``Corps of
Engineers-Civil--Construction'', and increasing the amount
made available for the same account, by $100,000,000.
Sec. 517. None of the funds made available by this Act for
``Department of Energy--Energy Programs--Science'' may be
used in contravention of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.).
Sec. 518. None of the funds made available by this Act may
be used to prepare, propose, or promulgate any regulation or
guidance that references or relies on the analysis contained
in--
(1) ``Technical Support Document: Social Cost of Carbon for
Regulatory Impact Analysis Under Executive Order 12866'',
published by the Interagency Working Group on Social Cost of
Carbon, United States Government, in February 2010;
(2) ``Technical Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact Analysis Under
Executive Order 12866'', published by the Interagency Working
Group on Social Cost of Carbon, United States Government, in
May 2013 and revised in November 2013;
(3) ``Revised Draft Guidance for Federal Departments and
Agencies on Consideration of Greenhouse Gas Emissions and the
Effects of Climate Change in NEPA Reviews'', published by the
Council on Environmental Quality on December 24, 2014 (79
Fed. Reg. 77801);
(4) ``Technical Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact Analysis Under
Executive Order 12866'', published by the Interagency Working
Group on Social Cost of Carbon, United States Government, in
July 2015;
(5) ``Addendum to the Technical Support Document on Social
Cost of Carbon for Regulatory Impact Analysis Under Executive
Order 12866: Application of the Methodology to Estimate the
Social Cost of Methane and the Social Cost of Nitrous
Oxide'', published by the Interagency Working Group on Social
Cost of Greenhouse Gases, United States Government, in August
2016; or
(6) ``Technical Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact Analysis Under
Executive Order 12866'', published by the Interagency Working
Group on Social Cost of Greenhouse Gases, United States
Government, in August 2016.
Sec. 519. None of the funds made available in this
division may be used--
(1) to implement or enforce section 430.32(x) of title 10,
Code of Federal Regulations; or
(2) to implement or enforce the standards established by
the tables contained in section 325(i)(1)(B) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with
respect to BPAR incandescent reflector lamps, BR incandescent
reflector lamps, and ER incandescent reflector lamps.
This Act may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2018''.
DIVISION M--DEPARTMENT OF HOMELAND SECURITY BORDER INFRASTRUCTURE
CONSTRUCTION APPROPRIATION ACT, 2018
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of Homeland Security for the fiscal year ending September 30,
2018, namely:
U.S. Customs and Border Protection
procurement, construction, and improvements
For necessary expenses for U.S. Customs and Border
Protection for procurement, construction, and improvements,
$1,571,239,000, to remain available until September 30, 2020,
which shall be available as follows:
(1) $784,000,000 for 32 miles of new border bollard fencing
in the Rio Grande Valley, Texas.
(2) $498,000,000 for 28 miles of new bollard levee wall in
the Rio Grande Valley, Texas.
(3) $251,000,000 for 14 miles of secondary fencing in San
Diego, California.
(4) $38,239,000 for planning for border wall construction.
TITLE I--GENERAL PROVISIONS
references to act
Sec. 101. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
[[Page H7035]]
This Act may be cited as the ``Department of Homeland
Security Border Infrastructure Construction Appropriations
Act, 2018''.
{time} 1830
The Acting CHAIR. Are there any points of order against the bill?
For what purpose does the gentleman from Virginia seek recognition?
Point of Order
Mr. GOODLATTE. Mr. Chairman, I raise a point of order against the
provision beginning with the colon on page 327, line 22, and continuing
through the word ``crime'' on page 328, line 2, of the Rules Committee
print because it violates clause 2 of House rule XXI. Under clause 2(b)
of rule XXI, a provision that changes existing law may not be reported
in a general appropriations bill.
Section 510 of Division C provides that 5 percent of the amounts
available for obligation from the Department of Justice's Crime Victims
Fund be made available for grants to Indian tribal governments in
fiscal year 2018. This provision violates rule XXI because it changes
existing law. The Victims of Crime Act already provides a statutory
distribution formula of the Crime Victims Fund for fiscal year 2018.
Section 510 would change the formula. This statutory formula is
squarely in the jurisdiction of the Judiciary Committee.
As this amendment would change current law by altering a statutory
formula, it is a violation of clause 2(b) of rule XXI.
Therefore, I insist on my point of order.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
The Chair is prepared to rule.
The Chair finds that this provision explicitly supersedes existing
law.
The provision, therefore, constitutes legislation in violation of
clause 2 of rule XXI.
The point of order is sustained, and the provision is stricken from
the bill.
Are there any other points of order against the bill?
For what purpose does the gentleman from Texas seek recognition?
Point of Order
Mr. HENSARLING. Mr. Chairman, I raise a point of order against the
following provision of H.R. 3354 for failure to comply with clause 2 of
rule XXI:
Beginning with the semicolon on page 535, line 12, through ``(12
U.S.C. 3907(b)(2).'' on page 536, line 14.
This provision proposes to change existing law by altering the
Federal Reserve's conduct of the Comprehensive Capital Analysis and
Review regime.
This constitutes legislation on an appropriations bill in violation
of clause 2 of rule XXI. I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on this
point of order?
If not, the Chair is prepared to rule.
The Chair finds that this provision directly amends existing law.
The provision, therefore, constitutes legislation in violation of
clause 2 of rule XXI.
The point of order is sustained, and the provision is stricken from
the bill.
Are there any other points of order against the bill?
For what purpose does the gentleman from Texas seek recognition?
Point of Order
Mr. HENSARLING. Mr. Chair, I raise a point of order against section
7080 of H.R. 3354 for failure to comply with clause 2 of rule XXI.
This provision proposes to directly amend existing law by changing
the statutory quorum requirement of the Export-Import Bank.
This constitutes legislation on an appropriations bill in violation
of clause 2 of rule XXI. I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
If not, the Chair is prepared to rule.
The Chair finds that this section directly amends existing law.
The section, therefore, constitutes legislation in violation of
clause 2 of rule XXI.
The point of order is sustained, and the section is stricken from the
bill.
For what purpose does the gentlewoman from California seek
recognition?
Ms. MAXINE WATERS of California. Mr. Chair, I appeal the ruling of
the Chair, and I seek time to debate the appeal.
The Acting CHAIR. The question is, Shall the decision of the Chair
stand as the judgment of the Committee?
The Chair recognizes the gentlewoman from California for 5 minutes to
debate the appeal.
Ms. MAXINE WATERS of California. Mr. Chairman, I must say, I am
deeply disappointed by the sinister attempt being made here today to
strip a critical Republican-led amendment from this appropriations bill
that would thwart the will of overwhelming majorities in both Houses
and undermine the work of the job-creating Export-Import Bank.
As of the end of 2016, as many as 50 major transactions, with an
aggregate value of nearly $40 billion, had piled up in the Bank's
approval pipeline. And according to the Ex-Im Bank, if approved, these
transactions would support more than 100,000 jobs in the United States.
The longer we wait, the greater the risk that these pending
transactions will be withdrawn and sourced by our foreign competitors
and the greater the likelihood that jobs that would have otherwise
supported here in the United States will move offshore.
The chairman of the Financial Services Committee claims that striking
this amendment would have ``no budgetary effect'' but this is hardly
the case. President Trump's own fiscal year 2018 budget estimates that
a fully functional Export-Import Bank would generate $587.7 million in
excess funds in the next fiscal year.
The Acting CHAIR. The gentlewoman will suspend.
The gentlewoman is reminded that debate on the appeal must be
confined to the question of whether the Chair's ruling should be
sustained or not and not the substance of the underlying section.
The gentlewoman is still recognized but must confine her remarks to
the appeal itself.
Ms. MAXINE WATERS of California. Mr. Chair, I would like to continue
to appeal the ruling of the Chair.
I hardly think it is in order, and I would ask the Chair to rule the
request by Chairman Hensarling as not in violation.
The Acting CHAIR. The question is again, Shall the decision of the
Chair stand as the judgment of the Committee?
The question was taken; and the Acting Chair announced that the ayes
had it.
The Acting CHAIR. The decision of the Chair stands as the judgment of
the Committee.
No further amendment to the bill, as amended, shall be in order
except those printed in part B of House Report 115-295, amendments en
bloc described in section 3 of House Resolution 500, and pro forma
amendments described in section 4 of that resolution.
Each further amendment printed in part B of the report shall be
considered only in the order printed in the report, may be offered only
by a Member designated in the report, shall be considered as read,
shall be debatable for the time specified in the report equally divided
and controlled by the proponent and an opponent, may be withdrawn by
the proponent at any time before action thereon, shall not be subject
to amendment except as provided by section 4 of House Resolution 500,
and shall not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Appropriations or his designee to offer amendments en bloc consisting
of further amendments printed in part B of the report not earlier
disposed of. Amendments en bloc shall be considered as read, shall be
debatable for 20 minutes equally divided and controlled by the chair
and ranking minority member of the Committee on Appropriations or their
designees, shall not be subject to amendment, except as provided by
section 4 of House Resolution 500, and shall not be subject to a demand
for division of the question.
During consideration of the bill for amendment, the chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to 20 pro forma amendments each at any point for
the purpose of debate.
It is now in order to consider amendment No. 1 printed in part B of
House Report 115-295.
Amendments En Bloc No. 1 Offered by Mr. Aderholt of Alabama
Mr. ADERHOLT. Mr. Chairman, pursuant to House Resolution 500, as the
designee of Chairman Frelinghuysen, I offer amendments en bloc.
=========================== NOTE ===========================
September 6, 2017, on page H7035, the following appeared: Mr.
ADERHOLT. Mr. Chairman, pursuant to House Resolution 500, I offer
The online version has been corrected to read: Mr. ADERHOLT. Mr.
Chairman, pursuant to House Resolution 500, as the designee of
Chairman Frelinghuysen, I offer
========================= END NOTE =========================
[[Page H7036]]
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 1, 2, 3, 4, 5,
6, 7, 8, 9, 13, 19, and 20 printed in part B of House Report 115-295,
offered by Mr. Aderholt of Alabama:
amendment no. 1 offered by mr. curbelo of florida
Page 141, line 23, after the first dollar amount, insert
``(reduced by $1,500,000)''.
Page 142, line 11, after the dollar amount, insert
``(reduced by $1,500,000)''.
Page 142, line 12, after the dollar amount, insert
``(reduced by $1,500,000)''.
Page 147, line 21, after the dollar amount, insert
``(increased by $1,500,000)''.
amendment no. 2 offered by mr. graves of louisiana
Page 141, line 23, after the first dollar amount, insert
``(reduced by $400,000)''.
Page 142, line 11, after the dollar amount, insert
``(reduced by $400,000)''.
Page 142, line 12, after the dollar amount, insert
``(reduced by $400,000)''.
Page 153, line 10, after the first dollar amount, insert
``(increased by $400,000)''.
Page 153, line 10, after the second dollar amount, insert
``(increased by $400,000)''.
amendment no. 3 offered by mr. soto of florida
Page 144, line 4 after the first dollar amount, insert
``(decreased by $1,000,000)''.
Page 153, line 10, after the first dollar amount, insert
``(increased by $1,000,000)''.
Page 154, line 1, after the dollar amount, insert
``(increased by $1,000,000)''.
amendment no. 4 offered by mr. bera of california
Page 146, line 12, after dollar amount, insert ``(decreased
by $2,000,000)''.
Page 167, line 12, after dollar amount, insert ``(increased
by $2,000,000)''.
amendment no. 5 offered by mr. mast of florida
Page 147, line 6, after the dollar amount, insert
``(reduced by $5,563,000)''.
Page 166, line 19, after the dollar amount, insert
``(increased by $5,563,000)''.
amendment no. 6 offered by mr. mast of florida
Page 150, Line 5, after the dollar amount insert
``(increased by $2,000,000)''.
Page 156, Line 13, after the dollar amount insert
``(reduced by $2,000,000)''.
amendment no. 7 offered by mr. nolan of minnesota
Page 170, line 12, after the dollar amount, insert
``(reduced by $479,000)''.
Page 185, line 17, after the dollar amount, insert
``(increased by $479,000)''.
amendment no. 8 offered by mr. mast of florida
Page 198, line 22, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 199, line 10, after the dollar amount, insert
``(reduced by $1,500,000)''.
amendment no. 9 offered by mr. young of iowa
Page 244, strike line 23 and all that follows through page
245, line 6.
amendment no. 13 offered by ms. jackson lee of texas
At the end of division B (before the short title), insert
the following:
Sec. __. For an additional amount for ``Department of
Agriculture--National Institute of Food and Agriculture--
Research and Education Activities'', for the award of
teaching, research, and extension capacity building grants at
certain colleges and universities, as authorized by section
1417(b)(4) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3152(b)(4)), there
is hereby appropriated, and the amount otherwise provided by
this Act for ``Department of Agriculture--Office of the Chief
Information Officer'' is hereby reduced by, $500,000.
amendment no. 19 offered by ms. moore of wisconsin
At the end of division B (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used in contravention of--
(1) section 9(b)(10) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(10)); or
(2) section 245.8 of title 7, Code of Federal Regulations.
amendment no. 20 offered by mr. soto of florida
Page 141, line 23, after the first dollar amount, insert
``(decreased by $600,000)''.
Page 142, line 19, after the dollar amount, insert
``(decreased by $600,000)''.
Page 163, line 9, after the dollar amount, insert
``(increased by $500,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Alabama (Mr. Aderholt) and the gentleman from Georgia (Mr. Bishop)
each will control 10 minutes.
The Chair recognizes the gentleman from Alabama.
Mr. ADERHOLT. Mr. Chairman, I reserve the balance of my time.
Mr. BISHOP of Georgia. Mr. Chairman, I wanted to note a few concerns
with items in the en bloc amendment. I am not opposing it, but I want
to lay down some markers.
On the amendment by the gentleman from Florida relating to ag
research, my major concern about the amendment is that the intent is,
in effect, to earmark USDA competitive research grants. That really is
a no-no. USDA's Agriculture and Food Research Initiative is one of the
jewels in our bill. We have built up funding for it over time and have
zealously protected it against any efforts by Congress to say what
research is and is not funded.
The agency in charge, the National Institute of Food and Agriculture,
has a complex internal process for deciding what areas to focus on, and
that is free from political interference. For AFRI to retain its
credibility, we must not start micromanaging that process and
specifying research areas and amounts, as the amendment does.
My other concern is that cutting the Agricultural Marketing Service
by $2 million is not a wise choice. In many ways, AMS is the little
engine that could. Of critical importance to many Members on both sides
of the aisle is its role in overseeing the National Organic Program and
the Specialty Crops Program.
Similarly, on the gentleman's NRCS amendment, I want to point out
that cutting the National Agricultural Statistics Service, as the
amendment would do, is not a good idea. NASS is USDA's premier
statistics agency.
Anyone in the agriculture business can tell you that statistics are
extremely important to farmers, to ranchers, and industry. NASS
produces information on production and prices for virtually every crop
grown in the United States, and the major livestock categories,
floraculture, organic farming, farm income, land values, and even
computer usage on farms; so this is an important agency that needs
every penny that we give it.
The amendments relating to watershed and flood prevention operations
and specialty crops for Members on my side of the aisle, unfortunately,
make reductions to the Offices of General Counsel and the Chief
Economist, both very important parts of USDA.
Again, I do not oppose the en bloc amendment, but I did want to make
these points.
Mr. Chairman, I reserve the balance of my time.
Mr. ADERHOLT. Mr. Chairman, I yield 5 minutes to the gentleman from
Louisiana (Mr. Graves).
Mr. GRAVES of Louisiana. Mr. Chairman, I want to thank the gentleman
from Alabama and the gentleman from New Jersey for their help.
The coast of Louisiana has experienced extraordinary challenges over
the last several decades--everything from the management of the
Mississippi River system through levees, the BP oil spill, and now, an
invasive end sector scale on some of the vegetation in coastal
Louisiana.
When you add up the cumulative impact of all of these things, our
State has lost about 2,000 square miles of our coast. That is 2,000
square miles that the Gulf of Mexico has encroached upon; that is 2,000
square miles where our communities are much more vulnerable now to
hurricanes. And we are certainly all sensitive to that with Hurricane
Harvey just hitting our State and Texas, and Hurricane Irma currently
headed toward the mainland of the United States.
An amendment that was agreed to as part of this en bloc package
simply transfers $400,000 from an administrative account to research
through APHIS, to study this invasive scale. And this may sound like
some small issue that doesn't matter, but it is causing significant
impact, to the tune of square miles of additional coastal loss in
Louisiana that is going to make our communities that much more
vulnerable and cause significant environmental impact.
So I want to thank the gentleman from Alabama and the gentleman from
New Jersey for their assistance and including our amendment today that
is going to ensure that we can research this, that we can find a
solution, and that we can be proactive and prevent additional loss and
additional assault on the coast of Louisiana.
Mr. BISHOP of Georgia. Mr. Chairman, let me just inquire how much
time I have remaining.
The Acting CHAIR. The gentleman from Georgia has 7\1/2\ minutes
remaining.
Mr. BISHOP of Georgia. Mr. Chair, I yield 2 minutes to the
gentlewoman from Wisconsin (Ms. Moore).
[[Page H7037]]
{time} 1845
Ms. MOORE. Mr. Chair, my amendment would protect the National School
Lunch Act's current prohibition against discrimination or overt
identification of any pupil for their inability to pay for their school
lunches, a practice called lunch shaming.
Mr. Chair, I know what it is like to be both hungry and ashamed at
lunchtime, because I had no lunch money. I couldn't wait until mock
chicken day because that was the day that kids didn't like it and they
would let me eat their unwanted food.
I starved at school, and today, as a Member of Congress, I am
speaking out against lunch shaming, which should not occur in the
United States of America. Certainly lunch shaming should not occur with
embarrassing tactics of school administrators, like marking a child
with a lunch money stamp or serving them a cold cheese sandwich instead
of the nutritious hot meal received by their peers, or, remarkably,
denying them food because they have no money.
Denying children food is definitely child abuse and neglect, and the
school district is doing this while children are in their custody
during school hours. I couldn't do anything about this as a child, but
I am proud to be standing here today as a Member of Congress saying
that this practice must end.
My amendment simply reinforces current law that states: ``There shall
be no physical segregation or any other discrimination against any
child eligible for a free lunch or reduced-price lunch, nor shall there
be any overt identification of any child by special tokens or tickets
or any other means.''
I am just wanting to reinforce what is already on the books. I would
urge adoption of this amendment. And if allowed, I think that this body
should go further and take up H.R. 2401 sponsored by my colleague,
Representative Michelle Lujan Grisham of New Mexico, which has been the
first State to ban the practice of lunch shaming.
Please vote for this amendment.
Mr. ADERHOLT. Mr. Chair, I yield back the balance of my time.
Mr. BISHOP of Georgia. Mr. Chair, I yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Chair, I thank the gentleman from Georgia for
his leadership, and the manager of this appropriations process.
I cannot start a discussion of my particular amendment, very
briefly--and I thank my colleagues for the amendment being included in
the en bloc--without again mentioning the devastation in the Gulf Coast
region and the need that we have on all aspects of recovery, and will
look forward to an effective investment for the long haul.
My amendment contributes to that aspect, and that is that the
amendment makes a modest $500,000 increase to the National Institute of
Food and Agriculture's Research and Education Activities account. The
intent of the amendment is to enable the NIFA to increase funding by
$500,000 to 1890 institutions, which are HBCU land grant colleges, to
support education, research, and scholarship at HBCUs.
The amendment is paid for by an offset of $944,000 in the chief
information officer account. The offset is budget neutral and reduces
outlays by $1 million, according to the CBO.
This particular amendment supports the work of the National Institute
of Food and Agriculture by making a modest increase that will help our
land grant colleges. It will help our land grant colleges in the
context of them contributing, one, to a better understanding of food
deserts, better understanding of expanding opportunities for research,
economic analysis, extension in higher education, and it also will be
supportive of colleges that, in many instances, are impacted by natural
disasters. The HBCUs have been leaders in agricultural research.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. BISHOP of Georgia. Mr. Chair, I yield an additional 1 minute to
the gentlewoman.
Ms. JACKSON LEE. Some of the colleges that I am speaking of will be
major contributors in the concept of expanded food access for many of
our communities.
Mr. Chair, I want to thank the gentleman for extending the time to
me. The amendment is a good amendment and it would benefit rural,
suburban, and urban areas by maximizing the potential for farming
activity in those areas where green space is limited or land is
underused. Again, the combination of agricultural fighting against food
deserts, which many of my constituents are facing now after Hurricane
Harvey, is an important extended impact that I think will be helpful as
we go forward.
I thank my colleagues for their support of the Jackson Lee amendment
No. 13.
Mr. BISHOP of Georgia. Mr. Chair, I yield back the balance of my
time.
Mr. CURBELO of Florida. Mr. Chair, on August 26, 2015, several
Oriental Fruit Flies were found in South Miami-Dade County, Florida.
The discovery of this pest was cause for serious concern, as the very
destructive Oriental Fruit Fly has been known to infest over 430 kinds
of fruits and vegetables, including main crops grown in Florida like
avocado, mango, tomato, squash, and peppers. Unlike other states,
Florida's farm production provides essential produce during, and
immediately following, each winter season, and the spread of this pest
can have a devastating impact on our nation's food supply.
In coordination with state and federal officials, a quarantine was
implemented in October 2015 to cover 98 square-miles in South Miami-
Dade County. Through the dedicated work of officials at USDA and
Florida Department of Agriculture, there have been no new discoveries
of flies. The quarantine was lifted in February 2016.
While the quarantine was absolutely necessary to ensure complete
eradication of the Fly, it had a devastating effect on the farmers
located in the designated area. We cannot let an outbreak like this
happen again.
A better understanding of how this pest spreads in our region would
help lessen the impact of this threat. The $1.5 million my amendment
provides to the USDA's Agricultural Research Service would go towards
studying inspection breakdowns at ports of entry, how weather patterns
influence the migration of Oriental Fruit Flies, and other factors are
essential in discerning effective mitigation strategies. This is a
small, but smart investment to help protect Florida's $120 billion
agriculture industry.
I urge all my colleagues to support my amendment.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Alabama (Mr. Aderholt).
The en bloc amendments were agreed to.
Amendment No. 10 Offered by Mr. Cicilline
The Acting CHAIR. It is now in order to consider amendment No. 10
printed in part B of House Report 115-295.
Mr. CICILLINE. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 245, strike line 7 and all that follows through
``Executive Order 13547.''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Rhode Island (Mr. Cicilline) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. CICILLINE. Mr. Chair, I want to thank my colleagues: Congressman
Beyer, Congressman Langevin, Congresswoman Bonamici, Congressman
Keating, Congressman Ted Lieu, and Congressman Schneider, who are
cosponsors of this amendment.
This amendment would strike the harmful provision that prevents
implementation of the National Ocean Policy. The National Ocean Policy
has helped guide ocean management for over 7 years. NOP offers an
opportunity to develop commonsense tools to manage the ocean economy.
The Regional Ocean Council allows States throughout the Northeast to
pool resources, strengthen the voice of businessowners, and facilitate
coordination with Federal partners.
The National Ocean Policy allows Federal agencies to coordinate
implementation of over 100 ocean laws and allows State and local
governments to have a say in the ocean planning process.
My home State of Rhode Island, the Ocean State, has benefited greatly
from the National Ocean Policy, and I want to take a moment to
acknowledge the extraordinary leadership of my colleague, Senator
Sheldon Whitehouse, who has championed this effort.
As one example, with help from the National Ocean Policy, the Block
Island Wind Farm was successfully completed and today is powering an
estimated 17,000 homes.
[[Page H7038]]
The Northeast depends on clean water for fishing, shipping,
recreation, and tourism. Estuaries like Narragansett Bay, Cape Cod Bay,
Buzzards Bay, and Long Island Sound need relevant data on water quality
to guide future decisions and management actions. It is a terrible idea
to undermine the development of good ocean policy and efforts to
protect water quality.
The National Ocean Policy does not create any new regulations,
supersede existing regulations, or modify any agency's established
mission, jurisdiction, or authority. Instead, it helps to coordinate
the implementation of current regulations by Federal agencies to
establish a more effective and efficient decisionmaking process.
NOP gives life to a vision of stewardship through the thoughtful
implementation of regulations and coordination in protecting our
treasured oceans.
Mr. Chair, I urge my colleagues to support this amendment and to
strike this ill-advised provision.
Mr. Chair, I reserve the balance of my time.
Mr. ADERHOLT. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Alabama is recognized for 5
minutes.
Mr. ADERHOLT. Mr. Chair, the executive order on National Ocean Policy
is an Obama administration policy. It lacks clear statutory authority.
Instead of streamlining Federal management, it potentially adds layers
of additional bureaucracy and Federal overreach.
The National Ocean Policy has the potential to harm both terrestrial
and marine economic values by affecting sectors such as agriculture,
fishing, construction, manufacturing, oil, gas, and renewable energy,
among others.
This body has taken the position in the past to pause the
implementation of the executive order on the National Ocean Policy as
this uncertainty continues around the meaning of the policy, how will
we implement it, and the unintended consequences.
The policy was developed unilaterally by the prior administration
without involving or consulting with Congress.
Additionally, the Natural Resources Committee has expressed concern
about the policy, as did a letter signed by over 80 groups supporting
the provision in the underlying bill. We are not saying that ocean
policy in general does not make sense or is something that we could not
support.
My home State of Alabama is a coastal State. All I am saying is that
I think we need to revisit this policy, take a bottom-up approach by
working with stakeholders, and have something work its way through
Congress.
Working to resolve ocean management challenges should be nonpartisan
and something that this Congress could achieve; therefore, I oppose the
amendment and I urge my colleagues to do the same.
Mr. Chair, I reserve the balance of my time.
Mr. CICILLINE. Mr. Chair, may I inquire how much time I have?
The Acting CHAIR. The gentleman from Rhode Island has 3 minutes
remaining.
Mr. CICILLINE. Mr. Chair, I yield 1\1/2\ minutes to the gentleman
from the great State of Rhode Island (Mr. Langevin), my distinguished
senior colleague.
Mr. LANGEVIN. Mr. Chairman, I thank the gentleman for yielding me
time.
Mr. Chairman, once again we are on the House floor debating ocean
planning. The reality is that comprehensive ocean planning works. We
have done it in Rhode Island, and we have done it throughout the
Northeast region. Ocean planning is a success because it brings
everyone to the table. Everyone is part of the dialogue and the
conversation.
The process forces cooperation and compromise by, again, opening
dialogue among fishermen, scientists, boaters, and others.
There is an impression, by the way, from some of my colleagues that
ocean planning is a Federal land grab of the oceans. Well, it is
anything but. It is about local control done at the regional level--
something many of my colleagues across the aisle often like to support.
Mr. Chairman, we can't turn back the clock on our oceans by allowing
this rider to remain in the bill. We have come too far. I want to
commend the work of the sponsors of this amendment. I also want to
commend my colleague, Senator Sheldon Whitehouse, across the aisle, who
has done so much work to preserve the oceans, including creating the
National Endowment for the Oceans Act.
Mr. Chairman, in the past we have driven species to the point of
extension, destroyed natural habitat, and driven our oceans to the
brink. I implore my colleagues not to take us back to that era. Please
support this amendment and support ocean planning.
Mr. ADERHOLT. Mr. Chair, I reserve the balance of my time.
Mr. CICILLINE. Mr. Chair, I yield 45 seconds to the distinguished
gentleman from Illinois (Mr. Schneider).
Mr. SCHNEIDER. Mr. Chairman, I rise today as a proud cosponsor of
this amendment.
This amendment is significant not only to our oceans, but to our
Great Lakes. The Great Lakes contain a fifth of the world's freshwater
and are a magnificent natural wonder. They are critical to our economy
and the quality of life in my district and in many States.
The National Ocean Policy helps protect the integrity of the Great
Lakes' ecosystem. However, this bill would undermine the National Ocean
Policy and the ability of agencies to coordinate with States, local
governments, and other agencies to protect these beautiful waters.
If we are to sustain our national, ecological, and environmental
health, and its natural beauty and precious resources, we must protect
the National Ocean Policy. That is why I support this amendment, and I
urge my colleagues to do the same.
Mr. ADERHOLT. Mr. Chair, I reserve the balance of my time.
Mr. CICILLINE. Mr. Chair, I yield the balance of my time to the
distinguished gentleman from Georgia (Mr. Bishop).
Mr. BISHOP of Georgia. Mr. Chair, I thank the gentleman for yielding
me time.
Mr. Chair, I find it troubling that Congress, having enacted numerous
laws governing the oceans and coasts, and having put 11 departments and
4 different agencies in charge of administering those laws, now seems
to pause in the effort to bring consistency to that process.
The USDA has an extremely limited role in ocean policy, and it is so
little that I often wonder why the majority feels it necessary to stop
it.
I also wonder why anyone in a rural area would want the USDA's voice
to be excluded from any discussion of policy. Shouldn't the interests
of the farmers and the ranchers who are served by the USDA be taken
into consideration?
Mr. Chair, I support the amendment and I urge a ``yes'' vote.
The Acting CHAIR. The time of the gentleman from Rhode Island has
expired.
Mr. ADERHOLT. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Rhode Island (Mr. Cicilline).
The amendment was agreed to.
{time} 1900
The Acting CHAIR. It is now in order to consider amendment No. 11
printed in part B of House Report 115-295.
The Acting CHAIR. It is now in order to consider amendment No. 12
printed in part B of House Report 115-295.
Amendment No. 14 Offered by Mr. Rodney Davis of Illinois
The Acting CHAIR. It is now in order to consider amendment No. 14
printed in part B of House Report 115-295.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division B (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to revoke an exception made--
(1) pursuant to the rule entitled ``Exceptions to
Geographic Areas for Official Agencies Under the USGSA''
published by the Department of Agriculture in the Federal
Register on April 18, 2003 (68 Fed. Reg. 19139); and
[[Page H7039]]
(2) on a date before April 14, 2017.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Illinois (Mr. Rodney Davis) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Illinois.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chair, I rise today to offer this amendment which would prevent
the Grain Inspection, Packers & Stockyards Administration from using
any funds to revoke service agreements--also known as exceptions--in
place before April 14, 2017.
At its core, this amendment, supported by my colleague, Congresswoman
Cheri Bustos, is about reinforcing congressional intent, preventing
further mismanagement, promoting good customer service--corrections we
must make due to a bureaucratic failure at GIPSA.
Mr. Chairman, in the U.S., grain handlers are assigned a USDA-
approved inspection agency based upon the grain handlers' geographic
location. To utilize official inspection services, grain handlers must
go through their assigned official inspection agency unless they apply
for and receive an exception from GIPSA. Only with an exception may
grain handlers receive services from an alternate inspection agency
outside of their assigned territory.
During the drafting of the 2015 Agriculture Reauthorizations Act, one
of my priorities was to provide for more opportunities for these
exceptions to be considered and granted. That legislation passed this
Chamber by a voice vote and included a provision which created a new
process by which grain handlers could petition GIPSA for an exception.
When it was signed into law, I felt the provision accomplished my
goal to provide grain handlers with greater opportunities to utilize
exceptions.
In July of 2016, GIPSA reaffirmed my initial pleasure with the
provision when it released its final rule governing the new exception
process stating: ``GIPSA currently has 95 agreements for agencies to
operate outside of their assigned territories and GIPSA will continue
to honor those agreements.''
So imagine my surprise and disappointment when, in April of this
year, GIPSA contradicted itself and released a directive opening a back
door for official grain inspection agencies to revoke those 95 service
agreements.
As a result of this directive, an official inspection agency can now
unilaterally request that GIPSA or the USDA revoke a service agreement
with neither the grain handler nor the alternate inspection agency
having a say in the process.
This runs contrary to the original intent of the legislation, which
was to provide grain handlers with greater opportunities to utilize
exceptions, not less.
By supporting my amendment today, we can temporarily halt this
misinterpretation. As it stands, GIPSA's interpretation of the law has
caused many grain handlers to lose their service agreements--even
though these grain handlers have operated under these exceptions for
years.
This includes my constituent Scott Docherty of Topflight Grain
Cooperative in Monticello, Illinois. Scott has been using the same
grain inspection service for more than 20 years when GIPSA sent him a
notice giving him less than 30 days to prepare for a change in service.
The issue at stake is a prime example of bureaucratic failure. In our
current inspection process, the grain handlers are the customers, yet
they are not given a say under the new directive, not granted enough
time to plan for the disruption, and they are the last to find out
about this drastic change in service.
They deserve better, Mr. Chairman. By supporting this amendment, we
can reclaim congressional intent, prevent GIPSA from revoking the
remaining service agreements in place before April 14 of this year, an
outcome Congress never intended.
GIPSA's interpretation of the law may be wrong, but I do want to
thank the USDA for working with me to ensure my amendment is not
misinterpreted and accomplishes what I have sought to do. And that is,
to prevent GIPSA from revoking the remaining service agreements. I look
forward to working with them on finding a more permanent solution in
future legislation.
Mr. Chair, I urge all of my colleagues to vote ``yes'' on this
amendment.
Mr. Chair, I yield as much time as he may consume to the gentleman
from Alabama (Mr. Aderholt).
Mr. ADERHOLT. Mr. Chair, I rise in support of this amendment. I
agree, it appears that the Grain Inspection, Packers & Stockyards
Administration, known as GIPSA, is not currently implementing a
provision from the 2015 Grain Standards Act Reauthorization.
Despite the efforts of my colleagues to try and work with the USDA to
correct this interpretation, the agency continues down a path of
unravelling a longstanding agreement that has allowed a designated
official grain inspector to carry out inspections in another geographic
area.
I hope this amendment sends a clear message to the Department that
they are not following congressional intent, and they should reverse
course.
Mr. Chair, I thank the gentleman for his continuous work on this
issue, and I urge my colleagues to support this amendment.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I would like to thank
Chairman Aderholt for his support, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Rodney Davis).
The amendment was agreed to.
Amendment No. 15 Offered by Mr. King of Iowa
The Acting CHAIR. It is now in order to consider amendment No. 15
printed in part B of House Report 115-295.
Mr. KING of Iowa. Mr. Chairman, I have an amendment at the desk made
in order by the rule.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division B (before the short title), insert
the following
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce the prevailing
wage requirements in subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the Davis-Bacon
Act).
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Iowa (Mr. King) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chair, I yield myself such time as I may
consume.
This is the amendment that doesn't allow Federal funding to support
any project that enforces Davis-Bacon rules.
Davis-Bacon rules have--actually, it is the last remaining Jim Crow
law left on the books in America. It was established by a couple of
Republicans in New York back in about 1932 or 1933, when they realized
that of the few construction projects that were going on during the
Great Depression, there was an Alabama contractor that underbid the
local unions in New York to build a Federal building up in New York.
That contractor who came out of Alabama brought his labor out of
Alabama, African Americans out of Alabama. So they got together and
decided, let's pass a law to have a little trade protectionism between
Alabama and New York. We are going to control who is in the union, and
we will control the wages, and we will control the benefits.
I have been in the construction business, as of last Monday, for 42
years. We have paid Davis-Bacon wage scales most of those years, if not
all of those years, and King Construction understands what this does.
First, it inflates wages, and the inflation of wages is dictated by a
little board and committee that is supposed to be evaluating what is
described as prevailing wage. But it is not prevailing wage, it is
union scale, and it is a BOGSAT is what it is. BOGSAT, meaning a bunch
of guys sitting around a table deciding that they are having trouble
competing with the rest of the private sector, so they want to raise
the wages of their construction workers so that they can get the pick
of the cream of the crop of the construction workers to go to work for
them rather than their competitor or another industry.
That is how this has gone on for all of these years in the private
sector, the
[[Page H7040]]
Federal Government deciding what wages and what benefits should be
paid. And now we are seeing benefits that are being paid in the fringe
benefit category to people who have a health insurance program that is
funded by the taxpayers, premiums funded by the taxpayers under
ObamaCare.
So now, Davis-Bacon is even worse. It pays wages and it pays benefits
that are designed to pay for their health insurance benefits, and they
are doubling down on that and on the ObamaCare subsidy of their
premiums. And so these wages no longer reflect prevailing wage. They
haven't for a long time. They have long, and maybe always, been union
scale. The union sits at the table with a few contractors in the
BOGSAT, and they make the deal.
And I have a private contractor, a merit shop contractor, who has
worked with this for 42 years. I have seen the inefficiencies it has
created within our company, and competing companies as well.
And, yes, we like it when we can pay our labor the highest rates
known to man. It makes our employees happy. And if I can look at our
competition and we can sit down and say, you know what, we would like
to give each of our employees a $5 an hour raise or a $10 an hour
raise, and let's make sure that any other industry can't compete with
the wages we are paying, because, after all, it doesn't really come out
of our pocket as contractors. It comes out of the pockets of the
taxpayers, borrowed from the Chinese.
That is what is going on, and the wages increase is a 20 percent
increase on balance. So, for example, if you want to build five
bridges, repeal Davis-Bacon. If you want to build four bridges, stick
with the imposed Federal union scale, the legacy of Jim Crow. If you
want to build--let's just say a USDA building, the same formula
applies. You can build five buildings; you can build four. You can
build four stories, or you can build five, but we need to have
competition in this U.S. economy.
Mr. Chairman, I urge adoption of my amendment, and I reserve the
balance of my time.
Mr. BISHOP of Georgia. Mr. Chairman, I claim the time in opposition
to the amendment.
The Acting CHAIR. The gentleman from Georgia is recognized for 5
minutes.
Mr. BISHOP of Georgia. Mr. Chair, what the Davis-Bacon Act does is
protect the government, as well as the workers, in carrying out the
policy of paying decent wages on government contracts.
The Davis-Bacon Act requires that workers on federally funded
construction projects be paid no less than the wages paid in the
community for similar work.
It requires that every contract for construction of which the Federal
Government is a party in excess of $2,000 contains a provision defining
the minimum wages paid to various classes of labors and mechanics.
The House has taken numerous votes on this issue, and on every vote,
this body has voted to maintain Davis-Bacon requirements. In fact, most
recently, during consideration of the FY18 security omnibus, the House
firmly rejected a similar amendment 249-178. I hope that we will defeat
the amendment before us today and move on to more substantive matters.
I would also note that it is somewhat ironic that this amendment is
being offered on the agriculture appropriations bill because the Davis-
Bacon Act specifically protects rural community workforces. It requires
that prevailing wage determinations for rural counties be based solely
on local workforce costs. Wage data from urban areas must be excluded.
This requirement, I would note, came into force during the Presidency
of Ronald Reagan. I urge all Members to vote ``no.'' I urge my
colleagues to oppose this amendment.
Mr. Chair, I yield back the balance of my time.
Mr. KING of Iowa. Mr. Chair, I yield 1 minute to the gentleman from
Alabama (Mr. Aderholt), the chairman of the subcommittee.
Mr. ADERHOLT. Mr. Chair, I rise to support the gentleman's amendment.
Each year, the Federal Government requires Davis-Bacon provisions on
all sorts of constructions--as has already been mentioned, roads,
bridges, dams, buildings, and the taxpayers pay more. You do the math.
According to a recent study, Davis-Bacon inflates costs by 22 percent
for construction costs. These added expenses come at a time when our
Nation is nearly broke.
Therefore, I think it is time to put the taxpayers first, and I
encourage my fellow Members to support this amendment.
Mr. KING of Iowa. Reclaiming my time, Mr. Chairman, and expending the
balance of it, I would point out that some of these wages that we are
looking at here, here are laborers in Indiana, a total of $34.63 an
hour. Here is an asbestos worker, $46.05 an hour.
There are more here in the records, and I don't think that these are
the kind of numbers that the gentleman is talking about. And I
constantly hear the script read to us from the other side but never a
response.
Mr. Chair, I urge its adoption, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. BISHOP of Georgia. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Iowa will be
postponed.
Amendment No. 16 Offered by Mrs. Hartzler
The Acting CHAIR. It is now in order to consider amendment No. 16
printed in part B of House Report 115-295.
Mrs. HARTZLER. Mr. Speaker, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division B (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to carry out subsection (p) of section 12 of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1760).
The Acting CHAIR. Pursuant to House Resolution 500, the gentlewoman
from Missouri (Mrs. Hartzler) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Missouri.
{time} 1915
Mrs. HARTZLER. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise today to offer an amendment to return local
control to the National School Lunch Program. For far too long,
Washington has imposed burdensome and unnecessary mandates on our local
schools. These misguided regulations have created a bureaucratic
nightmare and mountains of paperwork for local school lunch
administrators who truly want to spend their time focused on providing
healthy meals for our children.
My amendment is simple. It stops a federally mandated formula called
the Paid Lunch Equity program that requires all schools to raise their
school lunch prices to an arbitrary level set here in Washington. This
amendment does not address the actual nutritional content of lunches,
although I believe that is a policy area that should be addressed. This
amendment only stops regulations setting local school lunch prices.
Local officials know their communities best, and they should
ultimately be responsible for setting school lunch prices in their
cafeterias. Many schools are forced to raise their school lunch prices
each year just to meet the Federal mandate. This pushes families
struggling to make ends meet off the school lunch program and leads to
more hungry students and higher costs for hardworking families.
It is time to get Washington out of the local school lunch pricing
business and return more control to our local schools. I ask my
colleagues to join me today in supporting this commonsense amendment to
return more control to local schools. Again, I ask my colleagues'
support.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Alabama (Mr. Aderholt).
Mr. ADERHOLT. Mr. Chairman, I rise in support of this amendment. I
believe that schools should have more
[[Page H7041]]
local control in operating their meal programs, including the
establishment of the price a family must pay for the meal. School meal
prices differ from one community to the next, and they take into
account local food and local labor costs and what families are willing
and able to pay. I think it is always best to let the local schools
make those decisions.
Mr. Chairman, I urge my colleagues to support the gentlewoman's
amendment.
Mrs. HARTZLER. Mr. Chairman, I appreciate the chairman's support.
In closing, I would urge all my colleagues to support this
commonsense measure to restore local control of our school lunch
pricing. This exact language was passed in the House version of the
Child Nutrition Reauthorization Act last year, but that bill has not
passed, and we need to address this right now.
Mr. Chairman, I encourage my colleagues to support this amendment,
and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Missouri (Mrs. Hartzler).
The amendment was agreed to.
Amendment No. 17 Offered by Mr. Carter of Georgia
The Acting CHAIR. It is now in order to consider amendment No. 17
printed in part B of House Report 115-295.
Mr. CARTER of Georgia. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
*ERR08* At the end of division B (before the short title),
insert the following:
Sec. __. None of the funds made available by this division
shall be used by the Food and Drug Administration to
finalize, implement or enforce the draft standard memorandum
of understanding made available for public comment on
February 19, 2015, entitled ``Draft Memorandum of
Understanding Addressing Certain Distributions of Compounded
Human Drug Products Between the State of [insert State] and
the U.S. Food and Drug Administration.''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Georgia (Mr. Carter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Georgia.
Mr. CARTER of Georgia. Mr. Chairman, I rise today in support of my
amendment to H.R. 3354, the fiscal year '18 appropriations bill.
My amendment would withhold funding from the Food and Drug
Administration to implement a memorandum of understanding that
redefines key terms in the healthcare industry: distribute and
dispense.
Distributing and dispensing in the healthcare field are commonly
understood to be unique and distinct activities. Distributing is
understood to mean the sale or transfer of a drug without a
prescription, like between a wholesaler and a manufacturer. Dispensing
is commonly understood to mean a medicine going specifically toward a
patient.
The FDA's attempt to redefine these key terms would be especially
detrimental to compounding pharmacies. Compounding pharmacies are
desperately needed to combine or mix medicines to meet the unique needs
of particular patients.
In the Food, Drug, and Cosmetic Act, the FDA is given limited
regulatory authority over how much a compounding pharmacy is allowed to
ship across State lines, and more specifically, over how much a
pharmacy can distribute across State lines. But since the FDA is now
attempting to redefine the word ``dispense,'' the agency is attempting
to gain more control over these pharmacies and is now limiting the
amount of medicine that can go directly toward patients.
With the FDA redefining the word ``dispensing,'' the agency is now
also limiting how much a State can dispense across State lines,
creating an unnecessary patient access problem, especially for patients
served by pharmacies near State lines.
This amendment is necessary to convey to the FDA that they do not
have the authority to go against the intent of Congress and redefine
key terms in agency documents that are directly against what Congress
laid out in the statute and the commonly understood meaning of the
industry itself.
The amendment will also enforce the directives in Congress' last two
appropriations reports that have been ignored by the FDA.
Mr. Chairman, I want to repeat that. The amendment will also enforce
the directives in Congress' last two appropriations reports that have
been ignored by the FDA, as well as language in the new FY18
Appropriations subcommittee report.
As the only pharmacist in Congress, I have seen firsthand how
important access to medications are for the people who need them. I
have also seen how important compounded medications are for the
individuals who rely on uniquely tailored medicines. It would be a
tragedy for the FDA to limit these patients' access to medications
because they redefined a term for which they would like to have more
control.
I urge all of my colleagues to support this amendment that is crucial
for patient access to important medications and stop the FDA from
overreaching and going against the intent of Congress.
Mr. Chairman, I reserve the balance of my time.
Ms. DeLAURO. Mr. Chairman, I rise in opposition to this amendment.
The Acting CHAIR. The gentlewoman from Connecticut is recognized for
5 minutes.
Ms. DeLAURO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I oppose this amendment because it undermines the Drug
Quality and Security Act, which we passed here in 2013 to protect
patients from contaminated compounded medications, which are drugs that
are tailored to the specific needs of an individual patient.
By the way, there is bipartisan opposition to the Carter amendment:
myself, Congressman Fred Upton, Congresswoman Debbie Dingell, and
Congressman Mike Bishop. This is bipartisan opposition.
Let me be clear. The intent of the law was not to go after local
compounding pharmacies but, rather, the larger compounding pharmacies
who act as big drug companies. Traditional pharmaceutical companies
that make vast quantities of drugs are held to robust safety standards.
If these large compounding pharmacies intend to manufacture large
quantities of drugs like a traditional pharmaceutical company and ship
them across State lines, then they should be held to a similar safety
standard.
This amendment would change the law and put patients at risk. Some
people can potentially die. This is not hyperbole, given that a
meningitis outbreak in 2012 was caused by unsafe compounded drugs. That
was less than 5 years ago. I am astonished that we would entertain
further undermining of the law. The meningitis outbreak associated with
the New England Compound Center in 2012 led to 64 deaths and more than
750 illnesses across State lines.
There are inherent risks with compounding medications, and
particularly with compounded medications shipped across State lines.
That is why, in fact, we passed the Drug Quality and Security Act. By
prohibiting the FDA from implementing this law, this amendment exposes
patients to a potentially life-threatening catastrophe.
Again, as we saw in 2012, this amendment also takes away incentives
for pharmacies to register as an outsourcing facility and gives these
facilities no reason to raise their quality and safety standards and to
submit to the FDA for inspection. We owe it to the American people to
not put their health and their safety at risk. Sixty-four people died.
Mr. Chairman, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mr. CARTER of Georgia. Mr. Chairman, I yield 2 minutes to the
gentleman from Alabama (Mr. Aderholt).
Mr. ADERHOLT. Mr. Chairman, I rise in support of the gentleman's
amendment, which has gained bipartisan support in our full committee. I
am very sympathetic to the gentleman's concerns, and I trust his
judgment an his experience as, currently, the only pharmacist that is
serving in the House of Representatives.
This bill language is similar to the language in our House report.
While the underlying bill did not go as far as limiting funds to be
spent on the finalization, implementation, or enforcement of the
proposed memorandum of
[[Page H7042]]
understanding between the FDA and the States, our committee report
language is conditional in that the FDA should not finalize the
proposed rule if it fails to distinguish between distribution and
dispensing a compounded product to a specific patient.
Dispensing is not defined in the Drug Quality and Security Act, and
the FDA should not unilaterally take it upon themselves to start
regulating the practice of pharmacy since this function is regulated by
the State Boards of Pharmacy under the laws of the State legislatures.
Therefore, I support the intent of this amendment until FDA clarifies
its policy, and I recommend the amendment's approval.
Ms. DeLAURO. How much time do I have remaining, Mr. Chairman?
The Acting CHAIR. The gentlewoman from Connecticut has 2 minutes
remaining.
Ms. DeLAURO. Mr. Chairman, I yield 1 minute to the gentlewoman from
Michigan (Mrs. Dingell).
Mrs. DINGELL. Mr. Chairman, while I have great respect for my friend
and colleague from Georgia, this misguided amendment would undermine
FDA's work to enforce the critical patient safety protections that were
passed in the Drug Quality and Security Act in response to a deadly
fungal meningitis outbreak that killed 22 people in my home State of
Michigan. Passing this amendment could ultimately lead to another
crisis like what we saw.
This amendment would prohibit the FDA from finalizing a draft
memorandum of understanding that outlines when and in what quantity
traditional compounding pharmacies can distribute compounded drugs
across State lines. Hamstringing FDA's ability to ensure that
interstate shipments are only made from pharmacies in States that are
exercising oversight over that activity could create a gaping loophole
and would turn back the clock to the days when bad actors like NECC
were free to ship tainted products and murder people across the country
without oversight.
It is completely unacceptable. We should be standing up for the
strong patient protections in DQSA rather than turning back the clock.
Mr. CARTER of Georgia. Mr. Chairman, I yield 30 seconds to the
gentleman from Arizona (Mr. Gosar).
Mr. GOSAR. Mr. Chairman, it is frustrating and egregious that this
amendment is actually necessary, but it is. The FDA has, thus far,
blatantly ignored congressional direction to respect the statutory
difference between distributing and dispensing of compound medications.
As a dentist and healthcare provider for more than 25 years, I can
tell you from my professional experience how harmful this overreaching
guidance from the FDA would be to patients. As a dentist, I often use
specialty compounded medications to deliver the customized care my
patients deserved. I relied on the expertise of my pharmacist
colleagues to ensure that medications were available to patients as
appropriate.
As a Congressman, I support this amendment to ensure FDA follows
congressional intent. As a doctor, I support this amendment because it
means better care for patients.
Mr. Chairman, I thank the gentleman from Georgia, and I urge my
colleagues to support this amendment--and that is doctor's orders.
Ms. DeLAURO. Mr. Chairman, why are we afraid of safety standards? The
safety concerns with this amendment are also exacerbated by the fact
that many States do not exercise appropriate oversight over compounding
pharmacies.
A recent study revealed that nearly half of all States surveyed do
not track the number of pharmacies that perform the sterile compounding
in their State. They make proactive State oversight impossible.
Do we really want to allow these facilities to go unchecked? That is
exactly what this amendment allows.
The FDA is a regulatory agency. It needs the ability to regulate
large-scale shipment of compounded drugs across State lines, especially
in certain States that have minimal, if any, safeguards for drugs
compounded in pharmacies.
I was concerned that this law was weak to begin with, and this
amendment would further weaken and threaten the safety of patients.
Sixty-four people died, 22 of them in Michigan. We should ensure that
any legislation passed by this body is not weakened. The safety of
American children and our families and our kids are at stake.
Mr. Chairman, I urge my colleagues to oppose this amendment. This is
not a road, a bridge, a helicopter, or anything else. This is people's
lives.
Mr. Chairman, I yield back the balance of my time.
Mr. CARTER of Georgia. Mr. Chairman, I yield back the balance of my
time.
Mr. GENE GREEN of Texas. Mr. Chair, the Drug Quality and Security Act
was passed in 2013 in response to the multistate fungal meningitis
outbreak that occurred due to contaminated compounded drug products
from the New England Compounding Center.
Drugs from a single facility in one state were shipped nationwide,
over 750 patients were affected, and 64 patients died in 20 states
across the country.
DQSA (D-Q-S-A) helps ensure that if compounders are shipping drugs
nationwide, they are doing so from states that exercise meaningful
oversight. This is an important patient safety protection in the law.
This amendment would weaken FDA's ability to implement this important
patient protection legislation by denying FDA funding to finalize the
Memorandum of Understanding Congress mandated FDA develop.
Congress must not forget the tragedy that happened just 5 years ago
by turning back the clock and remove the protections Congress itself
put in place to prevent another outbreak.
I urge my colleagues to oppose the amendment offered by Rep. Carter.
{time} 1930
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Carter).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. DeLAURO. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Georgia will
be postponed.
Amendment No. 18 Offered by Mr. King of Iowa
The Acting CHAIR. It is now in order to consider amendment No. 18
printed in part B of House Report 115-295.
Mr. KING of Iowa. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
*ERR08* At the end of division B (before the short title),
insert the following:
Sec. ___. None of the funds made available by this Act may
be used for a new hire who has not been verified through the
E-Verify program, except for an employee compensated under a
local compensation plan established under section 408 of the
Foreign Service Act of 1980.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Iowa (Mr. King) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, this is an amendment that requires that new hires under
this appropriations bill are verified under E-Verify before they can go
to work. It ensures that those funds that are made available in this
appropriations bill will not be used for new hires unless they use the
E-verify program as a responsibility that the Federal Government
requires as a matter of law.
Current law requires the Federal Government to use E-Verify to
enhance enforcement of Federal immigration law in all hiring. However,
it has been brought to my attention that it isn't consistent across the
different departments. We need to ensure that it is. It is in response
to those concerns that I offer this amendment to require E-Verify.
I will just describe E-Verify.
Conditional to the hire, employers who have a prospective employee
may go onboard the Federal internet site, which is the E-Verify site,
and type in the valid information or perhaps the presented information
of the prospective employee that has been offered a job. Should they
clear E-Verify, you punch in what I just euphemistically call name,
rank, and serial number. It is a short piece of data that includes
birth date, name, and often birthplace. Then that goes into the
internet site. It comes back to you and lets you
[[Page H7043]]
know that you can legally hire the individual that is identified in
this data. That is E-Verify.
Hopefully, in this Congress, the Federal Government will pass and
make E-Verify mandatory for private sector employers. Hopefully, we
will do that in this Congress. But the Federal Government needs to, Mr.
Chairman, address this, and it needs to do so with our own employees.
That is what the King amendment does. It ensures that E-Verify is used
by our own employees.
Mr. Chairman, I reserve the balance of my time.
Mr. BISHOP Georgia. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. Since President Bush ordered Federal agencies
to comply with E-Verify back in 2007, this amendment, if it only
applies to hiring at Federal agencies, would do absolutely nothing. I
am not aware of any effort by the Trump administration to undo
President Bush's order, so it is a needless use of the House's time.
I believe the gentleman's language would also require every one of
the local county employees or local folks to be E-Verified. Wouldn't
this add another burden on USDA when it has to implement the new farm
bill?
If so, I would like to ask the gentleman what he expects would happen
in an emergency, such as we experienced from Hurricane Harvey, when
USDA may need to bring on employees quickly. They would have to wait
for E-Verify clearance.
I would also submit that it is not clear whether the language also
covers every single person who receives any of the funds in this bill
as a grantee. I think it is unclear and would risk requiring every
single one of the thousands of grantees to go through E-Verify. Then
you would impose a truly undue burden on many small farmers, ranchers,
and businesses that receive grants in this bill. I would strongly
oppose that.
Mr. Chairman, I urge my colleagues to oppose this amendment, and I
yield back the balance of my time.
Mr. KING of Iowa. Mr. Chairman, I yield to the gentleman from Alabama
(Mr. Aderholt), chairman of the subcommittee.
Mr. ADERHOLT. Mr. Chairman, I rise in support of the gentleman's
amendment here. I support what the gentleman is doing with this
amendment. I also appreciate his willingness to make a slight change to
the amendment in order to maintain support from staff in embassies
across the world that help USDA staff open markets to U.S. goods.
With that being said, I would like to urge my colleagues to support
his amendment.
Mr. KING of Iowa. I would add for clarification, Mr. Chairman, that
the provision the gentleman referred to is section 408 of the Foreign
Service Act of 1980, which exempts those employees in foreign countries
that surely would not want them uncovered under E-Verify.
In response to the gentleman's objection, I have tried to fool E-
Verify by punching data into it. The longest delay I could create was 6
seconds. So as far as undue burden is concerned, a 6-second wait in the
most extreme circumstances I don't think is extreme at all.
This is the right thing for the Federal Government to at least
exercise the laws that we pass and we want to impose upon the rest of
the country and upon ourselves.
So it is a clarification amendment, Mr. Chairman. I urge its
adoption, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The amendment was agreed to.
Amendments En Bloc No. 2 Offered by Mr. Diaz-Balart of Florida
Mr. DIAZ-BALART. Mr. Chairman, pursuant to section 3 of House
Resolution 500, as a designee of Chairman Frelinghuysen, I rise to
offer en bloc No. 2 as part of the consideration of H.R. 3354. The list
of the amendments included in the en bloc is at the desk and has been
agreed to by both sides.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 23, 24, 27, 30,
31, 34, 35, 40, 41, 42, 43, 45, 47, and 60 printed in part B of House
Report 115-295, offered by Mr. Diaz-Balart of Florida:
Amendment No. 23 Offered by Mr. DeSaulnier of California
Page 1141, line 18, after the first dollar amount, insert
``(reduced by $15,000,000)''.
Page 1141, line 18, after the second dollar amount, insert
``(reduced by $400,000)''.
Page 1141, line 21, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 1141, line 25, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 1142, line 4, after the dollar amount, insert
``(reduced by $4,600,000)''.
Page 1142, line 11, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 1143, line 6, after the first dollar amount, insert
``(increased by $15,000,000)''.
Amendment No. 24 Offered by Mr. Hanabusa of Hawaii
Page 1141, line 18, after the first dollar amount, insert
``(reduced by $7,000,000)''.
Page 1141, line 25, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 1142, line 4, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 1196, line 22, after the dollar amount, insert
``(increased by $7,000,000)''.
Amendment No. 27 Offered by Mrs. Torres of California
Page 1162, line 20, after the dollar amount, insert
``(reduced by $12,000,000) (increased by $12,000,000)''.
Amendment No. 30 Offered by Mrs. Lowey of New York
On page 1184, line 3, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 31 Offered by Mr. Nolan of Minnesota
Page 1184, line 24, after the dollar amount, insert
``(reduced by $500,000,000) (increased by $500,000,000)''.
Amendment No. 34 Offered by Mrs. Torres of California
Page 1190, line 3, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 35 Offered by Mr. Nolan of Minnesota
Page 1190, line 19, after the dollar amount, insert
``(reduced by $659,641,149) (increased by $659,641,149)''.
Amendment No. 40 Offered by Ms. Velazquez of New York
Page 1228, line 21, after dollar amount, insert
``(increased by $2,000,000)''.
Page 1261, line 4, after the dollar amount, insert
``(reduced by $2,000,000)''.
Amendment No. 41 Offered by Ms. Tenney of New York
Page 1232, line 5, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 1240, line 2, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 1240, line 4, after the dollar amount, insert
``(increased by $10,000,000)''.
Amendment No. 42 Offered by Mr. Nadler of New York
Page 1239, line 11, after the dollar amount insert
``(increased by $19,000,000)''.
Page 1261, line 4, after the dollar amount insert
``(reduced by $19,000,000)''.
Amendment No. 43 Offered by Mr. Knight of California
Page 1240, line 2, after the dollar amount, insert
``(increased by $100,000,000)''.
Page 1240, line 4, after the dollar amount, insert
``(increased by $100,000,000)''.
Page 1261, line 4, after the dollar amount, insert
``(reduced by $100,000,000)''.
Amendment No. 45 Offered by Mr. DeSaulnier of California
Page 1243, line 2, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 1243, line 9, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 1255, line 6, after the dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 47 Offered by Mr. Soto of Florida
Page 1249, line 5, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 1257, line 16, after the dollar amount, insert
``(decreased by $2,500,000)''.
Amendment No. 60 Offered by Mr. Nolan of Minnesota
Page 1156, line 10, after the dollar amount, insert
``(increased by $10,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Florida (Mr. Diaz-Balart) and the gentleman from North Carolina
(Mr. Price) each will control 10 minutes.
The Chair recognizes the gentleman from Florida.
Mr. DIAZ-BALART. Mr. Chairman, I reserve the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I yield 1 minute to the
gentlewoman from California (Mrs. Torres).
Mrs. TORRES. Mr. Chairman, I rise to offer two amendments in this en
bloc package to this appropriations bill. These two amendments will
finally provide the authorized funding levels of $12 million for the
regional infrastructure accelerator demonstration program, section 1441
of the FAST Act; and $10 million for the transit-oriented development
pilot program, section
[[Page H7044]]
1036 of the FAST Act. This funding will finally allow these two
important programs to move forward, improving infrastructure projects
and transportation options in my district in the Inland Empire and
throughout our country.
I appreciate the chairman's and the ranking member's support.
Mr. DIAZ-BALART. Mr. Chairman, I yield 3 minutes to the gentleman
from California (Mr. Knight).
Mr. KNIGHT. Mr. Chairman, I rise today in support of my amendment
that would appropriate additional resources to CDBG funds, or the
Community Development Block Grant program. Back home in California's
25th District, CDBG funds are awarded to numerous nonprofit
organizations that do significant and far-reaching work for our
constituents.
These resources reach citizens of the city of Santa Clarita through
programs like Bridge to Home, domestic violence victim support centers,
home rehabilitation services, and summer youth development programs.
In the Antelope Valley, CDBG funds address community needs through
grants for street maintenance in low-income neighborhoods, emergency
shelter for low-income people, and financing for the construction of
Palmdale's senior center.
Mr. Chairman, it goes without saying that my constituents
dramatically benefit from CDBG funds, and I am sure many of my
colleagues here can attest to the same. That is why I was alarmed to
see that the President's budget request completely defunded this
program. I am thankful to Chairman Diaz-Balart and his staff for
understanding the importance of this program and supporting it in the
underlying bill.
My amendment returns the total program funding to a level that is
consistent with the FY 2017 enacted level, which will provide the
funding stability our communities need to ensure these programs can
continue to operate. I urge my colleagues to support this.
Mr. PRICE of North Carolina. Mr. Chairman, I yield back the balance
of my time.
Mr. DIAZ-BALART. Mr. Chairman, I yield back the balance of my time.
Mr. NADLER. Mr. Chair, last year, Congress passed an updated formula
for the Housing Opportunities for Persons with AIDS (the HOPWA
program). The change was necessary to ensure the program better
reflected how the HIV/AIDS epidemic is changing in this country.
However, at the current HOPWA funding levels, the new formula leaves
several jurisdictions, including New York City and Miami, at risk of
losing funding for this important program.
In a program as efficient as HOPWA, when grantees lose funding,
people living with AIDS lose their housing. Research clearly
demonstrates that housing instability leads to worse health outcomes
for those living with HIV/AIDS, and these potential cuts could have a
devastating impact on these patients and their families. The new
formula will only be effective in addressing the AIDS housing crisis if
we maintain adequate funding levels.
My amendment increases funding for HOPWA by $19 million, ensuring
that, under the new formula, no jurisdiction loses funding in Fiscal
Year 2018. The amendment is fully offset through the HUD Information
Technology Fund.
I thank Chairman Diaz-Balart and Ranking Member Price for their long-
standing support of HOPWA and for accepting this important amendment to
protect people living with AIDS and their families. I look forward to
continuing our work on HOPWA in the future. I also speak for all New
Yorkers in lending our support to Chairman Diaz-Balart and his district
in the face of Hurricane Irma, just as they stood with us during
Superstorm Sandy.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Florida (Mr. Diaz-Balart).
The en bloc amendments were agreed to.
Amendment No. 21 Offered by Mr. Lipinski
The Acting CHAIR. It is now in order to consider amendment No. 21
printed in part B of House Report 115-295.
Mr. LIPINSKI. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1141, line 18, after the first dollar amount, insert
``(reduced by $9,000,000)''.
Page 1180, line 6, after the dollar amount, insert
``(increased by $9,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Illinois (Mr. Lipinski) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. LIPINSKI. Mr. Chairman, I rise in support of this amendment that
will provide the National Highway Traffic Safety Administration with $9
million in order to facilitate their critical work on self-driving
cars.
Earlier today, the House passed the SELF DRIVE Act, which expanded
NHTSA's authorities in this area. This amendment I am offering supplies
the initial financial resources needed to carry out the directives of
that bill. This includes validating the safety of self-driving cars;
defining new testing protocols as the technology advances; and
partnering with industry, along with State and local governments, to
conduct oversight of these new vehicles.
NHTSA will play a key role in fostering adoption of this technology
that promises so much: expanded mobility, much safer roads, decreased
energy usage and emissions, and less congestion.
Mr. DIAZ-BALART. Will the gentleman yield?
Mr. LIPINSKI. I yield to the gentleman from Florida.
Mr. DIAZ-BALART. If the gentleman would be all right with that, I
would be willing to agree to his amendment. As long as we can move the
process quickly, I would agree to the amendment.
Mr. LIPINSKI. I thank the chairman for supporting it.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Lipinski).
The amendment was agreed to.
Amendment No. 22 Offered by Mr. Mitchell
The Acting CHAIR. It is now in order to consider amendment No. 22
printed in part B of House Report 115-295.
Mr. MITCHELL. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
*ERR08* Page 1141, line 18, after the first dollar amount,
insert ``(reduced by $10,889,900)''.
Page 1141, line 18, after the second dollar amount, insert
``(reduced by $275,800)''.
Page 1141, line 20, after the dollar amount, insert
``(reduced by $104,000)''.
Page 1141, line 21, after the dollar amount, insert
``(reduced by $2,077,200)''.
Page 1141, line 23, after the dollar amount, insert
``(reduced by $1,003,300)''.
Page 1141, line 25, after the dollar amount, insert
``(reduced by $1,401,900)''.
Page 1142, line 2, after the dollar amount, insert
``(reduced by $254,600)''.
Page 1142, line 4, after the dollar amount, insert
``(reduced by $2,425,500)''.
Page 1142, line 6, after the dollar amount, insert
``(reduced by $214,200)''.
Page 1142, line 7, after the dollar amount, insert
``(reduced by $176,000)''.
Page 1142, line 9, after the dollar amount, insert
``(reduced by $1,108,900)''.
Page 1142, line 11, after the dollar amount, insert
``(reduced by $1,848,500)''.
Page 1189, line 8, after the dollar amount, insert
``(reduced by $11,079,469)''.
Page 1211, line 12, after the first dollar amount, insert
``(reduced by $1,470,800)''.
Page 1211, line 19, after the first dollar amount, insert
``(reduced by $51,830,300)''.
Page 1211, line 19, after the second dollar amount, insert
``(reduced by $1,076,200)''.
Page 1211, line 21, after the dollar amount, insert
``(reduced by $5,034,000)''.
Page 1211, line 23, after the dollar amount, insert
``(reduced by $9,200,600)''.
Page 1211, line 24, after the dollar amount, insert
``(reduced by $20,587,300)''.
Page 1211, line 25, after the dollar amount, insert
``(reduced by $3,824,500)''.
Page 1212, line 2, after the dollar amount, insert
``(reduced by $4,958,800)''.
Page 1212, line 3, after the dollar amount, insert
``(reduced by $1,906,500)''.
Page 1212, line 4, after the dollar amount, insert
``(reduced by $357,000)''.
Page 1212, line 6, after the dollar amount, insert
``(reduced by $497,500)''.
Page 1212, line 8, after the dollar amount, insert
``(reduced by $4,387,900)''.
Page 1213, line 9, after the dollar amount, insert
``(reduced by $21,663,300)''.
Page 1213, line 12, after the dollar amount, insert
``(reduced by $10,755,400)''.
Page 1213, line 15, after the dollar amount, insert
``(reduced by $39,200,000)''.
Page 1213, line 18, after the dollar amount, insert
``(reduced by $2,406,500)''.
Page 1213, line 21, after the dollar amount, insert
``(reduced by $6,980,800)''.
Page 1213, line 25, after the dollar amount, insert
``(reduced by $760,000)''.
Page 1304, line 22, after the dollar amount, insert
``(increased by $157,036,469)''.
[[Page H7045]]
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Michigan (Mr. Mitchell) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
{time} 1945
Mr. MITCHELL. Mr. Chairman, I yield myself such time as I may
consume.
Our Nation faces a dire fiscal situation. We have now reached our
debt ceiling once again. The path we are on is not sustainable. It
jeopardizes our future, our children's future, and our national
security. We must get our fiscal house in order and take this problem
seriously.
Paying lip service to the problem will not solve it. We must be
responsible now before it is far too late. The reality is that we can
make cuts to our government without impacting essential programs. In
fact, the right cuts will grow our economy by stopping overeager
bureaucrats who often seem dedicated to Federal mandates and massive
regulations.
We, in Congress, should be focused on growing and protecting Main
Street, not an already bloated Federal Government. The amendment I
propose today makes the cuts to the bureaucracy, the administrative
costs within the Department of Transportation, Housing and Urban
Development, and Related Agencies.
The cuts focus on administrative expenses and salaries within these
two departments. This modest 10 percent administrative cut saves
taxpayers $222 million and, admittedly, is but a small step.
I come from the world of private business, so I understand that
fiscal responsibility requires ongoing and consistent small steps. My
amendment, when combined with other similar amendments, will yield big
savings for taxpayers and will do so without cutting projects or
essential programs.
I urge my colleagues to seriously consider my amendment as we work to
secure our fiscal future.
Mr. Chair, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. DIAZ-BALART. Mr. Chair, let me thank the gentleman for bringing
up this amendment. He has worked awfully hard, and I am a huge admirer
of his.
Here is the problem: in the committee, we have actually gone line by
line to identify cuts in salaries and expenses at HUD and DOT, and as a
result, most administrative accounts are at or below the 2017 levels.
By the way, that is one of the ways that we achieved $1.1 billion in
savings, again, below the 2017 budget.
When you do it across the board, it could affect safety programs, it
could actually have unintended consequences. So while I am grateful for
the chairman's hard work, I would urge a ``no'' vote at this time, and
I look forward to continuing to work with the gentleman to make sure
that his concerns are addressed in this bill and in future bills.
Mr. Chair, I reserve the balance of my time.
Mr. MITCHELL. Mr. Chairman, I respect the work of the committee,
certainly the chairman.
As I said earlier, I come from the private sector where, frankly, a
10 percent cut in administration is not uncommon. I worked at Chrysler
Corporation back in the original loan guarantee days where Lee Iacocca
said: ``If you can't cut 10 percent of your budget, I will just find a
new manager.''
We have made cuts. We made more substantial cuts than many other
agencies. As noted earlier, we made significant cuts in, for example,
the EPA, back to levels of 2005, 2006. I believe we can make these cuts
and still maintain the safety and security of this Nation, maintain
operations and programs, and while we may disagree, I will certainly
work with the chairman and the committee to continue to work on getting
our fiscal house in order.
Mr. Chairman, I yield back the balance of my time.
Mr. DIAZ-BALART. Mr. Chairman, I yield as much time as he may consume
to the gentleman from North Carolina (Mr. Price).
Mr. PRICE of North Carolina. Mr. Chairman, I rise to join the
chairman in opposition.
The amendment would decimate the salaries and expense accounts at the
Department of Transportation, Department of Housing and Urban
Development, and related agencies. There are broad consequences for
this, but I want to focus on one consequence: cybersecurity.
The inspectors general of both departments have indicated that both
agencies have a lot of work to do in addressing cyber threats. The CIOs
at DOT and HUD have been working to address these challenges. They have
had issues in hiring and staffing cybersecurity professionals in what
is a very competitive labor market.
The bill would make these challenges even more difficult by reducing
the salaries and expenses of the CIO offices by 10 percent.
We owe it to our constituents to have a safe and secure
transportation system and to safeguard personally identifiable
information. This amendment would make it harder for these departments
to do this, and I urge its defeat.
Mr. DIAZ-BALART. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Mitchell).
The amendment was rejected.
Amendment No. 25 Offered by Mr. McClintock
The Acting CHAIR. It is now in order to consider amendment No. 25
printed in part B of House Report 115-295.
Mr. McCLINTOCK. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1147, line 1, after the dollar amount, insert
``(reduced by $150,000,000)''.
Page 1304, line 22, after the dollar amount, insert
``(increased by $150,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from California (Mr. McClintock) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from California.
Mr. McCLINTOCK. Mr. Chairman, this amendment eliminates the $150
million of discretionary spending wasted on one of the least essential
programs in the entire United States Government, the so-called
Essential Air Service. That is the program that subsidizes empty and
near-empty planes to fly from small airports to regional hubs that are
usually just a few hours away or less by car.
This was supposed to be a temporary program to allow local
communities and airports to readjust to airline deregulation back in
1978.
Last year, the Essential Air Service cost a total of nearly $300
million between direct taxpayer subsidies and fees to fly near-empty
planes to underused airports. $150 million of that is in our control,
and this amendment zeros it out and puts it toward deficit reduction.
We are often told that we now have a $200 per person cap on the
subsidies, as if that wasn't bad enough, but that is only for flights
under 210 miles. It continues unlimited subsidies over that distance,
and actual subsidies per passenger can be over $1,000 per seat.
Year after year we are promised reform, and year after year the cost
goes up. By the way, Essential Air Service flights are flown out of
Merced and Visalia airports that serve my district in the Sierra
Nevada. A tiny number of people actually use them, and the alternative
is hardly catastrophic. Visalia and Merced are less than an hour's
drive from Fresno air terminal. But I can assure you that every person
in my district who hears about this waste of their money is outraged by
it.
Rural life has great advantages and great disadvantages, and it is
not the job of taxpayers who choose to live elsewhere to level out the
differences.
Apologists for this wasteful spending tell us it is an important
economic driver for these small airports, and I am sure that is so.
Whenever you give away money, the folks you are giving it to are always
better off, but the folks you are taking it from are always worse off
to exactly the same extent. Indeed, it is economic drivers like this
that have Europe's economy right off a cliff.
Four years ago, one Member rushed to the microphone to suggest this
was essential for emergency medical evacuations. Well, it has nothing
to do with
[[Page H7046]]
that. This program subsidizes regular scheduled commercial service that
practically nobody uses. If it actually had a passenger base, we
wouldn't need, in effect, to hand out wads of $100 bills to the few
passengers who use it, would we?
An airline that so recklessly used its funds would quickly bankrupt
itself. The same principle holds true for governments.
The Washington Post is not known as a bastion of fiscal conservatism,
but I cannot improve upon an editorial a few years ago when it said:
``Ideally, EAS would be zeroed out, and the $200 million we waste on it
devoted to a truly national purpose: perhaps deficit reduction,
military readiness, or the social safety net. Alas, if Congress and the
White House were capable of making such choices, we probably never
would have had sequestration in the first place.''
There are many tough calls in setting fiscal priorities, but this
isn't one of them. If the House of Representatives--where all
appropriations begin, with a Republican majority pledged to stop
wasting money--can't even agree to cut this useless program off from
the trough, how does it expect to be taken seriously on the much
tougher choices that lie ahead?
Mr. Chairman, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR (Mr. Mitchell). The gentleman from Florida is
recognized for 5 minutes.
Mr. DIAZ-BALART. Mr. Chairman, I rise in opposition to the
gentleman's amendment. This Essential Air Service program ensures that
small and rural communities have access to the national air
transportation system. The program is vital to small businesses and
farming communities and rural communities and rural entrepreneurs.
So the amendment would cut off air service to many rural communities
and would put economies of many of our small towns potentially at risk.
I thank the gentleman for his passion, but I would urge a ``no'' vote.
Mr. Chair, I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Chairman, the gentleman is correct. It would cut
off air service to communities that are usually just an hour or so
drive from a major regional airport where they can obtain air service.
This is the kindest cut of all. Eliminating a temporary program
established 39 years ago has become a poster child for wasteful Federal
spending.
Now, our national debt has nearly doubled in 8 years. American
taxpayers will pay $269 billion this year just in interest costs on
that debt. If you are an average family paying average taxes, it means
that $2,200 of your taxes this year will accomplish nothing more than
renting the money we have already spent.
Continuing to pay for this obsolete and wasteful program with money
we don't have is simply obscene. It makes a mockery of any claim that
we cut spending to the bone, and I would ask for adoption of the
amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. DIAZ-BALART. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. McClintock).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. McCLINTOCK. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 26 Offered by Mr. Kildee
The Acting CHAIR. It is now in order to consider amendment No. 26
printed in part B of House Report 115-295.
Mr. KILDEE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1150, line 23, after the dollar amount, insert
``(reduced by $100,000,000)''.
Page 1151, line 1, after the dollar amount, insert
``(reduced by $100,000,000)''.
Page 1242, line 5, after the dollar amount, insert
``(increased by $100,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Michigan (Mr. Kildee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. KILDEE. Mr. Chairman, my amendment is quite simple. It would add
$100 million to the HOME Investment Partnerships Program, which is a
really important initiative that supports homeownership, supports
housing opportunities for people living in America's communities. It
literally puts a roof over the head of many Americans. Thirty-five
percent of low-income renters right now are unable to find affordable
housing. This is not a time to cut this essential program.
Since 2004, Congress has cut this program in half, cutting over $1
billion. We really need to focus more of our attention in how we create
more stable communities, more stable neighborhoods, and housing is
essential to that, and the HOME program is essential to housing.
Too many communities, too many cities and towns are struggling to
hold themselves together. This is one really tangible way that the
Federal Government can help those communities.
I have spoken to the chairman of the subcommittee, Mr. Diaz-Balart,
and I know he supports the HOME program. He has agreed to work with me
to ensure that the final bill has robust funding for the HOME program,
so I greatly appreciate the opportunity to work with him.
Mr. Chairman, I yield to Mr. Diaz-Balart for any remarks that he
might have.
Mr. DIAZ-BALART. Mr. Chairman, I want to thank the gentleman for
bringing this up. This is something that I have got to give a lot of
credit to the ranking member as well. This is a program that we are
very familiar with. I look forward to working with the Member from
Michigan on a program that I think a lot of us support, clearly I
support, and the ranking member supports. I want to thank him for
bringing it up.
Mr. KILDEE. Mr. Chairman, I will close. I know the chairman and the
ranking member support this. I urge all of my colleagues, when this
eventually comes back before us, to support robust funding.
Mr. Chairman, I will withdraw my amendment and count on the fact that
we will work together to make sure that this program is fully
supported.
Mr. Chair, I yield back the balance of my time and withdraw my
amendment.
The Acting CHAIR. The amendment is withdrawn.
Amendment No. 28 Offered by Mr. Woodall
The Acting CHAIR. It is now in order to consider amendment No. 28
printed in part B of House Report 115-295.
Mr. WOODALL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1163, beginning line 23, strike ``such'' and all that
follows through ``That'' on line 8 of page 1164.
Page 1164, beginning line 16, strike the colon and all that
follows before the period at the end of line 24.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Georgia (Mr. Woodall) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Georgia.
Mr. WOODALL. Mr. Chairman, this is an amendment to provide the
maximum flexibility to States that are being asked, under this bill, to
rescind $800 million in an obligated budget authority.
As you know, Mr. Chairman, we put money in a lot of different pots
and send it out to a lot of different places to do a whole lot of good
for a whole lot of people, but when you have a bill that is going to
ask the States to pull back some of that money, historically, we have
limited the ability of States to make those decisions.
{time} 2000
With all due respect to anyone's hometown team, I will tell you no
one knows more about how to take care of the safety of the citizens of
Georgia than do the citizens of Georgia and our local elected
officials.
What this amendment would do is allow our local Departments of
Transportation, our State Department of
[[Page H7047]]
Transportation, maximum flexibility in meeting this Federal mandate to
rescind those $800 million worth of unobligated funds.
I ask my colleagues for their support in providing that maximum
flexibility, and I reserve the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I claim the time in
opposition to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, I commend the gentleman
for offering the amendment. I am compelled to oppose it, in part,
because our authorizers have expressed reservations, at least on our
side, about this amendment.
No one disagrees with giving the States flexibility, but we and the
authorizers, in particular, have some questions about how the
gentleman's amendment would go about providing that flexibility.
The set-asides in the bill reflect the agreement in the FAST Act.
Therefore, before legislating on this, we need to be clear about how
this would work and whether it does, in fact, violate the premises of
the FAST Act and other questions raised by our colleagues.
I suggest a ``no'' vote. I also suggest that we could return to this
and deal with it later once some of these questions might be cleared
up.
Mr. Chairman, I yield back the balance of my time.
Mr. WOODALL. Mr. Chairman, I yield myself such time as I may consume.
I am one of those authorizers. I sit on the Transportation Committee,
so I will make myself available to anyone who has questions about the
intent of the Transportation Committee on that measure.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Florida (Mr. Diaz-Balart).
Mr. DIAZ-BALART. Mr. Chairman, I thank the gentleman for bringing
this up. This is something he has done a lot of work on and he knows
this issue very, very well. I think this is a well-done amendment. I
welcome the amendment, and I wholeheartedly support it.
Mr. WOODALL. Mr. Chairman, I thank my friend for those comments.
Again, I want to provide maximum flexibility to what is a very
difficult job, and that is reclaiming those obligated funds from each
one of our districts back home. The question is: Will we trust our
local officials to make the best decisions or will we structure how
those decisions are made here? I trust our local engineers, our local
builders, and our local folks in charge of our public safety.
Mr. Chairman, I encourage my colleagues to support this amendment,
and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Woodall).
The amendment was agreed to.
The Acting CHAIR. The Chair understands that amendment No. 29 will
not be offered.
Amendment No. 32 Offered by Mr. Budd
The Acting CHAIR. It is now in order to consider amendment No. 32
printed in part B of House Report 115-295.
Mr. BUDD. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1184, line 24, after the dollar amount, insert
``(reduced by $474,054,999)''.
Page 1190, line 19, after the dollar amount, insert
``(increased by $1)''.
Page 1190, line 20, after the dollar amount, insert
``(increased by $400,000,000)''.
Page 1190, line 25, after the dollar amount, insert
``(reduced by $400,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from North Carolina (Mr. Budd) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from North Carolina.
Mr. BUDD. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today to oppose a $900 million earmark to the
Gateway Project, an upgrade of an Amtrak rail bridge and tunnel between
Newark and New York City. This earmark is a downpayment. The project is
supposed to be $29.5 billion.
My amendment would do two things: It would cut spending by $474
million, and it would take $400 million and add it to national transit
funding.
Mr. Chairman, New Jersey canceled a project doing the same thing in
2010. That was when it cost $8.7 billion. Now the Federal version costs
$13 billion. This is what the Governor's office said, defending the
decision, in reference to comments made by Senator Frank Lautenberg:
`` . . . perhaps he can explain why he is insisting New Jersey tax
and toll payers fund 70 percent of a project, while billions in Federal
funding pour out of Washington for high-speed rail lines in other
States like Florida, which will pay only 20 percent of project costs.''
Here we are, Mr. Chairman. Billions are about to pour out of
Washington. If this earmark stands, then we send a clear message to the
States: Shortchange your infrastructure, and Washington will bail you
out.
Mr. Chairman, I urge support, and I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Chairman, I rise in strong opposition to the
amendment.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. DIAZ-BALART. Mr. Chairman, let's first get one thing straight:
This is a cut in infrastructure investment, authorized by the FAST Act,
which was passed by this body by a vote of 359-65. It is an authorized
program in the FAST Act. This is not, by any stretch of the
imagination, an earmark.
This amendment proposes a cut of $474 million from the Federal
Railroad Administration State of Good Repair program. This program was
created to address the state of good repair backlog in our intercity
rail transportation system. That backlog, by itself, is estimated to be
at a whopping $38 billion.
This program replaces or, frankly, rehabilitates any publicly owned
or Amtrak-owned infrastructure and will ensure intercity rail service
is safe, reliable, and ready to support economic and population growth.
It is not, by any stretch of the imagination, an earmark. It is an
authorized program.
Now, let me address the funding shift. Again, I respect the
gentleman, but I respectfully oppose what the gentleman is proposing.
We have already allocated significant resources to the new search
program, which I support, consistent, again, with the President's
request. We have chosen to allocate funding for other projects,
consistent with the wills of Congress of this House with the FAST Act
that benefit both commuter and passenger rail and make significant
returns on investment for our country, particularly, by the way, for
our economy.
So we are funding transit infrastructure to get our economy moving,
literally. And, as a nation, we have to address our critical
infrastructure assets, which is why this was authorized by Congress in
the FAST Act--I repeat.
This amendment would undermine that effort, so I would respectfully
urge a ``no'' vote on the gentleman's amendment.
Mr. PRICE of North Carolina. Will the gentleman yield?
Mr. DIAZ-BALART. I yield to the gentleman from North Carolina.
Mr. PRICE of North Carolina. Mr. Chairman, I thank the chairman for
yielding. I join him in opposing this amendment. It would reduce the
total amount of spending on new infrastructure projects by $474
million.
The main criticism of this bill, as the chairman has said, is that we
ought to be doing more investment in infrastructure, not less. This
amendment would make the bill's shortcomings even worse.
The Federal-State partnership for State of Good Repair program can be
used for grants along the Northeast Corridor, the Chicago to Detroit
Corridor, and publicly owned rail infrastructure throughout the Nation.
These corridors include many of the Nation's passenger rail
bottlenecks.
This amendment would take away dedicated funds to improve passenger
rail service throughout our country. It is a distraction from the
infrastructure challenges we face. We should be finding ways to invest
in infrastructure: worthy new projects, expand mobility and
opportunity. This amendment moves in the opposite direction.
[[Page H7048]]
Mr. Chairman, I urge its defeat.
Mr. DIAZ-BALART. Mr. Chairman, I reserve the balance of my time.
Mr. BUDD. Mr. Chairman, a couple of things. I look at this, and this
still allows funding of existing projects and infrastructure, but it
also reduces the deficit, too.
And I want to quote the Eno Center for Transportation here: ``It is
obvious from the beginning of the timeline that the new Hudson River
tunnel project was conceived as a way around Governor Christie's
cancellation of the ARC tunnel project. Instead of having Jersey
Transit as the sponsor like ARC, the new tunnel would be under the
aegis of Amtrak.''
Mr. Chairman, this isn't about Amtrak funding. This is about funding
for a single project in New Jersey that the State, itself, wouldn't
fund in 2010. Amtrak funding for the Northeast Corridor account remains
untouched under my amendment.
We are talking about Amtrak funding for a single project. As the
chairman, himself, has said, a significant proportion of the $328
million in the Northeast Corridor account will go to Amtrak.
This is 300 times the size of an average earmark, when we had
earmarks. We have an earmark ban in place right now. There is debate
over this, but it is not fair with the ban in place that chairmen get
huge earmarks and the rest of us, essentially, are banned. There should
be one rule that applies to everyone, and right now the earmark ban is
what applies.
One-sixth of the non-aviation DOT money in this bill is going to
Gateway. In what universe is that reasonable?
Mr. Chairman, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Florida has 2 minutes remaining.
Mr. DIAZ-BALART. Mr. Chairman, I yield 1\1/2\ minutes to the
gentleman from New Jersey (Mr. Lance).
Mr. LANCE. Mr. Chairman, I thank Chairman Diaz-Balart for yielding me
time.
Mr. Chairman, this is not an earmark. The Northeast Corridor region
is an economic powerhouse. It generates $3 trillion in annual economic
output and is home to 20 percent of the Nation's gross domestic
product, more than 51 million people, and 4 of the 10 largest
metropolitan areas in the United States. It is a moneymaker for Amtrak
and the Federal Government, serving more than 750,000 people every day
on 2,000 intercity and commuter trains.
Travel up and down this corridor of passengers and freight is
critical to the economy of the entire country. If one of these tunnels
were to fail, the negative economic and transportation implications
would ripple to other States such as Kentucky, Delaware, Florida,
Georgia, Indiana, Maine, Maryland, Massachusetts, New Hampshire, New
Jersey, New York, Ohio, Pennsylvania, Rhode Island, South Carolina,
North Carolina, Vermont, Virginia, and West Virginia.
According to the Northeast Corridor Commission, underinvestment in
the Northeast Corridor already costs the economy $500 million annually,
$30 million more than the savings from the amendment.
The Gateway Project is a national priority. I urge a ``no'' vote on
this amendment.
Mr. DIAZ-BALART. Mr. Chairman, as the designee of Chairman
Frelinghuysen, pursuant to section 3 of House Resolution 500, I move to
strike the last word for the purpose of debate.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. DIAZ-BALART. Mr. Chairman, I yield to the gentleman from New York
(Mr. Nadler).
Mr. NADLER. Mr. Chairman, I rise in opposition to this amendment,
which would eliminate funding for the Gateway Project.
The Gateway Project, which includes work on the Portal Bridge and
construction of a new rail tunnel under the Hudson River, is widely
recognized as one of the highest priority transportation projects in
the country.
We should have built new tunnels and expanded capacity on the
Northeast Corridor long ago, but the damage to the existing tunnels
caused by Superstorm Sandy has brought a new urgency to the situation.
If those tunnels were to go down, as they certainly will in the next 10
years without the Gateway Project, there would be no rail service
between New York and New Jersey, massively disrupting transportation
all along the Northeast Corridor from Washington to Boston. Twenty
percent of the economy of the country would be disrupted.
This amendment cuts funding for Gateway and eliminates almost $500
million from the bill completely, sending it to the spending reduction
account. It does not direct that funding to other infrastructure
projects. It does not restore TIGER funding. It reduces national
infrastructure spending when we should be increasing it.
Mr. Chairman, I urge my colleagues to reject this extremely
shortsighted and punitive measure.
Mr. DIAZ-BALART. Mr. Chairman, I yield to the gentleman from New York
(Mr. King).
Mr. KING of New York. Mr. Chairman, I thank the gentleman for
yielding.
Mr. Chairman, the Gateway program will create the new infrastructure
essential to greater resiliency against future potential storms and
disasters, while enabling repairs to damage and achieve capacity and
reliability-related investments for the needs of the Northeast
Corridor's operators for the next 30 to 50 years.
Without extensive repairs and rebuilding of the existing tunnel,
service reliability is likely to continue to deteriorate due to ongoing
damage from saltwater incursion during Superstorm Sandy, from which we
are still suffering 5 years later, eventually forcing a shutdown of one
or both tubes of the Hudson River Tunnel.
Mr. Lance pointed out and Mr. Nadler pointed out the Northeast
Corridor is not just the Northeast. It services the entire Nation. It
serves a massive economic purpose.
It is essential we stand behind this. This is absolutely essential
infrastructure spending. I support Chairman Frelinghuysen, and I
support the ranking member and the chairman of the subcommittee for
their work. Again, it is truly a bipartisan effort and something that
is absolutely essential.
Mr. Chairman, I urge defeat of the amendment.
{time} 2015
Mr. DIAZ-BALART. Mr. Chair, I yield to the gentleman from Indiana
(Mr. Visclosky), the ranking member of the Defense Subcommittee.
Mr. VISCLOSKY. Mr. Chair, I appreciate the chairman yielding. I rise
in strong opposition to the gentleman's amendment and would associate
myself with the chairman's remarks.
The gentleman indicated that there is deficit reduction involved in
his amendment. I would emphasize to all of my colleagues in this
Chamber that this account for fiscal year 2018 is already reduced by
hundreds of millions of dollars. How much more are you going to cut?
I happen to live in Gary, Indiana. I don't live in New Jersey. I
don't live in New York. What I appreciate is that the chairman, the
ranking member, the members of the subcommittee put together a national
investment bill. This is an investment in our Nation, one of the
largest Metropolitan regions and economic engine. If we fail to make
these types of investments, we are making a fundamental mistake,
particularly given the fact that during the last campaign, we heard a
lot about investing in infrastructure, and the gentleman is here
tonight wanting to further reduce that particular investment.
This is an important account to every American citizen. I support the
committee's position, and I am opposed to the gentleman's amendment.
Mr. DIAZ-BALART. Mr. Chairman, I yield back the balance of my time.
Mr. PAYNE. Mr. Chair, as the designee of Ranking Member Lowey, I move
to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. PAYNE. Mr. Chair, I rise in opposition to the proposed amendment.
To coin it an earmark is unfortunate. The amendment would strike the
language passed out of the Appropriations Committee that supports
transportation projects of national significance. The committee voted
to appropriate $900
[[Page H7049]]
million to rail programs already authorized by Congress in the FAST
Act.
For the last 8 weeks, millions of commuters in the New York
metropolitan area suffered through a summer of hell after Amtrak
announced emergency track work at Penn Station, the busiest in North
America, because of three derailments in the span of a few weeks. This
was just an inkling of the turmoil that would be wrought if the Federal
Government does not live up to its promise to fund much-needed repairs
on the Northeast corridor.
I must emphasize, moneys approved by the Appropriations Committee are
for programs already authorized by the FAST Act, which was passed with
overwhelming bipartisan support.
I urge all of my colleagues to vote against the Budd amendment.
Mr. Chair, I yield back the balance of my time.
Mr. BUDD. Mr. Chairman, this is a lot of money, as I mentioned
earlier. The State of Good Repair account is funding at 18 times last
year's appropriated level. Let me say that again: 18 times last year's
level and the budget request.
I will close with one more quote from Governor Christie regarding the
decision to cancel the original version of this project. He said: ``I
don't want to hear about the jobs it will create. If I don't have money
for the payroll, it will not create the jobs. This is not a difficult
decision for me.''
The Federal Government doesn't have the money for the payroll either,
Mr. Chairman. We are $20 trillion in debt. Heritage Action for America,
Club for Growth, FreedomWorks, National Taxpayers Union, and Citizens
Against Government Waste are scoring ``yes'' on my amendment.
Mr. Chairman, I urge a ``yes'' vote.
Mr. Chair, I thank the chairman for yielding, and I yield back.
Mr. DIAZ-BALART. Mr. Chairman, again, I think we know this issue. I
strongly oppose the amendment, and I would urge a ``no'' vote.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from North Carolina (Mr. Budd).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BUDD. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from North
Carolina will be postponed.
Amendment No. 33 Offered by Mr. Brooks of Alabama
The Acting CHAIR. It is now in order to consider amendment No. 33
printed in part B of House Report 115-295.
Mr. BROOKS of Alabama. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1187, strike lines 3 through 15.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Alabama (Mr. Brooks) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Alabama.
Mr. BROOKS of Alabama. Mr. Chairman, America suffered four
consecutive trillion-dollar-per-year deficits during the Obama and Bush
administrations. The election of a Republican House in 2010 brought
progress. The trillion-dollar-per-year deficits were cut to a low of
$439 billion in fiscal year 2015. A $439 billion deficit is still
horrible, but it is a whole lot better than a trillion-dollar deficit.
Unfortunately, America's solvency has deteriorated since 2015. In
fiscal year 2016, America's deficit exploded to $587 billion, $148
billion worse than the previous year. In fiscal year 2017, this fiscal
year, the nonpartisan Congressional Budget Office projects the deficit
will again explode to $693 billion, $145 billion worse this year than
last year, and that is before the bill comes due for the Hurricane
Harvey destruction in Louisiana and Texas.
Congress will soon raise America's debt ceiling as a result, and
within days thereafter, America's debt will blow through the $20
trillion mark.
As a result of America's $20 trillion debt, we pay over $250 billion
per year in debt service. How much is $250 billion? It is roughly five
times what we spend on transportation for things like highways,
bridges, and interstates each year. That debt service money is gone, no
longer able to provide services to Americans; rather, it is spent to
make amends for past government excesses and irresponsible spending.
Worse yet, the nonpartisan Congressional Budget Office projects that
America's debt service costs will increase by another $600 billion
within a decade to more than $800 billion per year. The question is
then asked: Where is that money going to come from? What is going to be
cut? Will it be Social Security, will it be Medicare, Medicaid,
national defense? What?
The CBO, America's Comptroller General Gene Dodaro, and the
Government Accountability Office have all warned Congress and the
President in writing that America's deficits and debt past are:
``Unsustainable.''
To be clear, in the accounting field, the word ``unsustainable'' is
bad, really bad. It is the equivalent of a bankruptcy warning. It is a
warning that America is headed to a debilitating insolvency and
bankruptcy if we don't do better.
In sum, Washington's financial irresponsibility is a betrayal of the
American people, it is pushing America into a debilitating bankruptcy
and insolvency that will destroy the American Dream for our children
and grandchildren.
It is in this setting that I have beseeched the House of
Representatives to be financially responsible. Please support my
amendment that eliminates Federal Government operating subsidies of
Amtrak, thus forcing Amtrak passengers to pay their actual costs of
riding on Amtrak trains.
Stated differently, what policy justification is there for forcing
Americans who don't use Amtrak to subsidize the travel of Americans who
do use Amtrak? I know of none.
How bad is the Amtrak subsidy problem? The Congressional Research
Service reports that, from 1971 to 2015, Federal Amtrak subsidies
totaled $78 billion in constant 2015 dollars.
In fiscal year 2014, Amtrak had a net loss of $1.1 billion. Who will
pay for that loss? America's children and grandchildren, that is who,
because that is money we don't have, have to borrow to get, and cannot
afford to pay back.
Instead of allowing Amtrak to continue to run up debts and add to our
national debt, we should force Amtrak to be self-sufficient, we should
force Amtrak passengers to pay their own travel costs, and we must cut
Amtrak from the government dole. We don't give these kind of subsidies
to people who ride on airplanes, and we don't give these kind of
subsidies in a lot of other means of transportation.
Mr. Chair, I ask for a ``yes'' vote. Be financially responsible. Make
Amtrak pay its own way.
Mr. Chair, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Chairman, I rise in opposition to this
amendment.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. DIAZ-BALART. Mr. Chair, this amendment would shut down, as we
have heard, all 15 of Amtrak's long-distance routes and all 28 State-
supported routes.
Now, let me tell you, the gentleman from Alabama is absolutely very
consistent, he is sincere about trying to reduce the Federal deficit,
and I commend him for that.
Now, here is the problem. This amendment results not in savings but
in increased costs of $423 million. I want to repeat that. This
amendment would have the effect of increasing costs by $423 million. It
would stop all revenues associated with the national network
immediately, but costs would continue to accrue for years, and in
addition, some costs that were paid for from the national network
account would now simply be shifted to the Northeast corridor account.
So, for instance, assets that are shared by both long distance and
Northeast corridor, like stations or tracks, are funded under each
account proportionally. These costs that were formerly paid by the
national network would still need to be paid. So, again, this amendment
actually costs more money.
[[Page H7050]]
I know that, obviously, is not the intent, because I know the
gentleman from Alabama, and I can say that, is absolutely sincere.
This is something that we have to realize. This bill is not just
arbitrary decisions. We held hearings, and we carefully scrubbed each
account to make sure that the reductions that we made were responsible
and that they were actually going to result in reductions.
So, again, this is not the right way to do it. This would actually
increase costs. It is not prudent to eliminate an entire transportation
option.
By the way, furthermore in this case, as I mentioned before, it would
actually cost even more so to do so. So I would respectfully urge a
``no'' vote.
Mr. Chair, I reserve the balance of my time.
Mr. BROOKS of Alabama. Mr. Chairman, only in the Halls of Congress
does a $1.1 billion cut in subsidies for a mode of transportation
allegedly result in higher costs to taxpayers.
I would submit that there is zero evidence that Amtrak passengers
cannot absorb higher fares to pay their own way.
Mr. Chair, we are talking about $1.1 billion out of a $700 billion
deficit for this fiscal year. We have to be responsible, we have to
protect the future of our children and our grandchildren, and I urge
the adoption of my amendment to do just that.
Mr. Chair, I yield back the balance of my time.
Mr. DIAZ-BALART. Mr. Chair, I yield as much time as he would consume
to the gentleman from North Carolina (Mr. Price).
Mr. PRICE of North Carolina. Mr. Chair, I appreciate the chairman for
yielding and join him in opposing this amendment.
Amtrak serves more than 500 destinations in 46 States. It is a more
and more critical component of our transportation system in North
Carolina and many States like it across the country. It connects small
communities that otherwise wouldn't have access to air service or other
first-rate transportation.
In the past 11 years, Amtrak has had ten consecutive years of record
ridership, serving over 32 million passengers last year. So this is an
irresponsible amendment. It would eliminate thousands of jobs for
Amtrak workers, and it would hurt the local economies that benefit from
Amtrak routes.
Eliminating this national network service would also harm State-
supported routes, and we in North Carolina and other States take notice
when that is charged, and it is an accurate charge. They feed into
these long-distance routes. It costs the government billions of dollars
due to the violation of labor agreements. So it would be a very costly
amendment. There is no doubt about it.
Support for a robust national rail system has been reaffirmed by
members of both parties, and we can reaffirm it here tonight by voting
against this amendment.
{time} 2030
Mr. DIAZ-BALART. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Alabama (Mr. Brooks).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BROOKS of Alabama. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Alabama will
be postponed.
Amendment No. 36 Offered by Mr. Soto
The Acting CHAIR. It is now in order to consider amendment No. 36
printed in part B of House Report 115-295.
Mr. SOTO. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1190, line 23, after the dollar amount, insert
``(increased by $48,000,000)''.
Page 1190, line 25, after the dollar amount, insert
``(reduced by $48,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Florida (Mr. Soto) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. SOTO. Mr. Chairman, my amendment would increase funding for the
Small Starts program by $48 million. This is the amount that SunRail, a
constituent passenger train system in my district, would need to begin
phase 3 of construction. Phase 3 would connect the commuter rail system
to the Orlando International Airport.
Currently, the Orlando Intermodal Terminal is under construction at
the airport that would connect two transportation systems, both
Brightline and SunRail, which were only really divided by a few miles,
and Federal funding will eventually be key to connect this intermodal
system and SunRail.
Central Florida needs to be more mobile, and I urge in the future
that we look as we go forward with phase 3, and stand ready to help.
Mr. Chairman, I yield back the balance of my time and I withdraw my
amendment.
The Acting CHAIR. The amendment is withdrawn.
Amendment No. 37 Offered by Mr. Carbajal
The Acting CHAIR. It is now in order to consider amendment No. 37
printed in part B of House Report 115-295.
Mr. CARBAJAL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1201, line 14, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from California (Mr. Carbajal) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. CARBAJAL. Mr. Chairman, I am offering an amendment to ensure we
are taking the appropriate steps to improve pipeline safety to mitigate
some of the devastating impacts of oil spills throughout our Nation.
This is a particularly important issue for my constituents on the
central coast where we have seen the damage oil spills wreak on our
communities and local economies.
During the 1969 Santa Barbara oil spill, over 100,000 barrels of
crude oil spilled into the Santa Barbara Channel. This was the largest
oil spill in California's history that significantly harmed Santa
Barbara's unique marine ecosystems and wildlife, recreational
interests, and commercial fishing.
Paired with the 2015 Refugio oil spill, also in Santa Barbara County,
where clean-up costs hit $92 million, these incidents show us that we
cannot continue to drag our feet. We need to implement pipeline safety
and spill mitigation rules that Congress already passed 6 years ago.
In 2011, the House worked in a bipartisan way to pass the Pipeline
Safety, Regulatory Certainty, and Job Creation Act. This law, which
passed the House unanimously, directed the Pipeline and Hazardous
Materials Safety Administration, or PHMSA, to update and strengthen key
pipeline safety standards. The law called on PHMSA to issue a rule
requiring automatic shutoff valves on new pipelines and to strengthen
requirements for the inclusion of leak detection technologies on
pipelines.
My amendment is straightforward. It sets $1 million of PHMSA's own
budget for the finalization and implementation of sections 4 and 8 of
the bipartisan 2011 pipeline safety law so that our Federal guidelines
are up to date. Section 4 requires new pipelines to install automatic
shutoff valves.
Mr. DIAZ-BALART. Will the gentleman yield?
Mr. CARBAJAL. I yield to the gentleman from Florida.
Mr. DIAZ-BALART. I want to thank the gentleman for bringing this
issue up and just let him know that we are ready to accept his
amendment. So if he would just yield back, I will accept this
amendment. I want to thank the gentleman for bringing it up.
Mr. CARBAJAL. Mr. Chairman, if the amendment is in order to be
accepted, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Carbajal).
The amendment was agreed to.
Amendment No. 38 Offered by Ms. Rosen
The Acting CHAIR. It is now in order to consider amendment No. 38
printed in part B of House Report 115-295.
[[Page H7051]]
Ms. ROSEN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1211, line 19, after the first dollar amount, insert
``(reduced by $47,000,000)''.
Page 1211, line 21, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 1211, line 23, after the dollar amount, insert
``(reduced by $8,000,000)''.
Page 1211, line 24, after the dollar amount, insert
``(reduced by $32,660,000)''.
Page 1212, line 3, after the dollar amount, insert
``(reduced by $1,865,000)''.
Page 1212, line 6, after the dollar amount, insert
``(reduced by $475,000)''.
Page 1294, line 2, after the dollar amount, insert
``(increased by $35,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentlewoman
from Nevada (Ms. Rosen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Nevada.
Ms. ROSEN. Mr. Chairman, I rise in support of my amendment to
increase funding by $35 million for the Neighborhood Reinvestment
Corporation, better known as NeighborWorks America.
For the past 40 years, NeighborWorks America, a congressionally
chartered nonprofit, has provided financial support, technical
assistance, and training for community-based development right here in
the USA.
NeighborWorks partners with more than 240 organizations focused on
providing access to homeownership and to safe and affordable rental
housing. These organizations are public-private partnerships providing
maximum transparency and accountability in their stewardship of scarce
Federal dollars.
In fiscal year 2016, NeighborWorks America developed nearly 13,000
affordable homes, repaired over 55,000 houses, created more than 21,000
new homeowners, and assisted over 360,000 families with affordable
housing.
NeighborWorks has demonstrated the ability to attract private sector
investments to its affordable housing projects, leveraging 91 private
dollars for every $1 of funding appropriated.
Our country is finally on the pathway to recovering from a crippling
housing crisis. My home State of Nevada was hit the hardest when the
housing bubble burst and we experienced one of the highest rates of
foreclosure. My district, which includes Las Vegas, has some of the
lowest availability of affordable rental homes to households with low-
income levels. In fact, there are only 15 affordable and available
rental homes for every 100 rental households.
NeighborWorks has played a critical role in helping develop and
preserve affordable housing, revitalize and sustain neighborhoods, and
create jobs. Last year, Nevada affordable housing organizations like
Neighborhood Housing Services of Southern Nevada, and Nevada HAND,
received over $600,000 in grants, providing homeownership counseling
and education to over 6,500 households, creating over 600 new
homeowners, and preserving homeownership for over 250 individuals.
Congress needs to continue to strengthen programs that allow low-income
families to keep a roof over their heads.
In addition to financial support and technical assistance,
NeighborWorks offers home buyer and foreclosure counseling, and
previously administered the National Foreclosure Mitigation Counseling
program. Created in 2007 to address the nationwide housing foreclosure
crisis, this program has counseled more than 2 million homeowners
facing foreclosure in response to the housing crisis.
You may hear from my friends across the aisle that there is no longer
a need for foreclosure mitigation counseling because foreclosure rates
are decreasing nationwide. And I am glad to see the rates decrease, but
the reality is that foreclosures continue to plague many parts of this
country, including my district.
Statistics from the Department of Housing and Urban Development show
that a foreclosed home depresses home values, reducing appraisal values
by nearly 9 percent. Clearly, preventing even one foreclosure helps
every household in a neighborhood.
Foreclosure mitigation counseling plays a crucial role in reducing
chances that a homeowner will not fall back into foreclosure. These
programs enable counselors to work with homeowners on their budget and
find the best option for their situation.
According to an Urban Institute study, counseled homeowners were
nearly twice as likely to receive a cure for their serious delinquency
or foreclosure as homeowners not counseled through the NeighborWorks
program.
Additionally, NeighborWorks also offers disaster preparedness and
recovery for communities, including training, resources, and
assistance. In fact, organizations in and around the impact zone of
Hurricane Harvey in Houston are ready to offer disaster recovery right
where it is needed most, and we know Irma is on its way to Florida.
On the heels of one the worst natural disasters of our lifetime, and
in the face of additional severe weather events, now is not the time to
roll back our investment in NeighborWorks and the organization it
supports.
Despite the continued need for affordable housing and NeighborWorks'
success at revitalizing communities, the underlying bill would cripple
NeighborWorks by slashing its funding. We cannot afford to reverse our
progress made on affordable housing. Instead, we should continue
critical investments in programs like NeighborWorks that have proven to
be successful.
Mr. Chairman, I urge my colleagues to join me in voting ``yes'' for
this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. DIAZ-BALART. Mr. Chairman, let me first reassure the gentlewoman
that I support the mission of Neighborhood Reinvestment Corporation. As
a matter of fact, this bill that we are on provides $140 million, the
same amount that was provided in 2017. We are not rolling that back at
all.
The reduction from FY16, however, reflects the elimination of the
National Foreclosure and Mitigation Counseling program. Now, this
program was to be a 1-year program when it began in 2007 in response
to, obviously, the foreclosure crisis at the time. Again, this 1-year
program then continued on for 9 years.
Now, recognizing that the economy improved, obviously, significantly,
and foreclosure numbers continued to decline, Congress discontinued the
NFMC program, again, in fiscal year 2017. In fact, the prior
administration proposed elimination of the NFMC in its budget request
for the very same reason.
So in 2016--let's put this in perspective. Foreclosure filings were
at a 10-year low and declined to 14 percent below the 2015 level. The
foreclosure rate has stayed within a historically normal range for 3
years. So, further, the NRC has integrated foreclosure mitigation
counseling into its other counseling programs, eliminating the need for
a separate program. So, again, you know, we scrubbed these accounts.
For those reasons, I respectfully would urge a ``no'' vote on this
amendment.
Mr. Chairman, I reserve the balance of my time.
Ms. ROSEN. Mr. Chair, I yield the balance of my time to the gentleman
from North Carolina (Mr. Price).
Mr. PRICE of North Carolina. Mr. Chairman, I commend my colleague for
offering this amendment, and I strongly support it. Like many Members,
I have seen the difference that NeighborWorks makes in my own district:
making available hundreds of affordable apartments, often for veterans,
for families.
The administration proposed slashing NeighborWorks by $113 million,
so I commend the committee, our subcommittee, for refusing that
proposal. But we need to bring it back to the fiscal year `16 level,
and that is what my colleague is proposing. That would be $35 million.
It would bring us to that fiscal year `16 level of funding, and it
would let NeighborWorks do even more good work in our communities. I
urge adoption of the amendment.
Ms. ROSEN. Mr. Chairman, I yield back the balance of my time.
Mr. DIAZ-BALART. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Nevada (Ms. Rosen).
[[Page H7052]]
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. ROSEN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Nevada
will be postponed.
{time} 2045
Amendment No. 39 Offered by Mr. Grothman
The Acting CHAIR. It is now in order to consider amendment No. 39
printed in part B of House Report 115-295.
Mr. GROTHMAN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1215, line 25, after the dollar amount insert
``(reduced by $177,362,500)''.
Page 1216, line 8, after the dollar amount insert
``(reduced by $177,362,500)''.
Page 1304, line 22, after the dollar amount insert
``(increased by $177,362,500)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Wisconsin (Mr. Grothman) and a Member opposed each will control 5
minutes.
The Chairman recognizes the gentleman from Wisconsin.
Mr. GROTHMAN. Mr. Chair, this amendment reduces the total funding for
public housing tenant-based rental assistance, excluding veterans,
elderly, and the disabled, by $177 million. Our President, Donald
Trump, who was trying to do what he could to balance the budget,
actually had less funding for this program than what there was last
year.
Because I am a person who believes in getting things done through
compromise, I am reducing the increase in this program to only 2
percent from the 4 percent as the bill was shot out of the
Appropriations Committee.
I have always had problems with this program. Like a lot of these
programs, it kind of discourages work in that the more you work the
more your rent goes up. I think, like a lot of these programs, it
discourages marriage, because if you are married to somebody with a
good job, you could lose your apartment. And, finally, like a lot of
these programs, you could take the time to look at some of these
projects. I talked to some of the people in my area who administer
them. The apartments or rental units given to people who get Section 8
are better than a lot of working people, which doesn't seem right
either.
I will also point out, since these appropriations bills were
originally looked at, I mean at that time we already knew we were
looking at blowing through a $20 trillion deficit, since that time, we
have had a couple major hurricanes out there which I think would cause
everybody to look for ways to reduce the spending that was put in these
bills in July.
Mr. Chair, I am going to ask that amendment No. 39 pass. I am going
to ask that we restrict the increase to 2 percent. I can't believe I
compromised so much on that, but we will go for a 2 percent increase
instead of a 4 percent increase, and hope you will all be glad.
Consider it a down payment to help the struggling people in Texas and
Florida.
Mr. Chair, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. DIAZ-BALART. Mr. Chairman, we have scrubbed this bill for savings
in overhead and administration, and I want to thank the gentleman for
always bringing up these important issues. We have funded vouchers at a
level that meets HUD's commitment to those currently receiving
assistance, many of whom are elderly and disabled. I know obviously
that is not what the gentleman is going after, or both. But again, we
scrubbed this bill, and we think that the funding is where it needs to
be at this stage. I would respectfully urge a ``no'' vote on this
amendment.
Mr. Chair, I reserve the balance of my time.
Mr. GROTHMAN. Mr. Chair, I don't see how in our current position we
can afford 4 percent increases on anything. Like I said, I think there
is kind of an inference here that this is overall a good program, and
people ought to be looking at this program. Like so many of these
means-based programs, they kind of create a situation in which we both
discourage work and discourage marriage. I am disappointed that there
would be any alliance in this budget that people would feel a 4 percent
upper was appropriate.
Mr. Chair, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Chairman, I yield as much time as he may consume
to the gentleman from North Carolina (Mr. Price).
Mr. PRICE of North Carolina. Mr. Chair, I thank the chairman for
yielding time to me, and I join him in opposition to this amendment.
There are some conflicting accounts about what the underlying bill
would do. Certainly there has been an attempt to contain the damage in
the bill. Some groups like the National Low Income Housing Coalition,
however, estimate that housing vouchers would be lost under the current
bill, and then we have this amendment? This amendment would compound
many times whatever problems are involved in the legislation. It would
have a horrible impact on low-income families.
The gentleman has asserted here tonight that veterans wouldn't be
harmed, that the disabled wouldn't be harmed, the elderly wouldn't be
harmed. Read the amendment. Where is any of this stated? How can he
make such statement? All these groups and more would be harmed.
Mr. Chair, I urge this amendment's rejection.
Mr. DIAZ-BALART. Mr. Chair, I yield back the balance of my time.
Mr. GROTHMAN. Mr. Chair, just one more time I will point out, it is
all fine and good to say the Federal Government ought to be spending
more money. We are broke, and we got a lot more broke in August when
those hurricanes hit. I think it would be appropriate for everybody
around here to remember that the day will come when we can no longer
borrow money, and that will be a very ugly day indeed.
Like I said, we could have introduced the amendment to go back where
Donald Trump wanted. I know he is a warrior and cares a lot about this
country's children and grandchildren. I put a 2 percent upper in there.
I think it is sad when people feel a 2 percent increase is being
difficult on people. If there are problems back home, there is nothing
that prevents local States or counties or individuals out of their own
pocketbook to put more money in this sort of program.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Grothman).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GROTHMAN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 44 Offered by Mr. Courtney
The Acting CHAIR. It is now in order to consider amendment No. 44
printed in part B of House Report 115-295.
Mr. COURTNEY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1240, line 4, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Connecticut (Mr. Courtney) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Connecticut.
Mr. COURTNEY. Mr. Chairman, this amendment, which I introduced with
my colleague Congressman John Larson also of Connecticut, will address
a serious escalating problem in north central and eastern Connecticut.
Thousands of homes there are currently at risk of collapse due to
crumbling concrete foundations. A mineral identified as pyrrhotite was
present in stone aggregate mined in a quarry in Willington,
Connecticut, and used in
[[Page H7053]]
concrete to pour home foundations in at least 36 towns in the region
from the 1980s through the early 2000s.
Exposure to moisture causes the pyrrhotite to rust in the foundation
over time, causing the foundation walls to bow and crack, eventually
deteriorating to the point where homeowners can literally see through
the cracks and even remove chunks of the foundation by hand.
This is a complex issue, and our amendment is a critical step to
bring assistance to the region. It directs HUD to develop applications
of Community Development Block Grants to pyrrhotite-related residential
damage under its antiblight programs and procedures.
It is our belief that HUD, State, local, and private sector
stakeholders can develop a collaborative basket of solutions to ease
the burden of homeowners and prevent damage to the broader real estate
market and economy of the region.
Mr. Chair, I urge passage of this amendment, and I reserve the
balance of my time.
Mr. DIAZ-BALART. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. DIAZ-BALART. Mr. Chairman, I appreciate the gentleman's concern,
and I look forward to working with him and also with HUD to address
this issue, and I want to thank him for bringing this up.
Mr. Chair, I accept the amendment, and I yield back the balance of my
time.
Mr. COURTNEY. Mr. Chair, I want to thank the chairman for his
remarks, and I yield 1 minute to the gentleman from Connecticut (Mr.
Larson), my colleague.
Mr. LARSON of Connecticut. Mr. Chair, in less than a minute, I want
to thank the chairman and I also want to thank the ranking member for
their support in what is a critical issue to the citizens of the State
of Connecticut. I want to thank Representative Courtney for
spearheading this effort in the State of Connecticut, along with a
young State senator named Timothy D. Larson.
Mr. COURTNEY. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Connecticut (Mr. Courtney).
The amendment was agreed to.
Amendment No. 46 Offered by Mr. Grothman
The Acting CHAIR. It is now in order to consider amendment No. 46
printed in part B of House Report 115-295.
Mr. GROTHMAN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1247, line 2, after the dollar amount, insert
``(reduced by $266,000,000)''.
Page 1304, line 22, after the dollar amount, insert
``(increased by $266,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Wisconsin (Mr. Grothman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. GROTHMAN. Mr. Chair, I would like to thank the chairman and
ranking member for their collaborative effort to bring this bill
forward. I do rise in support of my amendment to H.R. 3354, which
should be amendment No. 46.
This amendment deals with project-based rental assistance rather than
tenant-based rental assistance. It suffers from the same problems,
however. One more time, our President, when he introduced his budget
looking at the $20 trillion deficit, decided to reduce this program a
little bit. And it probably would be good to reduce the program a
little bit because, like many of these programs, it is fundamentally
flawed in that it discourages work and also discourages marriage.
I have looked at some of these housing projects in my district, and
it is again irritating that people who are getting free housing
sometimes have better housing than people who are paying for their own
housing; therefore, I make the modest request to get rid of the
increase in the current budget. I am not going as far as our President
who actually decreased this line, but I think it is fair to reduce the
current bill by $266 million, which is the increase in the current
year.
Again, I think, as opposed to when this bill was originally put
together, we have had a couple hurricanes which I think would cause
everybody in this building to realize that insofar as we can spend any
more money in this budget, it should be focused a little bit more on
the people in Texas and Florida, and we should not be increasing other
programs.
Mr. Chair, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. DIAZ-BALART. Mr. Chairman, this amendment would cut funding as
was explained to what I believe is a vital HUD program that houses 1.2
million low- and very low-income households across the country. Now, a
majority of those households include folks with either disabilities or,
frankly, folks who are elderly. The average household income is less
than $12,000.
This funding level would not allow HUD to renew all expiring housing
contracts with private owners. It also would cause some other issues of
instability in that program, that platform, and it could cause housing
providers to leave the program.
The gentleman has, I think, some very valid points about some of his
concerns with all of these government programs. I just don't think this
is the right way to do it.
Mr. Chair, again, I would urge a ``no'' vote on this amendment, and I
reserve the balance of my time.
Mr. GROTHMAN. Mr. Chair, I yield back the balance of my time.
Mr. DIAZ-BALART. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Grothman).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GROTHMAN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 48 Offered by Mr. Stivers
The Acting CHAIR. It is now in order to consider amendment No. 48
printed in part B of House Report 115-295.
Mr. STIVERS. Mr. Speaker, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1258, line 19, after the dollar amount, insert
``(reduced by $28,375,000) (increased by $28,375,000)''.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Ohio (Mr. Stivers) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Ohio.
Mr. STIVERS. Mr. Chairman, my amendment would transfer funding for
the Private Enforcement Initiative at HUD to the Administrative
Enforcement Initiative. The amendment does not change the top line
appropriation.
I believe the Fair Housing Act must be strongly enforced, and I
believe this is best accomplished by strengthening HUD's Administrative
Enforcement Initiative and enhancing the role of State and local
agencies in finding and punishing bad actors.
The Private Enforcement Initiative has been abused by some nonprofits
that are more interested in winning attorneys' fees than finding and
punishing bad actors. The cost of these frivolous lawsuits ultimately
is transferred onto low- and middle-income Americans in the form of
more expensive rent and housing, worsening our country's affordable
housing crisis.
I don't believe this is fair or what was intended under the Fair
Housing Act. I believe there is a better way to more strongly and
effectively enforce fair housing protections, a similar amendment
passed 2 years ago, and I encourage my colleagues to support this
amendment.
Mr. Chair, I reserve the balance of my time.
[[Page H7054]]
{time} 2100
Mr. PRICE of North Carolina. Mr. Chair, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, I strongly oppose this
amendment. The Private Enforcement Initiative provides grants to
nonprofit organizations to prevent and eliminate discriminatory housing
practices.
These organizations receive complaints. They investigate them. They
work to educate landlords and property managers on their
responsibilities under Federal fair housing law. Their work ensures
that legitimate complaints move forward and that education is provided
to housing providers when that is appropriate.
Across the country, PEI grantees are working to ensure that families
with children have access to housing. Just this May, HUD and Project
Sentinel, an organization in California, announced a conciliation
agreement with a landlord who refused to rent to people with small
children and infants. Another PEI grantee in California worked to
ensure that a person with disabilities had access to a medically
required service animal. Another grantee in Illinois worked to ensure
that a mortgage lender did not discriminate on the basis of race. This
is the kind of work that PEIs do.
It may seem expedient to some to transfer the funding and
responsibility of investigating fair housing complaints to States and
local units of government, but we would lose a lot by doing that. What
we would lose is the organizational knowledge, the years of expertise
that the PEI program has developed.
Now, if the gentleman has specific issues with the program about how
it is run, you know, the authorizing committee can hear those
complaints, not the appropriations process. This is not the place to
refine the law under which the program operates, let alone to pull the
plug on funding.
Given all of the good work that PEI grantees do across the country
and in my district, I can't support eliminating this program, and I
urge colleagues to oppose this amendment.
Mr. Chair, I reserve the balance of my time.
Mr. STIVERS. Mr. Chairman, unfortunately, in some jurisdictions there
are many abuses. ``60 Minutes'' had a great story about this. Other
media outlets have featured the abuses as well.
The gentleman argues that, gee, we can't do this in the
appropriations process. We do limitation amendments every day.
Limitation amendments are germane and effective controls that we have
in place and we are allowed to put in place on these spending programs.
I simply believe that the administrative enforcement initiative is
more effective and will use the money to better help low- and moderate-
income Americans.
I disagree with the gentleman, and I urge my colleagues to support
the amendment.
Mr. Chair, I reserve the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, this amendment is a pretty
good example, I must say, of throwing the baby out with the bathwater.
There may be complaints here and there. There are ways to pursue those
complaints. But the good work that these organizations do, the
documented cases of discrimination, discriminatory practices, exclusion
that they have remedied, that they have made right, should be very
compelling to us.
Certainly, the blunt instrument of simply withholding of funding
isn't going to deal with that. It is going to likely do great damage to
organizations that, across the country, have had a very positive
impact.
This amendment would end their work. It would end the work of
nonprofits that use funding to ensure housing providers remain in
compliance with Federal housing law. It is a very bad idea.
Mr. Chair, let's oppose this amendment, and I yield back the balance
of my time.
Mr. STIVERS. Mr. Chairman, I would direct the gentleman, Mr.
Chairman, to a GAO report on this very program that talks about these
abuses, and I hope he takes a serious look at it.
Mr. Chair, I urge my colleagues to support this amendment, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Ohio (Mr. Stivers).
The amendment was agreed to.
Amendment No. 49 Offered by Mr. Thompson of Pennsylvania
The Acting CHAIR. It is now in order to consider amendment No. 49
printed in part B of House Report 115-295.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I rise to offer amendment
No. 49.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division H (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to establish or collect tolls on Interstate Route 80
in the Commonwealth of Pennsylvania.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Pennsylvania (Mr. Thompson) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I rise to offer amendment
No. 49 to the underlying bill, H.R. 3354, Make America Secure and
Prosperous Appropriations Act.
Mr. Chairman, the Commonwealth of Pennsylvania, over a 5-year period,
has failed three attempts to place tolls on Interstate 80.
Pennsylvania's failed plan has cost millions of dollars, led actually
to the indictments of several political insiders, and abetted in
diminishing the average citizen's faith in their public institutions.
Unfortunately, Pennsylvania still has authorizing language for tolls
of Interstate 80 in State law. Any move by Pennsylvania to dust off the
plans to toll one of its interstates must be met with scrutiny and open
public debate, and this amendment will ensure that that happens.
The amendment I have offered with Mr. Kelly will simply limit funds
from this bill for the purpose of placing tolls on Interstate 80 in
Pennsylvania during the fiscal year 2018.
Mr. Chair, I reserve the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I claim the time in
opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, I can't imagine why we
would want to micromanage Pennsylvania's transportation system. I
wouldn't want the body micromanaging North Carolina's.
We had a decision about tolling in my district a few years ago.
Tolling wasn't anybody's first choice or second choice or third choice.
But if tolling had not been instituted on a part of the loop road
around Raleigh, North Carolina, if tolling had not been instituted, we
would have waited 20 years for the road to be constructed. So we took a
deep breath and we undertook a toll project, and that is why the road
is built and serving commuters today.
Now, that decision could have gone either way, but we would have had
no business in this body coming in and dictating that decision in North
Carolina or any other State. I don't know why we should start tonight.
Federal law is very flexible about the use of Federal aid funds for
new toll facilities and even existing toll-free roads. States will make
different decisions about this.
I would say our infrastructure needs are pressing enough to require
an all-of-the-above approach, and if tolls are appropriate and are
accepted, then that is perhaps what we should do. But that is a
decision for State and local officials and their constituents in
considering these matters. We have no business in adopting an amendment
of that sort, and I very much hope we will not.
Mr. Chair, I reserve the balance of my time.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I am not sure. I
appreciate the gentleman's opinion, but I don't see where Congress does
not have input into a Federal highway, and that is what Interstate 80
is. It is approximately 311 miles. It is more than well-maintained. The
cost of it, with significant gas taxes levied today, pays for not just
the maintenance, but the construction and the improvements that are
necessary.
[[Page H7055]]
Again, we are talking Federal gas tax, again, a nexus to this body
that the gentleman doesn't seem to realize. What this amendment does is
just call on and require an open debate with scrutiny, and so I, quite
frankly, continue to just ask the support for this amendment.
Mr. Chair, I reserve the balance of my time
Mr. PRICE of North Carolina. Mr. Chairman, I would like the clarify
that I am not the least bit interested in getting into the merits of
this project. It is none of my business, none of our business, so that
is not the point. I haven't said a word about the merits of the
project. I know nothing about it.
What I do know is that this is a decision that the State of
Pennsylvania is perfectly capable of making for itself. I am not
interested in the folks that might be on the losing side of a decision
to come to this body to carry their water. We have no business doing
that.
This is simply an inappropriate exercise of appropriations power, and
I urge the amendment's rejection.
Mr. Chair, I yield back the balance of my time.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I made my arguments
clear, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Thompson).
The amendment was agreed to.
The Acting CHAIR. It is now in order to consider amendment No. 50
printed in part B of House Report 115-295.
Amendment No. 51 Offered by Mr. King of Iowa
The Acting CHAIR. It is now in order to consider amendment No. 51
printed in part B of House Report 115-295.
Mr. KING of Iowa. Mr. Chairman, I have an amendment at the desk made
in order by the rule.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division H (before the short title), insert
the following
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce the prevailing
wage requirements in subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the Davis-Bacon
Act).
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Iowa (Mr. King) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chairman, I yield myself such time as I may
consume.
This is an amendment, a Davis-Bacon amendment, and it will be brought
on each of the four segments of this appropriations bill that we are
considering here in the House this evening and perhaps tomorrow
morning, Mr. Chairman.
Just to make it clear, the text of the amendment is very simple. It
says, ``None of the funds made available by this act may be used to
implement, administer, or enforce the prevailing wage requirements in
subchapter IV of chapter 31 of title 40, United States Code,'' and this
is commonly referred to as the Davis-Bacon Act.
What the Davis-Bacon Act is, it is a statute that exists from about
1933, and its genesis is back during the Great Depression when there
was, let's say, labor protectionism brought about by the unions in New
York City. When a contractor from Alabama bid a Federal building
contract--and there were not many of them in those days--that Alabama
contractor was successful and he imported African-American labor out of
Alabama to do the work in the trade zone of the construction unions in
New York City. And so two Republicans, a Republican Senator and a
Republican Member of the House, got together and wrote the Davis-Bacon
Act, which is defined as prevailing wage.
In my 42 years in the construction business, which we just concluded
as of Labor Day, this past Labor Day, we have dealt with the Davis-
Bacon Act quite a lot. Our math goes somewhere between an 8 and 35
percent increase in the cost of the projects. We use an average of 20
percent. I believe you will see some of those sophisticated studies go
to a 22 percent increase in prices.
So we are dealing with taxpayers' moneys here in a fiscal time when
we need to get to a balance. There never was a time we should be
wasting taxpayers' money. A prevailing wage, a real prevailing wage is
a merit shop wage, not a union scale imposed by a BOGSAT, which is a
bunch of guys sitting around a table deciding whether they want to give
raises to the different classifications within the labor force.
I have long opposed the Davis-Bacon wage scale. It messes up the
efficiency within our companies and makes us less efficient. This just
doesn't raise the cost and impose the union scale on the taxpayers, but
it erodes the efficiency that you can provide in a private sector
approach. And so after all of these years, I am pledged to see the day
when this is finally repealed.
I urge the adoption of this amendment which strikes the use of Davis-
Bacon enforcement in the underlying appropriations, and I reserve the
balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I claim the time in
opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chair, I rise in opposition to this
amendment. Davis-Bacon is a pretty simple concept, and a fair one. It
requires that workers on a federally funded construction project be
paid no less than prevailing wages, the wages paid in the community for
similar work.
The Davis-Bacon Act ensures workers are paid decent wages, while
preventing unscrupulous contractors from undercutting competitors. In
doing this, Davis-Bacon helps protect workers and the Federal
Government.
Mr. Chairman, the House has taken numerous votes on this issue, and
on every vote, this body has maintained Davis-Bacon requirements.
Last year, we avoided including divisive language like this, and it
is my hope that we will stop attacking working people and their
organizations and defeat the amendment before us.
Mr. Chair, I reserve the balance of my time.
Mr. KING of Iowa. Mr. Chairman, may I inquire as to how much time I
have remaining?
The Acting CHAIR. The gentleman from Iowa has 2\1/2\ minutes
remaining.
{time} 2115
Mr. KING of Iowa. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would like to point out that I hear the script read
every year that I bring the effort to repeal or undo Davis-Bacon, but I
don't really hear a lot of response to the fact that Davis-Bacon is a
Jim Crow law designed to keep minorities, particularly African
Americans, out of the construction trades, particularly in the unions.
The assertion that it is a prevailing wage doesn't hold up when you
live in this universe where I have for 42-plus years--and that is just
as an owner, and working out, I saw that also for other companies.
So when I see these rates and I talk to a contractor that is building
bridges in rural Missouri down there in the whoops and hollers, as we
say, and they are paying for an unskilled laborer who, for a number of
those hours, does lean on the shovel while he waits for other things to
get done, $23 an hour for wages, $22 an hour for fringe benefits, $45
an hour out of pocket for the contractor really just transferred to the
taxpayer. That is an example.
There is much of it that is here that goes in 46, 57, here is $51.60
an hour, Mr. Chairman. So, no, this is not prevailing wage.
There is no study that I have found in all the time I have dealt with
this that would demonstrate that prevailing wage is a merit shop earned
wage. Instead, it is set, as I said, by a bunch of guys sitting around
a table. It reflects almost always union scale.
Many of the merit shop contractors will not report their Davis-Bacon
prevailing wages because they know that just brings union organization
up against them. They want to avoid that, so they are not reporting
what they are actually paying in wages.
In many of the States that have adopted a mini Davis-Bacon for their
State or the States that are highly unionized, they press this thing to
the point where the difference between the merit shop wages and union
scale is very close together.
[[Page H7056]]
We have also double-breasted operations where you might have a
company that is Company A and Company B wrapped up, and one-half of the
company is union and the other half of the company isn't. That is to
comply with Federal regulations.
There is a gentleman who used to serve this Congress in
Massachusetts, who was famous for saying that the Federal Government
has no business intervening in between a relationship between two or
more consenting adults. I agree with that. An employee and an employer
should be able to decide what they want to make as their business
agreement. If I decide I want to pay someone $100 an hour or $1,000 or
$1 an hour, that should be up to me.
Mr. Chairman, I urge adoption of this amendment, and I yield back the
balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I yield the balance of my
time to the gentleman from New Jersey (Mr. Norcross).
Mr. NORCROSS. Mr. Chairman, I rise in strong opposition to this
amendment that would eliminate the Davis-Bacon prevailing wage.
Is it that time of year?
It must be. Come back here to Congress and say: I want to lower the
wages and working conditions for those men and women in my district.
That is exactly what we are hearing.
When you can't win it on the votes, you make revisionist history, you
play the race card, you throw whatever you can.
Over 100 years ago, Republican Congressmen Jim Davis and Robert Bacon
realized there was a problem with Federal contracts. These contracts
were unfair to local economies. They were not taking into account what
had been going on historically in those areas. This, very simply,
ensures that construction workers are paid the same as workers in that
local community.
But what I am hearing tonight is I want to go back to the district,
to people who elected me, and say: I want to lower your wages. I want
to lower them to the point I will make anything up.
Because that is exactly what we are hearing. This has been around,
and it continues to be evolved and made to work because it works for
those local communities. It is about ensuring those local communities
are not going to be run over by big Federal contractors coming in, they
are going to be paid exactly what the people in that community are
being paid.
It continues today because it works. It works in New York, it works
in New Jersey, it works in Florida, and it works in Oklahoma. It is
about fairness. It is about leveling the playing field--something that
apparently many people in this Chamber forgot.
We are here to help raise the standards of men and women we
represent, not lower them. So I encourage that we defeat this amendment
to keep doing what we are supposed to do: represent the people who
elected us and to make their lives just a little bit better, not what
we are hearing: I will play the race card and try to lower the wages.
My God, where are we going? We are fighting to lower wages?
It is about raising people up, letting them be what they should be,
the greatest thing they can be in the greatest country.
Mr. PRICE of North Carolina. Mr. Chairman, I urge defeat of the
amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. KING of Iowa. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Iowa will be
postponed.
Amendment No. 52 Offered by Ms. Jackson Lee
The Acting CHAIR. It is now in order to consider amendment No. 52
printed in part B of House Report 115-295.
Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division H (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used in contravention of section 5309 of title 49, United
States Code.
The Acting CHAIR. Pursuant to House Resolution 500, the gentlewoman
from Texas (Ms. Jackson Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chairman, I am reading a headline that says that
experts say it could take Houston years to fully recover from Hurricane
Harvey.
This is not because my local leaders, mayors, county judges, and
Governors are not working as hard as they can, but it is the most
significant, singular, and devastating costly flood in the continental
United States history.
Certainly, we are praying that Hurricane Irma detours away from those
places that it has not yet hit. We certainly pray for Puerto Rico, the
U.S. Virgin Islands, the other Caribbean islands, and certainly our
friends in Florida and up the East Coast. But right now we have that
unlikely and unappreciated position of having the most devastating
flood.
So my amendment has to do with State and local funds being part of
designing their own reconstruction, their own projects, their own
capital projects. Specifically, my amendment says that none of the
funds made available by this act under the heading Federal Transit
Administration--Transit Formula Grants may be used in contravention of
section 5309 of title 49, United States Code.
The identical amendment was offered in the Jackson Lee amendment to
H.R. 2577 and received a positive voice vote.
In particular, this amendment affirms the importance to the Nation of
projects that create economic development, particularly in the
transportation area.
Pursuant to section 5309 of title 49, the Secretary of Transportation
may make grants under this section to State and local governments.
Mr. DIAZ-BALART. Will the gentlewoman yield?
Ms. JACKSON LEE. I yield to the gentleman from Florida.
Mr. DIAZ-BALART. Mr. Chairman, I am prepared to accept this
amendment. If the gentlewoman is willing to yield back the balance of
her time, I am more than willing to accept her amendment. I want to
thank the gentlewoman for bringing it up.
Ms. JACKSON LEE. The chairman is very kind. Let me thank the chairman
and the ranking member of the subcommittee. If I might just take one
moment and I will conclude taking your gracious offer.
First, I would like to acknowledge that this amendment is supported
by the trade unions, the TTD. I thank them very much for their support.
Mr. Chairman, I include in the Record the article about our
rebuilding.
[From the Washington Post, Aug. 28, 2017]
Nation's Fourth-Largest City Struggles to Get Moving Again After Harvey
(By Ashley Halsey III, Michael Laris, Martine Powers and Luz Lazo)
Cleanup and flooding in Texas continue in wake of Hurricane
Harvey.
Under the threat of more rain and flooding this week, the
regional hub that is Houston faced the daunting prospect of
clearing mud-swept roadways, opening two of the nation's
busiest airports and resuming operations at the country's
second-busiest port.
Many streets remained impassable, with water more than
waist-high. Those highways not flooded too often led to
others that were. And officials said it was too soon to say
when the transit system would resume operations.
Houston is a city that for the past eight years led the
nation in growth, and although transit was considered to have
its place, the city's backbone is the oil industry, which
relies heavily on new highways to get around town. When the
city spread out into Harris County--which has 6.5 million
people to the city's 2 million--the connections were
roadways. The state maintains more than 1,200 miles of them,
including four interstates, three of which crisscross the
downtown area.
Even though the worst of the storm appeared to be over,
transportation officials continued to urge people to stay off
the roads. ``We're expecting more rain,'' Houston Fire Chief
Samuel Pena said.
``The roads are dangerous. Stay off the roads.''
Once the water clears, it may take weeks or months before
roads are fully ready for travel, said Dave Newcomb, a senior
research engineer at the Texas A&M Transportation Institute.
He said the primary concern will be local streets and
roadways, not the freeway system.
[[Page H7057]]
``The freeways are probably going to be okay,'' Newcomb
said. ``They're built with lots of support underneath them.
They're built for heavy loads and adverse conditions.''
But local roads built on rain-saturated soil may be left in
a weakened state, he said, taking a month or two before they
stabilize. Bridges that had swift-moving floodwaters around
them must be checked for scouring around their supports, he
said.
The sheer scale of the immediate recovery is daunting.
``It is really difficult because we're so spread out and
highway-dependent,'' said Kyle Shelton, director of strategic
partnerships at the Kinder Institute, an urban-research think
tank at Houston's Rice University. ``We just have so many
streets and so many roads and so much other infrastructure to
make sure is okay and bring back online. That's going to take
weeks and months.''
Houston's two big airports--George Bush Intercontinental
Airport and the William P. Hobby Airport--will begin to see
traffic on their runways even as the rest of the region
struggles to find its footing. Officials said Hobby will
remain closed until Wednesday; Bush until Thursday.
The magnitude of the backup to the national aviation system
caused when Houston shuts down was evident Monday: 772
flights had been set to depart from the two airports,
carrying close to 94,000 passengers. The two airports had a
record 1.9 million passengers pass through security last
month.
``You may not even be heading to Houston and still run into
this,'' said Anne McDermott of Farecompare.com. She said that
late Sunday a flight to Dallas landed in Memphis because so
many--Houston-bound flights had been diverted to Dallas.
``It's going to continue to be a fluid situation.''
The Houston Metro's bus system, three light-rail lines and
paratransit services were shut down Monday, with no word on
when they would resume service. In a statement, Metro
officials said they will monitor the situation to determine
when it would be safe to resume service.
If history is precedent, it may be a while before those
buses are back on the road. After Hurricane Katrina in 2005,
it took weeks to restore bus service in New Orleans--partly
because of the condition of flooded roadways, but also
because hundreds of buses were underwater after the storm.
With the city's bus fleet unusable, the Federal Emergency
Management Agency had to scramble to bring in more than a
thousand private coaches to help with evacuation efforts.
The Houston Metro tried to prevent a similar outcome for
this storm, parking more than 100 buses in the HOV lane on an
elevated section of Interstate 59.
``This is a city that was built, in large part, in defiance
of nature,'' said Christof Spieler, an urban planner who is
on the board of Metro.
``Basically, developers just treated this as a big empty
canvas and just spread out across it. We tend to sort of
ignore the natural underpinnings of the city. When this
amount of rain falls, suddenly that natural geography
reasserts itself.''
And in the long run, Houston--like the rest of the
country--has to wrestle with how to become more resilient in
an era when weather hazards are increasing. Over the past
three years, there have been three floods that have ``all
been labeled unprecedented,'' Shelton said. While freeways
and many local streets have major sections that are
underwater, many other areas are not submerged, depending on
their elevation and how much rain there was in that
particular place.
``Houston is used to flooding. We're not used to anything
on the scale of what just happened,'' Spieler said.
Rapid development over the past two decades--and the
sprawling networks of accompanying roadways, subdivisions and
parking lots have left Houston especially susceptible to
major flooding, said Samuel Brody, a Texas A&M University
urban planning professor who leads the Center for Texas
Beaches and Shores.
Such surfaces leave little return path for floodwaters to
go into the ground or drainage channels.
``You've got a smearing of pavement all over a flood-prone
region,'' he said. ``You're putting more impervious surfaces
over a large area that is dominated by flood-prone, low-lying
landscapes, so when it rains, there's all this impervious
surface. It increases the volume and velocity of water going
into the bayous which Houston uses as their primary drain
system.''
Between 1996 and 2011, as development boomed, the
percentage of impervious surfaces in Houston grew by 25
percent, Brody said, citing a report he led that examined the
effect of development on flood damage in the Gulf of Mexico
region. And although the extreme rainfall totals from Harvey
probably would have caused flooding no matter what, Brody
said the presence of pavement increases the amount of damage
on the ground.
The 25-mile-long complex of docks and warehouses that make
up the Port of Houston planned to remain closed Tuesday.
Kurt Nagle, chief executive of the American Association of
Port Authorities, said that early indications show there is
``light to moderate'' infrastructure damage along the Houston
Ship Channel 150 business facilities that generate $617
billion in economic activity per year. At least three vessels
originally headed for Houston have been diverted to New
Orleans, and more may be detoured in coming days from Houston
and other affected ports in Galveston, Victoria, Beaumont,
Port Lavaca and others.
The continuing severe weather may have further effects on
the ports in the region, Nagle said. But even once things
clear up, significant work will need to be done before
shipping channels in the area can reopen. The Coast Guard
will need to perform surveys of the area to determine whether
buoys and navigation aids have been moved or lost, and the
Army Corps of Engineers will need to perform a channel
assessment to ensure that no debris is blocking the shipping
channels under the surface.
Benny Rousselle witnessed the ravages of water during
Katrina from his perch as president of Plaquemines Parish,
south of New Orleans. The priorities for leaders in Houston
are clear, for now: help those who are stranded.
``The pressure is on the local elected officials to get
this community up and running as quick as possible, so they
can come home and help with the recovery,'' said Rousselle,
who is now on the parish council. ``But you cannot do that
until you have enough utilities and roadways cleared so they
can come in,'' Rousselle said.
Ms. JACKSON LEE. Mr. Chairman, I just want to conclude by making this
point to Mr. Diaz-Balart, and it is that local entities should have the
right to direct funds where they believe they are most important,
particularly for transportation projects.
As they do so with Federal dollars, let me also add my support for
Davis-Bacon. It is, in essence, completely opposite with what was
represented. It is a civil rights bill for all people.
I ask my colleagues to join me in making sure the State and local
governments get Federal funds. And as we move forward to restore
Houston and Harris County and all of the Gulf region, this will be a
very important amendment to make sure that we can direct our own
destiny with Federal funds. The Secretary of Transportation has that
authority to give to us to be able to do so.
Mr. Chairman, I ask for support of the Jackson Lee amendment.
Mr. Chair, let me thank Subcommittee Chairman Diaz-Balart and Ranking
Member Price for their leadership on this important legislation and for
the opportunity to explain my amendment.
The Jackson Lee Amendment adds at the end of the bill the following
new section providing that:
Sec.__. None of the funds made available by this Act under the
heading ``Federal Transit Administration--Transit Formula Grants'' may
be used in contravention of section 5309 of title 49, United States
Code.
This amendment is identical to the Jackson Lee Amendment to H.R.
2577, the Transportation, Housing and Urban Development Appropriations
Act for FY2016 adopted by the House on June 8, 2016 by voice vote.
In particular, the Jackson Lee affirms the importance to the nation
of projects that create economic development, particularly in the
transportation area.
Pursuant to section 5309 of title 49, the Secretary of Transportation
may make grants under this section to State and local government the
authority to assist in financing capital projects, small startup
projects, including the acquisition of real property.
This section further supports capacity improvements, including double
tracking, and it specifically relates to work that deals with projects
on approved transportation plans.
That is key; section 5309 of title 49 grants to State and local
governments the authority to undertake capital projects, which means
that when local governments propose their projects, the Secretary has
the authority to go forward on them.
It is instructive to consider what some of the nation's leading
transportation and economic development organization have to say about
the importance and economic impact of investments in local light rail
capital projects.
It is well documented that nothing enhances the competitiveness of a
nation in this increasingly globalized economy, that investments in
transportation infrastructure capital projects.
Whether it is the seaways, dams, highways, or tollways, and whether
it involves other modes of transportation, transportation projects are
major engines driving the economy.
And it is important for the local community to be the drivers of
that.
Metropolitan regions will not be able to maintain its economic
vitality without the ability to create and preserve infrastructure that
supports the movement of people and goods throughout our country.
The Jackson Lee Amendment clearly speaks to the global aspect of the
Secretary of Transportation having the ability to work with our local
and State governments.
Houston is the fourth most populous city in the country; but unlike
other large cities, we
[[Page H7058]]
have struggled to have an effective mass transit system.
Over many decades Houston's mass transit policy was to build more
highways with more lanes to carry more drivers to and from work.
The city of Houston has changed course and is now pursuing Mass
transit options that include light rail.
This decision to invest in light rail was and is strongly supported
by Houstonians by their votes in a 2003 referendum and by their
increased usage of light rail service made possible in part by
transportation appropriations bills.
Specifically, Harris County voters passed a massive referendum
proposal that was to set the stage for transit for the next 20 years.
It included a first stage of four light rail lines, to be complete by
2012, and a master plan for a 65-mile system, to be complete by 2025.
An April 2014 report by the Houston METRO on weekly ridership states
that 44,267 used Houston's light rail service, which represented a
6,096 or 16% increase in ridership from April of the previous year.
This increase in light rail usage outpaced ridership of other forms
of mass transit in the city of Houston: metro bus had a 2.3% increase
over April 2013; metro bus-local had a 1.3% increase over April 2013;
and Metro bus-Park and ride had a 8.o% increase over April 2013.
In a story published February 5, 2013, the Houston Chronicle reported
on the congestion Houston drivers face under daily commute to and from
work.
According to the Chronicle article, in 2011 Houston commuters
continue to enjoy some of the worst traffic delays in the country, and
Houston area drivers wasted more than two days a year, on average, in
traffic congestion, costing them each $1,090 in lost time and fuel.
Today, those figures have increased to 3.5 days a year wasted in
traffic congestion, costing them each $1,850 in lost time and fuel.
To put it in simpler and starker terms: A driver in Houston could see
154 movies this year or purchase 21 tickets to a home Texans game with
the money wasted because of poorly maintained or traffic-clogged roads.
Expanded light rail is critical to Houston's plan to meet its
transportation and environmental challenges, ease its traffic
congestion, and improve its air quality.
Places most likely to see immediate benefit from light rail in
Houston are the 50,000 students that attend the University of Houston
and Texas Southern University.
Funds made available under this deal should be available to support
local government decisions of the Houston Metropolitan transit
Authority and the city of Houston to expand rail service.
When we put our minds to it, we can get things done.
In Houston, we built a port 50 miles from the ocean, created the
world's greatest medical center in the middle of open prairie, and
convinced the federal government to base its astronauts in a hurricane
zone 870 miles from the launch pad.
Each of those achievements shares a common element: elected officials
have advocated, built public support, and brought the agencies
together.
Members of Congress should respect the decisions of state and local
governments when it comes to deciding how they will spend funding made
available for public transportation under this appropriations bill.
I ask my colleagues to again support the Jackson Lee Amendment and
affirm the authority of the Secretary of Transportation to work with
local governments to develop local transit projects that will relieve
traffic congestion, efficiently move people and goods, create jobs and
maintain America's status as the leading economy in the world.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.
Amendment No. 53 Offered by Ms. Herrera Beutler
The Acting CHAIR. It is now in order to consider amendment No. 53
printed in part B of House Report 115-295.
Ms. HERRERA BEUTLER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division H (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to enter into an agreement for the establishment or
collection of tolls on Interstate Route 5 or Interstate Route
205 in the State of Oregon or Washington.
The Acting CHAIR. Pursuant to House Resolution 500, the gentlewoman
from Washington (Ms. Herrera Beutler) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Washington.
Ms. HERRERA BEUTLER. Mr. Chairman, recently, the State of Oregon
passed a transportation package that included a provision to establish
tolls on the State line between Washington and Oregon. Since that time,
there has been a lot of concern in my district that tolls could be
established on the bridges on the Washington border, I-205 and I-5 on
the Washington side.
So far, that is not an unreasonable idea if those tolls are going to
be used on that stretch of roadway. But here is the kicker, Mr.
Chairman: my constituents do use those bridges overwhelmingly. Upwards
of 50,000 people a day commute into Portland to work. The problem is
that the proposal, this scheme, would be used to pay for projects well
south of Portland and a structure of roadways my constituents don't
overwhelmingly use. So they would be paying a toll, and that money
would be used elsewhere in the State for improvements. That is
fundamentally unjust, Mr. Chairman.
I am not opposing the concept of tolls, but that creates a real
problem in terms of how the money is used and I think would break faith
with really the American people. So I am opposing that. That is what my
amendment would do, is stop this practice in this area.
It is not that I oppose the concepts of a fee paid by the users of a
resource. Let me be clear about that. The issue is that that fee then
needs to be allocated towards the construction or the maintenance or
upkeep of that resource. There needs to be that nexus there.
Honestly, we have issues on those two bridges that need to be
addressed, and if those tolls were then diverted for use elsewhere,
then we are going to have some major problems.
So I am opposing this. My amendment would oppose this.
Mr. Chairman, I reserve the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I claim the time in
opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, I rise in opposition to
this amendment. I understand the concern that has led to it about the
practice of tolling or the possibility of tolling on two adjacent
highways in two States.
But the same kind of reasoning that applied, I think, to Mr.
Thompson's amendment earlier would apply to this. This is not a
decision for us to make on the floor of the House tonight. This is
clearly a local matter. We don't have any business micromanaging it.
The States involved can have their own decisionmaking processes. They
have their own ways of consulting with one another for that matter.
Federal law has been pretty flexible on this for good reason. It has
been flexible about tolling, about the treatment of existing toll-free
roads for good reason. We have pressing infrastructure needs in this
country. We have great need for flexibility in the way we fund
infrastructure improvements.
I relayed earlier the kind of decision we made in North Carolina. It
was not particularly our first choice to have a toll road, but the
alternative was waiting 20 years, so we have a toll road. Others will
make other decisions. But it is not our place to preempt those
decisions, let alone in an appropriations bill.
Mr. Chairman, I do oppose this amendment, and I reserve the balance
of my time.
Ms. HERRERA BEUTLER. Mr. Chairman, to the speaker's point, I do
understand, but Interstate 5 and Interstate 205 are highways with
significant Federal interests. They are Federal highways. These are not
backwoods roads. These are not even State routes. These are Federal
highways. The I-5 corridor is over 13,050 miles with an average daily
traffic of 71,000 and a maximum of 300,000 vehicles. So it is a pretty
major Federal investment.
Here is the thing: levying tolls is one thing. That is something this
body does. I think user fees are fundamentally a fair concept, but we
need to apply them fairly. Any attempt to levy tolls on I-205 or I-5 at
the Washington
[[Page H7059]]
State line, the lion's share would be paid by Washington commuters to
pay for infrastructure improvements that these commuters then wouldn't
benefit from. This is where I feel like this is unfair in the extreme.
Mr. Chairman, I reserve the balance of my time.
{time} 2130
Mr. PRICE of North Carolina. Mr. Chairman, I yield 3\1/2\ minutes to
the gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Chairman, this is an interesting question about
an opportunity for people in a region to try and craft a solution.
I have been working with people in Clark County for 40 years, because
this has been a serious problem between Portland and Vancouver, Oregon
and Washington.
The gentlewoman may have noticed that this is a serious problem for
her constituents. In fact, they pay more of the burden in terms of
congestion and lost opportunity for economic development. I hear about
it all the time from businesses in our communities.
There is no solution to this congestion problem without either
investing money or sending some pricing signals to try and change some
behaviors. Not everybody has to cross the I-205 and I-5 freeway at 8:30
in the morning and 5:30 in the evening.
What has been proposed in Oregon is to look at alternatives. I am not
going to prejudge what it is, but I would notice that there is a
yearlong process that is underway, including people on the other side
of the river, because we have always worked with Clark County and
previously with the legislators in the State of Washington and people
in Congress to try and figure out how we work together. We are one
region. There are 60,000 people who work in Oregon every day who have
to negotiate a really troublesome area.
The Federal Government is still trying to pay for 2017 infrastructure
with 1993 dollars. We haven't raised the gas tax since 1993, when
States around the country have been stepping up, including in
Washington and Puget Sound. Voters are expressing their own frustration
and taxing themselves to solve these problems.
The Federal Government has been missing in action. In fact, many of
my friends on the Republican side of the aisle are looking at creative
programs for public-private partnerships. There were 26 Senators who
talked about devolving the interstate freeway system and the Federal
transportation partnership to the States.
For us to swoop in when the Federal Government has been missing in
action and try to help the gentlewoman's constituents and mine and to
try and pull the rug out from underneath, an approach that may have
some potential and would in fact require voter support, I think, is an
egregious overreach.
I may have missed it, but I haven't heard the gentlewoman's proposals
to pay for solutions for her constituents. I have offered some. We are
working on the Oregon side. Occasionally, we have had some partnerships
with the State of Washington, who collapsed the proposal for a Columbia
crossing because they weren't willing to put any money on the table.
For the Federal Government to intervene and take away this option I
think is outrageous and it is wrong.
Ms. HERRERA BEUTLER. Mr. Chairman, I would like to inquire as to the
time remaining.
The Acting CHAIR. The gentlewoman from Washington has 2 minutes
remaining.
Ms. HERRERA BEUTLER. Mr. Chair, I will make this brief.
I think a lot of the points the gentleman from Oregon made are valid,
and I don't reject them at all. I think we need to come up with
solutions to pay for these things. We need to fix the congestion issue.
We are one region, and we need to work together.
I completely agree with all of that, which is why the scheme that was
put together to tax one portion, essentially charge a toll on
Washington commuters who are paying into the Portland and Oregon
economy through their income taxes already and using that money
collected from those tolls not on the bridge, not on the Columbia River
crossing, the area where we all agree we need to find a solution, but
using it elsewhere in the State is fundamentally unfair. He made my
point. That is the problem.
It is not that I oppose the idea of tolls. We are going to have to
bring something to the table. I am not afraid to advocate for that.
That is not the issue here. Even within this commission, they are going
to be looking at other ways to fund their projects throughout the
State. That is great.
It is fundamentally unfair to pick the pocket of working people who
don't even have a right to redress Oregon's government. They don't get
to vote. So to take their money because you can smacks of really being
a bully. That is what I am against; that is what is unfair; that is
what I won't stand for; and that is why I am offering this amendment.
Mr. Chairman, I urge its adoption, and I yield back the balance of my
time.
Mr. PRICE of North Carolina. Mr. Chair, I yield back the balance of
my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Washington (Ms. Herrera Beutler).
The amendment was agreed to.
Amendment No. 54 Offered by Mr. Grothman
The Acting CHAIR. It is now in order to consider amendment No. 54
printed in part B of House Report 115-295.
Mr. GROTHMAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division H (before the short title), insert
the following:
Sec. __. Each amount made available by this Act for title
II of division H (other than an amount required to be made
available by a provision of law) is hereby reduced by 2
percent.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Wisconsin (Mr. Grothman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. GROTHMAN. Mr. Chairman, I would like to thank the chairman and
ranking member for their collaborative effort to bring this bill
forward.
As we all know, we are heading towards $20 trillion in debt. One of
the agencies that I think has been criticized for a long period of
time, to a certain extent for incompetence and to a certain extent
wondering whether a lot of their functions are even things appropriate
for the Federal Government, is the Department of Housing and Urban
Development.
President Trump, who got elected to look out for our children and our
grandchildren, proposed cutting this budget overall by 18 percent. I
commend President Trump for trying to look out for our children and
grandchildren.
The Appropriations Committee has shaved that reduction to 1 percent.
The purpose of my amendment is to increase it to approximately a 3
percent reduction, only about one-sixth of the reduction that President
Trump wanted.
Since we last met in July, we have gone through two hurricanes. We
already voted on an $8 billion appropriation. We know that is just a
small downpayment on the new obligations that we are going to have.
I would ask this House to increase that 1 percent reduction to a 3
percent reduction, which is what we have here. I think that is very
modest. It is not at all what the President wanted. It is just one-
sixth of what the President wanted.
Mr. Chairman, I encourage my colleagues to support this amendment,
and I yield back the balance of my time.
Mr. DIAZ-BALART. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. DIAZ-BALART. Mr. Chairman, we have taken a responsible and
thorough approach to HUD's funding. We have actually reduced HUD's
budget by $487 million below last year. We have done so while keeping
as a priority, for example, housing assistance to the most needy among
us: the elderly, the disabled, our veterans. This amendment would
potentially hurt some of these vulnerable citizens.
Again, the across-the-board approach goes against, frankly, what I
think we
[[Page H7060]]
have to be doing in government, which is do the tough work and go line
by line and identify lower priority or functioning programs for
reductions so that we can then target resources to where they are
actually most needed.
Let me just give you a few examples, Mr. Chairman, of where we have
targeted resources: CDBG, veterans' voucher renewals, vouchers for the
disabled. I cannot agree to an amendment that would, again, cut those
programs across the board.
Also, another issue, which I know is not the Honorable Member's
intent, but I understand CBO has scored this amendment at zero savings.
If we had a lot of time, we could talk about why. So, again, it is
actually not even achieving what the gentleman is trying to achieve.
I do thank him for his passion in looking out for the taxpayers. I
think that is a very needed thing here in Congress. But I respectfully
urge a ``no'' vote on this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Grothman).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GROTHMAN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 55 Offered by Mr. Barr
The Acting CHAIR. It is now in order to consider amendment No. 55
printed in part B of House Report 115-295.
Mr. BARR. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division H (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce--
(1) the final rule entitled ``On-Site Completion of
Construction of Manufactured Homes'', published by the
Department of Housing and Urban Development in the Federal
Register on September 8, 2015 (80 Fed. Reg. 53712 et seq.);
(2) the ``Interpretative Bulletin for Model Manufactured
Home Installation Standards Foundation requirements in
Freezing Temperature Areas Under CFR 3285.312(b)'', published
for comment in the Federal Register on June 21, 2017 (82 Fed.
Reg. 28279 et seq.); and
(3) the memorandum titled ``Construction of On-Site
Installation of Add-Ons, such as an Attached Garage''
published by the Department of Housing and Urban Development
on June 12, 2014.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Kentucky (Mr. Barr) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Kentucky.
Mr. BARR. Mr. Chairman, as many of you know, manufactured homes are
the only form of nonsubsidized housing that is directly regulated by
HUD. Statute dictates that HUD is required to facilitate the
availability of affordable manufactured homes to increase homeownership
for all Americans.
Recently, the Department has imposed excessive and contradictory
regulations on manufactured housing. HUD is impeding on some State
functions, reinterpreting regulations to the detriment of longstanding
and accepted building practices, and implementing rules that
unnecessarily limit consumer choice and increase costs.
As the primary regulator of manufactured housing, HUD should work
with the industry, not against it, to ensure regulations are
streamlined, cost-effective, and applied fairly and transparently,
while also working to keep manufactured housing as an affordable
housing alternative for all American families.
In central and eastern Kentucky and many other parts of rural
America, manufactured housing offers a very affordable option and a
good option for housing for many folks. For the life of me, I do not
understand why the Federal agency charged with the responsibility of
providing affordable housing would be limiting choices and access to
this very affordable and very good option for housing for many rural
Americans.
My limitation amendment would fix three problems where HUD's
regulation of manufactured housing exceeds and, at times, even
contradicts statutes. These three problems are intrusive installation
programs, burdensome and unnecessary onsite completion of construction
rules, and shifting guidelines on alternative construction.
Mr. Chairman, what I am offering here tonight is an important
limitation amendment. Addressing these issues will help mitigate the
ongoing negative impact that these regulations are having on access to
affordable housing across America.
I urge my colleagues to support this important work where Congress
can work together to eliminate impediments to the manufactured housing
market so that all Americans can have access to affordable housing.
Mr. Chairman, I reserve the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I claim the time in
opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, I rise in opposition to
this amendment. Our colleague does make solid points about the
importance of manufactured housing, about the serviceability of it,
about the access of it, about the affordability. There are many, many
aspects about manufactured housing that lend themselves to our
constituents at various income levels.
He asks why we would possibly want any kind of consumer protections
enacted at the Federal level in this business, though. I think the
answer to that is pretty obvious: It is about safety and security. It
is about protecting consumers who put good money down for these houses.
That is not to say every rule, every protection is well-conceived.
Possibly some need to be scrutinized and some need to be revised. But
are we going to do it tonight on the floor of the House in an
appropriations bill? I would hope not. That is not a good way to
proceed.
We, for one thing, have colleagues on the authorizing committee who
have not had hearings, as far as I know, on these issues. We have not
had people who live with these regulations in to talk about them or
groups that look out for the consumers come in.
We have very limited debate here tonight, with 5 minutes on each
side. On that basis, we are going to wipe away carefully conceived
consumer protections in the area of manufactured housing?
{time} 2145
Mr. Chairman, I urge my colleagues not to go down this path. That is
not to say we shouldn't consider these things.
Congress, including the authorizing committees, and HUD should fully
examine the impact of these individual regulations before we jump the
gun and make sweeping changes to existing policy. I urge defeat of the
amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. BARR. Mr. Chairman, I appreciate the gentleman's arguments in
opposition. However, I would argue that the best consumer protection is
competition and choice, and what these misguided regulations do is take
away access, take away competition, take away choices for consumers.
That is not consumer protection. It is certainly not consumer
protection to say to rural Americans looking for access to affordable
housing: You can't have access to a manufactured home.
That is not consumer protection. That is hurting consumers.
And what I would say also is that this is a bipartisan amendment.
There are Members of the party on the other side of the aisle who
recognize that in rural America and other places, we need a bipartisan
fix to bureaucratic overreach, and these are new requirements that are
not thoughtfully conceived, as the gentleman would argue.
In fact, these are new requirements imposed without warning, without
any evidence of consumer harm, without any thoughtful process at the
agency.
So, again, I would urge my colleagues to join us in a bipartisan
amendment to fix a bureaucratic overreach, which denies low-income
Americans with access to affordable housing.
Why in the world would we tolerate the agency that is supposed to be
the
[[Page H7061]]
advocates of poor and low-income Americans denying them access to
affordable housing?
Support this bipartisan amendment, support low-income Americans,
support rural Americans, and support manufactured housing.
Mr. Chairman, I yield back the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, it is news to most of us,
I expect, that consumer protections is incompatible with consumer
choice. We offer protections of all sorts. In the case of housing, it
is against predatory practices. As the houses are sold, it is against
shoddy construction, it is against a race to the bottom in terms of
quality that individual buyers may not be able to perceive.
That compatibility of basic consumer protections and consumer choice
is presented every day in our marketplace, and I certainly don't see
why it should be absent here, although, as I said earlier, some of
these rules may be up for scrutiny. It is just not that we are prepared
to do it here tonight.
I would also point out that the only type of housing that moves
across State lines is manufactured housing, so that probably provides
an additional argument as to why we should be particularly diligent in
dismantling Federal protections. I urge rejection of the amendment.
Mr. Chairman, I yield back the balance of my time
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Kentucky (Mr. Barr).
The amendment was agreed to.
Amendment No. 56 Offered by Mr. Smith of Missouri
The Acting CHAIR. It is now in order to consider amendment No. 56
printed in part B of House Report 115-295.
Mr. SMITH of Missouri. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division H (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used in contravention of section 642(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373(a)).
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Missouri (Mr. Smith) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Missouri.
Mr. SMITH of Missouri. Mr. Chairman, this amendment is very
straightforward. It just requires that funds in Transportation, Housing
and Urban Development, and Related Agencies only go to cities and
States that uphold Federal law.
Mr. Chairman, I reserve the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I claim the time in
opposition to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, immigration enforcement is
a Federal responsibility. Local law enforcement is not and should not
be the long arm of ICE. And if it is perceived to be the long arm of
ICE, it is going to be very difficult to work with the community to do
what needs to be done for local law enforcement and community
protection.
The end result would tear entire communities apart, would greatly
hinder the ability of local law enforcement to effectively do their
job.
Furthermore, this amendment has no place in the T-HUD appropriations
bill. The employees of the Department of Transportation, Housing and
Urban Development are not law enforcement. They do not routinely need
to interact with Immigration and Customs Enforcement. This amendment
would insert unnecessary controversy into the bill. It does nothing to
improve transportation. It does nothing to provide housing for
vulnerable Americans. It doesn't change existing law, nor does it
change the way HUD and DOT programs are administered.
The underlying bill has enough challenges as written without adding
something of this moment and this divisiveness. So I urge defeat of
this needless and partisan distraction.
Mr. Chairman, I yield back the balance of my time.
Mr. SMITH of Missouri. Mr. Chairman, the gentleman across the aisle
is correct when he says that this does not change current law and it is
just enforcing current Federal law. I would just urge the body to
support this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Missouri (Mr. Smith).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. PRICE of North Carolina. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Missouri
will be postponed.
Amendment No. 57 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 57
printed in part B of House Report 115-295.
Mr. PERRY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division H (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to finalize the notice of proposed rulemaking
entitled ``Federal Motor Vehicle Safety Standards; Federal
Motor Carrier Safety Regulations; Parts and Accessories
Necessary for Safe Operation; Speed Limiting Devices''
published by the National Highway Traffic Safety
Administration and the Federal Motor Carrier Safety
Administration on September 7, 2016 (81 Fed. Reg. 61941).
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chairman, I yield myself such time as I may consume.
This amendment would prohibit the use of funds for FMCSA and NHTSA--
two agencies--to finalize their joint notice of proposed rulemaking
mandating the use of speed limiting devices on heavy-duty trucks and
buses.
To support their proposal, FMCSA and the National Highway Traffic
Safety Administration focused on the potential decrease in the severity
of accidents. However, the severity of accidents is already trending
downward, Mr. Chairman.
As a matter of fact, the large truck-involved fatal crash rate per
100 million miles has dropped 74 percent since 1980. Bus-involved fatal
crash rate per 100 million miles has dropped 71 percent since 1980
without the Federal Government's involvement in speed limiting device.
It is not clear that the mandate would further reduce these crashes.
According to the FMCSA reports, 74.1 percent of truck-involved fatal
crashes occur on noninterstates with speed limits lower than the
proposed levels. So they are going to put the speed limiter on, but it
is not even going to apply where the accidents happen.
These are significant concerns that this mandate may actually
increase the number of accidents. Studies have consistently shown that
a higher variance of vehicle speed increases accident risk. It is not
good to have some vehicles going slow and some going really fast in the
same place.
Speed limiters create speed differentials among vehicles. As
interaction among these vehicles increases, so does the likelihood of
more accidents.
Speed limiters will result in lost productivity, necessitating more
heavy-duty vehicles on the road to support current demand because they
won't be able to get the product where they want to get it to because
they are all going to be going slower, mandated by the Federal
Government. Thank goodness the Good Idea Fairy from the Federal
Government showed up where nobody asked them to.
Finally, this proposal disregards the authority of States to
determine speed limits within their borders.
Again, thank goodness the Federal Government is here to tell all 50
States how to run their railroads and run their highways and their
speed limits.
If speed limiters led to fuel savings and increased safety, the
market will incentivize the use of these devices. The market does this
and does it well
[[Page H7062]]
and does it best. However, it is not their role. This is not the role
of the Federal Government to mandate their use.
Mr. Chairman, I am not asking for less money or more money. I am
asking you to save money and save freedom for the American people, make
sure their products get to their homes on time, and to get the Federal
Government out of the way of one truck trying to pass another one, one
doing 54 and another one doing 54.1 miles an hour for 20 miles up the
highway.
Mr. Chairman, I reserve the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I rise in opposition to
the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, the facts are pretty clear
about this matter. A thousand people die on our highways each year
because of speeding trucks. The technology that limits speeding by
large trucks is already installed and successfully deployed by many
trucking companies across this country.
We know that high speeds in large trucks are a deadly combination. A
2012 study by the Federal Motor Carrier Safety Administration found
that trucks without a speed limiting device had twice as many speed-
related crashes as those who had a speed limiter installed. Those are
the facts. Pretty incontrovertible, I believe.
So on the basis of this, quite rightly, the National Highway Traffic
Safety Administration and the Federal Motor Carrier Safety
Administration have a rulemaking under way, a careful rulemaking
looking at all the evidence, and the proposal is here tonight that we
upend that, that we on the floor of this House, with 5 minutes of
consideration on each side, that we abrogate unto ourselves the
decision to upend this safety rule.
This is technology that saves lives. The evidence is very clear. What
that exact rule should look like in the end, we don't know, but we do
know that to completely set aside the rulemaking process in such a
vital area is reckless and irresponsible. This amendment should be
rejected.
Mr. Chairman, I reserve the balance of my time.
Mr. PERRY. Mr. Chairman, the facts are clear that, as I stated, large
truck-involved fatal crashes per 100 million miles has dropped 74
percent since 1980, before speed limiters were even available. Bus-
involved fatal crashes per 100 million miles has dropped 71 percent
since 1980, before all this happened.
Somehow the private sector doesn't want to crash their trucks, and if
the private sector and certain companies want to install the speed
limiters, they do that because they don't want to crash their trucks.
Guess what, folks. Most people don't want to crash their trucks.
Another thing. You know, we love these agencies to do the things that
we don't want to do, apparently, and then we create them, and then they
do things that we don't want them to do, and we say: Well, we abrogate
to ourselves.
Yeah, we were duly elected by the citizens of this country to run the
country. They didn't elect any of these people to come up with these
rules. They don't want them. So I am here to defend the people that
want freedom and don't want nameless, faceless, account-less
bureaucrats running our lives. And this is one instance where they are
doing it.
Mr. Chairman, I ask for positive consideration of this amendment, and
I yield back the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I yield back the balance
of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The amendment was agreed to.
{time} 2200
Amendment No. 58 Offered by Mr. Babin
The Acting CHAIR. It is now in order to consider amendment No. 58
printed in part B of House Report 115-295.
Mr. BABIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division H (before the short title), insert
the following:
Sec. __. None of the funds made available to the
Department of Transportation by this Act may be obligated or
expended to implement, administer, or enforce the
requirements of section 31137 of title 49, United States
Code, or any regulation issued by the Secretary pursuant to
such section, with respect to the use of electronic logging
devices by operators of commercial motor vehicles, as defined
in section 31132 of such title.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Texas (Mr. Babin) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. BABIN. Mr. Chairman, my amendment would delay the implementation
and enforcement of the electronic logging device mandate, currently set
to go into effect this December 18, until the end of the next fiscal
year, September 30, 2018.
But while this amendment is certainly about trucking, truckers, and
the businesses and jobs that depend on them, I think it speaks to
something more, something that all of us, who have the privilege of
serving here in the people's House, are absolutely here to do.
Reducing the regulatory burdens put in motion by previous
administrations is one of our most important jobs here in Congress: to
encourage entrepreneurship and create jobs in America.
This ELD mandate is one such regulation.
I am honored to stand with the independent truckers, our Nation's
agriculture producers, and countless small businesses to offer this
bipartisan amendment and fight on their behalf. More than 30
associations have endorsed this.
Let's make something clear: my amendment will not ban ELDs, and it
will not repeal the mandate from going into effect at a future date.
All my amendment does is delay the mandatory requirement that almost
every interstate hauling truck will have to pay for and install one of
these devices by the end of this year.
For those who have already installed an ELD and are satisfied with
it, my message is simple: if you like your ELD, you can keep your ELD.
While it is too late to use the Congressional Review Act on this
regulation, it is not too late to act.
Passage of this amendment and the underlying bill will set us on the
course to protect small businesses and prevent a major disruption to
the freight and shipping network just 1 week before this Christmas.
To all of my colleagues on the Appropriations Committee, I say thank
you for section 132 of this bill, which already provides relief from
the ELD mandate for livestock haulers. Please join me now to give
relief to all American truckers.
And to all of my colleagues on both sides of the aisle, I say another
year will give the President time to nominate and confirm a full-time
Director of the Federal Motor Carrier Safety Administration, allow for
waivers and exemptions to be examined and adjudicated, and alleviate
the sticker shock for installation and compliance facing small trucking
companies this December 18.
We may disagree on many sorts of issues, but we will all go home on
the weekend to districts where small businesses are the very backbone
of our local communities and our economy. Let's give them a hand. Let's
take another year and get this thing right.
Mr. Chairman, I urge support for my amendment and the underlying
bill, and I reserve the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I claim the time in
opposition to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, I rise in opposition to
the amendment.
Truck crash deaths in this country have increased significantly in
recent years. That should be the backdrop of this discussion. 4,067
people were killed in crashes involving large trucks in 2015 alone.
That is a 20 percent increase since 2009. And studies show that driver
fatigue--that is what this amendment is all about, driver fatigue--is
an important part of the problem.
The Federal Motor Carrier Safety Administration and the National
Transportation Safety Board repeatedly have recommended that all trucks
and buses be equipped with ELDs.
[[Page H7063]]
In 2012, Congress decided to take strong action to address this
problem and passed a requirement for the use of ELDs with bipartisan
support as a part of the MAP-21 legislation.
Supporters of this amendment say that the enforcement community is
not ready to begin enforcement by December 18. That is really not the
case.
And it is also true that inspectors aren't going to pull truckers out
of service for noncompliance until April 1 of next year. That is a
considerable grace period. It will give the trucking and the
enforcement community ample time to adjust to the mandate.
The Department of Transportation has estimated that the benefits
adopting ELDs to be over $1 billion. So implementing the mandate makes
financial sense, and it certainly makes sense in terms of the safety of
our people, the safety on our roads.
Mr. Chairman, I urge opposition of this amendment, and I reserve the
balance of my time.
Mr. BABIN. Mr. Chairman, I would answer that some of the companies
with the worst safety records have had a full slate of ELDs in their
fleet for many years. There is evidence absolutely to the contrary of
what the gentleman just said.
Also, the Obama administration, who signed this bill into law during
a time when the House was Republican and the Senate was Democrat--the
Department of Transportation estimates that the cost of compliance for
this mandate is over $2 billion. That comes from the previous
administration itself.
So I would urge my colleagues to support this amendment and to give
relief to the small businesses. Three out of four truckers are in favor
of delaying the implementation of this mandate.
Mr. Chairman, I reserve the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I yield 1 minute to the
gentleman from Arkansas (Mr. Crawford).
Mr. CRAWFORD. Mr. Chairman, I rise in opposition to Mr. Babin's
amendment, which delays FMCSA's electronic logging device rulemaking.
While well intentioned, this delay will endanger public safety by
giving commercial vehicle operators the ability to exceed the Federal
hours of service limits.
In 2012, Congress passed the Moving Ahead for Progress in the 21st
Century Act, or MAP-21, which instructed the FMCSA to issue a
rulemaking requiring the use of ELDs in commercial vehicles. Congress
again reaffirmed the ELD requirement in the FAST Act and fiscal year
2016 appropriations. The American Trucking Association was in lockstep
with Congress at each instance, and thousands of fleet owners across
the country have taken steps to adopt this technology and train their
drivers as Congress intended.
After 5 years, FMCSA has completed this rulemaking, and has done so
in the proper way: by conferring with industry and Congress and holding
public meetings in advance of implementation.
I can appreciate that my friends in agriculture industry--some of my
closest friends--I serve on the Agriculture Committee, as well as the
Transportation and Infrastructure Committee--would like to see a delay
of the ELD rule. Instead of this amendment being a catch-all delay,
perhaps my friend could have structured a more precise exemption for
those in niche segments of transportation, like agriculture. That is a
policy many would have considered supporting, including myself.
The Acting CHAIR. The time of the gentleman has expired.
Mr. PRICE of North Carolina. I yield an additional 30 seconds to the
gentleman.
Mr. CRAWFORD. In closing, Mr. Chairman, I ask my colleagues on both
sides of the aisle to oppose this well-intentioned amendment--a policy
that secured nearly unanimous support in our conference when it was
enacted--and work with an administration that understands smart,
consumer safety-minded regulations like this.
We can work with the President, Secretary Chao, and others at FMCSA
to address some of the concerns my friend from Texas has without
undoing the progress that has been made to ensure our highways are
safer with ELDs.
Mr. BABIN. Mr. Chairman, I continue to reserve the balance of my
time.
Mr. PRICE of North Carolina. Mr. Chairman, I yield the remainder of
my time to the gentleman from Arkansas (Mr. Westerman).
Mr. WESTERMAN. Mr. Chairman, I rise in opposition to this amendment.
I have great respect for my colleague, Mr. Babin, who introduced this
amendment, and I understand his intentions. I just believe that it is
too late in the game to be changing this rule. There are many companies
who have invested in this technology.
We seem to have a problem in Congress where we can't give clear
direction to businesses, and, therefore, it creates a lot of
uncertainty. They sometimes make investments and the rules change. This
will be a time when the rules would change before this investment would
even be made.
There have been specific issues, like livestock, that have been
addressed already in committee.
Mr. Chairman, again, I urge a ``no'' vote on this amendment.
Mr. PRICE of North Carolina. Mr. Chairman, I yield back the balance
of my time.
Mr. BABIN. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Texas has 1 minute remaining.
Mr. BABIN. Mr. Chairman, in answer to my colleagues from Arkansas, I
appreciate what they are saying. However, the truth is that there is a
lot of confusion.
This is a mandate. Many of us came to Congress to roll back these
types of mandates and this type of regulatory bureaucracy, which
stifles entrepreneurship and the creation of jobs.
We are not trying to do away with this mandate. What we are trying to
do is delay it so that we can adjudicate, study, and let people find
out exactly how much it will cost because there are some disputes
there.
If you like your ELD, you can keep your ELD.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Babin).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BABIN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.
Amendment No. 59 Offered by Mr. King of Iowa
The Acting CHAIR. It is now in order to consider amendment No. 59
printed in part B of House Report 115-295.
Mr. KING of Iowa. Mr. Chairman, I have an amendment at the desk made
in order by the rule.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division H (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used for a new hire who has not been verified through the
E-Verify program.
The Acting CHAIR. Pursuant to House Resolution 500, the gentleman
from Iowa (Mr. King) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chairman, this is an E-Verify amendment. It was
offered in the previous segment of this appropriation bill as well.
What it does, it just simply reinstates and clarifies Federal law,
the requirement to use E-Verify in the forms of all Federal
contracting. Under this T-HUD bill, that is what would apply.
We have run into cases where there has been, let's say, concerns that
the Federal agencies are not uniformly and consistently abiding by
Federal law. This says that the funds will not be used for new hires,
unless they are verified through the E-Verify program.
The E-Verify program--we worked this now for quite a few years,
brought to us by Ken Calvert of California--even though in its early
days it hit a couple of bumps in the road, it has gotten better and
better. We use it, I have used it, it is efficient, and it is not time-
consuming at all.
This reiterates Federal law. In fact, the Federal Acquisition
Regulation Act of 2009 reinforces and requires that compliance be there
for new hires, and
[[Page H7064]]
to use E-Verify on all new hires affected by this appropriations bill.
Mr. Chairman, I urge this adoption, and I reserve the balance of my
time.
Mr. PRICE of North Carolina. Mr. Chairman, I claim the time in
opposition to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, I rise in opposition to
this needless, divisive, and, indeed, provocative amendment.
President Bush, long ago, ordered Federal agencies to comply with E-
Verify. That was in 2007. I have seen no indication that the Trump
administration intends to rescind this order.
This amendment, if it only applies to hiring at Federal agencies,
would do nothing, absolutely nothing. So why is it before us? What is
the purpose here tonight? Is it possibly a political purpose?
What the amendment does do, in fact, is to insert unnecessary
controversy into this bill. It does nothing to improve transportation,
and it does nothing to provide housing for vulnerable Americans.
The underlying bill, one would think, has enough challenges, as
written, without this gratuitous amendment.
Mr. Chairman, I urge defeat of this distraction, and I yield back the
balance of my time.
Mr. KING of Iowa. Mr. Chairman, in response to the gentleman's
comments, I am not at all convinced that it is needless. The reports
that I am getting are that E-Verify has not been adequately enforced,
especially at the contractor and subcontractor level.
This is Congress reminding those who consume Federal dollars and
Federal contracting under this T-HUD appropriations bill that they
shall comply with the law that was referenced by the gentleman. I don't
know why it would be divisive, if it is Federal law, and needless,
supposedly.
Let's go ahead and pass this and remind those that follow Federal law
and this debate won't happen next year.
Mr. Chairman, I urge adoption of this amendment, the E-Verify
amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The amendment was agreed to.
Announcement by the Acting Chair
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in part B of House Report
115-295 on which further proceedings were postponed, in the following
order:
Amendment No. 15 by Mr. King of Iowa.
Amendment No. 17 by Mr. Carter of Georgia.
Amendment No. 25 by Mr. McClintock of California.
Amendment No. 32 by Mr. Budd of North Carolina.
Amendment No. 33 by Mr. Brooks of Alabama.
Amendment No. 38 by Ms. Rosen of Nevada.
Amendment No. 39 by Mr. Grothman of Wisconsin.
Amendment No. 46 by Mr. Grothman of Wisconsin.
Amendment No. 51 by Mr. King of Iowa.
Amendment No. 54 by Mr. Grothman of Wisconsin.
Amendment No. 56 by Mr. Smith of Missouri.
Amendment No. 58 by Mr. Babin of Texas.
The Chair will reduce to 2 minutes the minimum time for any
electronic vote after the first vote in this series.
{time} 2215
Amendment No. 15 Offered by Mr. King of Iowa
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Iowa (Mr.
King) on which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 176,
noes 241, not voting 16, as follows:
[Roll No. 445]
AYES--176
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Brady (TX)
Brat
Brooks (AL)
Buchanan
Buck
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cramer
Crawford
Culberson
Davidson
Dent
DeSantis
DesJarlais
Duncan (SC)
Duncan (TN)
Dunn
Estes (KS)
Farenthold
Ferguson
Fleischmann
Flores
Fortenberry
Foxx
Frelinghuysen
Gaetz
Gallagher
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Griffith
Grothman
Guthrie
Handel
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hurd
Issa
Jenkins (KS)
Johnson (LA)
Johnson, Sam
Jones
Jordan
Kelly (MS)
King (IA)
Knight
Kustoff (TN)
Labrador
LaMalfa
Lamborn
Latta
Long
Loudermilk
Love
Lucas
Luetkemeyer
Marchant
Marshall
Massie
McCarthy
McCaul
McClintock
McHenry
McMorris Rodgers
McSally
Meadows
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Noem
Norman
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Poe (TX)
Poliquin
Posey
Ratcliffe
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Sanford
Schweikert
Sensenbrenner
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (TX)
Smucker
Stewart
Thompson (PA)
Thornberry
Tipton
Trott
Wagner
Walberg
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (IA)
NOES--241
Adams
Aguilar
Barletta
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bucshon
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cook
Cooper
Correa
Costello (PA)
Courtney
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Demings
Denham
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Duffy
Ellison
Emmer
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Faso
Fitzpatrick
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gianforte
Gomez
Gonzalez (TX)
Gottheimer
Graves (MO)
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Hultgren
Hunter
Jackson Lee
Jayapal
Jeffries
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (NY)
Kinzinger
Krishnamoorthi
Kuster (NH)
LaHood
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lewis (MN)
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marino
Mast
Matsui
McCollum
McEachin
McGovern
McKinley
McNerney
Meehan
Meeks
Meng
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Newhouse
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Reed
Reichert
Renacci
Rice (NY)
Richmond
Rosen
Roskam
Roybal-Allard
Ruiz
Ruppersberger
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Soto
Speier
Stefanik
Stivers
Suozzi
Swalwell (CA)
Takano
Taylor
Tenney
Thompson (CA)
Thompson (MS)
Tiberi
Titus
Tonko
Torres
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
Young (AK)
Zeldin
[[Page H7065]]
NOT VOTING--16
Bridenstine
Brooks (IN)
Costa
Cummings
Curbelo (FL)
DeGette
Franks (AZ)
Garrett
Huffman
Lieu, Ted
Pittenger
Ros-Lehtinen
Ross
Rush
Scalise
Wasserman Schult
{time} 2239
Mr. COSTELLO of Pennsylvania, Ms. FRANKEL of Florida, Messrs. LAWSON
of Florida, KELLY of Pennsylvania, MURPHY of Pennsylvania, DAVID SCOTT
of Georgia, and DUFFY changed their vote from ``aye'' to ``no.''
Messrs. FLORES, ROGERS of Kentucky, and DAVIDSON changed their vote
from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. PITTENGER. Mr. Chair, had I been present, I would have voted
``yea'' on rollcall No. 445.
Mr. TAYLOR. Mr. Chair, on rollcall vote No. 445, I incorrectly voted
``no.'' I would like to reflect that I intended to vote ``yes.''
MOMENT OF SILENCE IN MEMORY OF VICTIMS OF HURRICANE HARVEY
The Acting CHAIR (Mr. Ryan of Wisconsin). The Chair would ask all
present to rise for the purpose of a moment of silence.
The Chair asks that the body now observe a moment of silence in
memory of the victims of Hurricane Harvey.
Amendment No. 17 Offered by Mr. Carter of Georgia
The Acting CHAIR. Without objection, 2-minute voting will continue.
There was no objection.
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Georgia
(Mr. Carter) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 141,
noes 279, not voting 13, as follows
[Roll No. 446]
AYES--141
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Banks (IN)
Barletta
Barton
Biggs
Bishop (GA)
Bishop (UT)
Black
Blackburn
Blum
Brady (TX)
Brat
Brooks (AL)
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Comer
Comstock
Conaway
Crawford
Cuellar
Culberson
Davidson
DeSantis
DesJarlais
Duncan (SC)
Duncan (TN)
Dunn
Estes (KS)
Farenthold
Ferguson
Foxx
Frelinghuysen
Gallagher
Gianforte
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Griffith
Grothman
Handel
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Hollingsworth
Hudson
Hultgren
Hunter
Issa
Jenkins (WV)
Johnson (LA)
Johnson, Sam
Jones
Jordan
Kelly (MS)
King (IA)
Labrador
LaHood
LaMalfa
Lewis (MN)
LoBiondo
Loudermilk
Love
Marchant
Marino
Marshall
Massie
Mast
McCaul
McClintock
McHenry
McMorris Rodgers
McSally
Meadows
Mooney (WV)
Noem
Norman
Olson
Palazzo
Palmer
Pearce
Perry
Pittenger
Pocan
Poe (TX)
Poliquin
Polis
Posey
Ratcliffe
Reed
Renacci
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ruppersberger
Russell
Rutherford
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Smith (TX)
Stewart
Taylor
Thompson (PA)
Thornberry
Tipton
Weber (TX)
Webster (FL)
Westerman
Wilson (SC)
Wittman
Womack
Woodall
Yoho
Young (IA)
NOES--279
Adams
Aguilar
Bacon
Barr
Barragan
Bass
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (MI)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Buck
Bucshon
Budd
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Collins (NY)
Connolly
Conyers
Cook
Cooper
Correa
Costello (PA)
Courtney
Cramer
Crist
Crowley
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Demings
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Duffy
Ellison
Emmer
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Faso
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foster
Frankel (FL)
Fudge
Gabbard
Gaetz
Gallego
Garamendi
Gibbs
Gomez
Gonzalez (TX)
Gottheimer
Graves (MO)
Green, Al
Green, Gene
Grijalva
Guthrie
Gutierrez
Hanabusa
Harper
Harris
Hartzler
Hastings
Heck
Higgins (NY)
Himes
Holding
Hoyer
Huizenga
Hurd
Jackson Lee
Jayapal
Jeffries
Jenkins (KS)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCarthy
McCollum
McEachin
McGovern
McKinley
McNerney
Meehan
Meeks
Meng
Messer
Mitchell
Moolenaar
Moore
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Newhouse
Nolan
Norcross
Nunes
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Paulsen
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Price (NC)
Quigley
Raskin
Reichert
Rice (NY)
Rice (SC)
Richmond
Rosen
Roskam
Rothfus
Rouzer
Roybal-Allard
Royce (CA)
Ruiz
Rush
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stivers
Suozzi
Swalwell (CA)
Takano
Tenney
Thompson (CA)
Thompson (MS)
Tiberi
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Walz
Waters, Maxine
Watson Coleman
Welch
Wenstrup
Williams
Wilson (FL)
Yarmuth
Yoder
Young (AK)
Zeldin
NOT VOTING--13
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Franks (AZ)
Garrett
Huffman
Lieu, Ted
Ros-Lehtinen
Ross
Scalise
Wasserman Schultz
Announcement by the Acting Chair
The Acting CHAIR (Mr. Collins of Georgia) (during the vote). There is
1 minute remaining.
{time} 2245
Messrs. PITTENGER, POLIS, and ROHRABACHER changed their vote from
``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 25 Offered by Mr. McClintock
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. McClintock) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 140,
noes 280, not voting 13, as follows:
[Roll No. 447]
AYES--140
Allen
Amash
Arrington
Babin
Banks (IN)
Barton
Biggs
Bilirakis
Bishop (MI)
Black
Blackburn
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Castor (FL)
Chabot
Coffman
Collins (GA)
Collins (NY)
Conaway
Cooper
Costello (PA)
Culberson
Davidson
Denham
DeSantis
DesJarlais
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Farenthold
Ferguson
Flores
Foxx
Gaetz
[[Page H7066]]
Gallagher
Gohmert
Goodlatte
Gowdy
Granger
Graves (GA)
Graves (LA)
Griffith
Grothman
Handel
Harris
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Himes
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Issa
Johnson (LA)
Johnson, Sam
Jones
Jordan
Labrador
Lamborn
Lance
Latta
Lewis (MN)
Loudermilk
Love
Marchant
Massie
McCaul
McClintock
McHenry
McMorris Rodgers
McSally
Meadows
Messer
Newhouse
Norman
Nunes
Olson
Palmer
Paulsen
Perry
Pittenger
Poe (TX)
Polis
Posey
Ratcliffe
Reed
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Roskam
Rouzer
Royce (CA)
Russell
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Smith (TX)
Stewart
Thornberry
Tiberi
Trott
Wagner
Walberg
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Williams
Wilson (SC)
Wittman
Woodall
Yoder
Yoho
Young (IA)
Zeldin
NOES--280
Abraham
Adams
Aderholt
Aguilar
Amodei
Bacon
Barletta
Barr
Barragan
Bass
Beatty
Bera
Bergman
Beyer
Bishop (GA)
Bishop (UT)
Blum
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bucshon
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castro (TX)
Cheney
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Comer
Comstock
Connolly
Conyers
Cook
Correa
Courtney
Cramer
Crawford
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Demings
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Duffy
Ellison
Engel
Eshoo
Espaillat
Estes (KS)
Esty (CT)
Evans
Faso
Fitzpatrick
Fleischmann
Fortenberry
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Gianforte
Gibbs
Gomez
Gonzalez (TX)
Gosar
Gottheimer
Graves (MO)
Green, Al
Green, Gene
Grijalva
Guthrie
Gutierrez
Hanabusa
Harper
Hartzler
Hastings
Heck
Higgins (NY)
Hill
Hoyer
Hurd
Jackson Lee
Jayapal
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marino
Marshall
Mast
Matsui
McCarthy
McCollum
McEachin
McGovern
McKinley
McNerney
Meehan
Meeks
Meng
Mitchell
Moolenaar
Mooney (WV)
Moore
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Noem
Nolan
Norcross
O'Halleran
O'Rourke
Palazzo
Pallone
Panetta
Pascrell
Payne
Pearce
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Poliquin
Price (NC)
Quigley
Raskin
Reichert
Rice (NY)
Richmond
Rogers (KY)
Rosen
Rothfus
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stivers
Suozzi
Swalwell (CA)
Takano
Taylor
Tenney
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tipton
Titus
Tonko
Torres
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walz
Waters, Maxine
Watson Coleman
Welch
Westerman
Wilson (FL)
Womack
Yarmuth
Young (AK)
NOT VOTING--13
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Franks (AZ)
Garrett
Huffman
Lieu, Ted
Ros-Lehtinen
Ross
Scalise
Wasserman Schultz
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2249
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 32 Offered by Mr. Budd
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from North
Carolina (Mr. Budd) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 159,
noes 260, not voting 14, as follows:
[Roll No. 448]
AYES--159
Abraham
Allen
Amash
Arrington
Babin
Bacon
Banks (IN)
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Black
Blackburn
Blum
Brat
Brooks (AL)
Brooks (IN)
Buck
Budd
Byrne
Carter (GA)
Chabot
Cheney
Coffman
Collins (GA)
Comer
Conaway
Crawford
Davidson
DeSantis
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Estes (KS)
Farenthold
Ferguson
Flores
Foxx
Gaetz
Gallagher
Gallego
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Handel
Harper
Harris
Hartzler
Hensarling
Hice, Jody B.
Higgins (LA)
Hill
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson, Sam
Jones
Jordan
Kelly (MS)
Kelly (PA)
King (IA)
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Latta
Lewis (MN)
Long
Loudermilk
Love
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCaul
McClintock
McKinley
McMorris Rodgers
McSally
Meadows
Messer
Mitchell
Mooney (WV)
Mullin
Noem
Norman
O'Halleran
Olson
Palmer
Paulsen
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Renacci
Rice (SC)
Roby
Roe (TN)
Rohrabacher
Rokita
Rooney, Thomas J.
Roskam
Rothfus
Rouzer
Royce (CA)
Russell
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Sinema
Smith (MO)
Smith (NE)
Smith (TX)
Smith (WA)
Taylor
Thornberry
Tipton
Wagner
Walberg
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
NOES--260
Adams
Aderholt
Aguilar
Amodei
Barletta
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Bishop (UT)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Calvert
Capuano
Carbajal
Cardenas
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (NY)
Comstock
Connolly
Conyers
Cook
Cooper
Correa
Costello (PA)
Courtney
Cramer
Crist
Crowley
Cuellar
Culberson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Demings
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Faso
Fitzpatrick
Fleischmann
Fortenberry
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Garamendi
Gianforte
Gomez
Gonzalez (TX)
Gottheimer
Granger
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Herrera Beutler
Higgins (NY)
Himes
Holding
Hoyer
Hurd
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marino
Matsui
McCarthy
McCollum
McEachin
McGovern
McHenry
McNerney
Meehan
Meeks
Meng
Moolenaar
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Newhouse
Nolan
Norcross
Nunes
O'Rourke
Palazzo
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
[[Page H7067]]
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Reed
Reichert
Rice (NY)
Richmond
Rogers (AL)
Rogers (KY)
Rooney, Francis
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Slaughter
Smith (NJ)
Smucker
Soto
Speier
Stefanik
Stewart
Stivers
Suozzi
Swalwell (CA)
Takano
Tenney
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tiberi
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
Young (AK)
Young (IA)
Zeldin
NOT VOTING--14
Brady (TX)
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Franks (AZ)
Garrett
Huffman
Lieu, Ted
Ros-Lehtinen
Ross
Scalise
Wasserman Schultz
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2253
Mr. PALAZZO and Ms. HERRERA BEUTLER changed their vote from ``aye''
to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
personal explanation
Mr. FRANKS of Arizona. Mr. Chair, I was unavoidably detained. Had I
been present, I would have voted ``yea'' on rollcall No. 445, ``yea''
on rollcall No. 446, ``yea'' on rollcall No. 447, and ``yea'' on
rollcall No. 448.
Amendment No. 33 Offered by Mr. Brooks of Alabama
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Alabama
(Mr. Brooks) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 128,
noes 293, not voting 12, as follows:
[Roll No. 449]
AYES--128
Aderholt
Allen
Amash
Arrington
Babin
Bacon
Banks (IN)
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (UT)
Black
Blackburn
Blum
Brat
Brooks (AL)
Buck
Budd
Burgess
Byrne
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Collins (GA)
Comer
Conaway
Crawford
Culberson
Davidson
DeSantis
DesJarlais
Duffy
Duncan (SC)
Emmer
Farenthold
Ferguson
Flores
Foxx
Franks (AZ)
Gaetz
Gallagher
Gibbs
Gosar
Gowdy
Graves (GA)
Graves (LA)
Graves (MO)
Grothman
Guthrie
Harris
Hartzler
Hensarling
Hice, Jody B.
Higgins (LA)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Issa
Johnson (LA)
Johnson, Sam
Jordan
Kelly (MS)
King (IA)
Labrador
Lamborn
Latta
Loudermilk
Luetkemeyer
Marchant
Marshall
Massie
Mast
McClintock
McHenry
McSally
Meadows
Messer
Mooney (WV)
Mullin
Noem
Norman
Olson
Palmer
Pearce
Perry
Pittenger
Poe (TX)
Posey
Ratcliffe
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rohrabacher
Rokita
Rooney, Francis
Rouzer
Royce (CA)
Russell
Sanford
Schweikert
Sensenbrenner
Sessions
Smith (MO)
Smith (NE)
Smith (TX)
Stewart
Taylor
Trott
Wagner
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Woodall
Yoder
Yoho
Young (IA)
NOES--293
Abraham
Adams
Aguilar
Amodei
Barletta
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Bishop (MI)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Calvert
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (NY)
Comstock
Connolly
Conyers
Cook
Cooper
Correa
Costello (PA)
Courtney
Cramer
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Demings
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Duncan (TN)
Dunn
Ellison
Engel
Eshoo
Espaillat
Estes (KS)
Esty (CT)
Evans
Faso
Fitzpatrick
Fleischmann
Fortenberry
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Gianforte
Gohmert
Gomez
Gonzalez (TX)
Goodlatte
Gottheimer
Granger
Green, Al
Green, Gene
Griffith
Grijalva
Gutierrez
Hanabusa
Handel
Harper
Hastings
Heck
Herrera Beutler
Higgins (NY)
Hill
Himes
Hoyer
Hultgren
Hurd
Jackson Lee
Jayapal
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Jones
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lewis (MN)
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Love
Lowenthal
Lowey
Lucas
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marino
Matsui
McCarthy
McCaul
McCollum
McEachin
McGovern
McKinley
McMorris Rodgers
McNerney
Meehan
Meeks
Meng
Mitchell
Moolenaar
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Newhouse
Nolan
Norcross
Nunes
O'Halleran
O'Rourke
Palazzo
Pallone
Panetta
Pascrell
Paulsen
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Poliquin
Polis
Price (NC)
Quigley
Raskin
Reed
Reichert
Renacci
Rice (NY)
Richmond
Rogers (KY)
Rooney, Thomas J.
Rosen
Roskam
Rothfus
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stivers
Suozzi
Swalwell (CA)
Takano
Tenney
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Walberg
Walden
Walker
Walters, Mimi
Walz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Womack
Yarmuth
Young (AK)
Zeldin
NOT VOTING--12
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Garrett
Huffman
Lieu, Ted
Ros-Lehtinen
Ross
Scalise
Wasserman Schultz
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2257
Mr. GROTHMAN changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 38 Offered by Ms. Rosen
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Nevada
(Ms. Rosen) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 200,
noes 220, not voting 13, as follows:
[Roll No. 450]
AYES--200
Adams
Aguilar
Amash
Barragan
Bass
Beatty
Bera
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Correa
Costello (PA)
Courtney
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
DeFazio
[[Page H7068]]
Delaney
DeLauro
DelBene
Demings
Dent
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Eshoo
Espaillat
Esty (CT)
Fortenberry
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Jackson Lee
Jayapal
Jeffries
Jenkins (WV)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Marshall
Matsui
McCollum
McEachin
McGovern
McKinley
McNerney
Meehan
Meeks
Meng
Mooney (WV)
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Reed
Rice (NY)
Richmond
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Waters, Maxine
Watson Coleman
Welch
Williams
Wilson (FL)
Yarmuth
Zeldin
NOES--220
Abraham
Aderholt
Allen
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Beyer
Biggs
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Brat
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Connolly
Cook
Cramer
Crawford
Culberson
Davidson
Davis, Rodney
Denham
DeSantis
DesJarlais
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Engel
Estes (KS)
Evans
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Foxx
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Gianforte
Gibbs
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Handel
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jenkins (KS)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce (OH)
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Lewis (MN)
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McMorris Rodgers
McSally
Meadows
Messer
Mitchell
Moolenaar
Mullin
Newhouse
Noem
Norman
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reichert
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Roskam
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (TX)
Smucker
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
NOT VOTING--13
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Garrett
Gohmert
Huffman
Lieu, Ted
Ros-Lehtinen
Ross
Scalise
Wasserman Schultz
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2300
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. FITZPATRICK. Mr. Chair, on rollcall No. 450, I mistakenly voted
``nay,'' where I meant to vote ``yea.''
Amendment No. 39 Offered by Mr. Grothman
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Wisconsin
(Mr. Grothman) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 124,
noes 295, not voting 14, as follows:
[Roll No. 451]
AYES--124
Abraham
Allen
Amash
Arrington
Babin
Banks (IN)
Barr
Biggs
Bilirakis
Bishop (MI)
Blackburn
Blum
Brady (TX)
Brat
Brooks (AL)
Buck
Budd
Burgess
Byrne
Chabot
Cheney
Coffman
Comer
Conaway
Crawford
Culberson
Davidson
DeSantis
DesJarlais
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Estes (KS)
Farenthold
Ferguson
Flores
Foxx
Franks (AZ)
Gaetz
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Harper
Harris
Hartzler
Hensarling
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Johnson (LA)
Johnson, Sam
Jordan
King (IA)
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Latta
Lewis (MN)
Loudermilk
Love
Luetkemeyer
Marchant
Marshall
Massie
McClintock
McHenry
McMorris Rodgers
Meadows
Meehan
Messer
Mooney (WV)
Norman
Olson
Palmer
Perry
Pittenger
Posey
Ratcliffe
Renacci
Rice (SC)
Rohrabacher
Rokita
Rooney, Francis
Rouzer
Royce (CA)
Russell
Sanford
Scott, Austin
Sensenbrenner
Smith (MO)
Smith (NE)
Smith (TX)
Wagner
Walker
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (IA)
Zeldin
NOES--295
Adams
Aderholt
Aguilar
Amodei
Bacon
Barletta
Barragan
Barton
Bass
Beatty
Bera
Bergman
Beyer
Bishop (GA)
Bishop (UT)
Black
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Calvert
Capuano
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Connolly
Conyers
Cook
Cooper
Correa
Costello (PA)
Courtney
Cramer
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Demings
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Duffy
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Faso
Fitzpatrick
Fleischmann
Fortenberry
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallagher
Gallego
Garamendi
Gianforte
Gomez
Gonzalez (TX)
Gottheimer
Granger
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Handel
Hastings
Heck
Herrera Beutler
Higgins (NY)
Himes
Hoyer
Hultgren
Hurd
Issa
Jackson Lee
Jayapal
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Jones
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lucas
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marino
Mast
Matsui
McCarthy
McCaul
McCollum
McEachin
McGovern
McKinley
McNerney
McSally
Meeks
Meng
Mitchell
Moolenaar
Moore
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Newhouse
Noem
Nolan
Norcross
Nunes
O'Halleran
O'Rourke
Palazzo
Pallone
Panetta
Pascrell
Paulsen
Payne
Pearce
Pelosi
[[Page H7069]]
Perlmutter
Peters
Peterson
Pingree
Pocan
Poe (TX)
Poliquin
Polis
Price (NC)
Quigley
Raskin
Reed
Reichert
Rice (NY)
Richmond
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rooney, Thomas J.
Rosen
Roskam
Rothfus
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schweikert
Scott (VA)
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Simpson
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stewart
Stivers
Suozzi
Swalwell (CA)
Takano
Taylor
Tenney
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Walberg
Walden
Walorski
Walz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
Young (AK)
NOT VOTING--14
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Garrett
Huffman
Lieu, Ted
Ros-Lehtinen
Ross
Scalise
Scott, David
Shuster
Wasserman Schultz
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2303
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 46 Offered by Mr. Grothman
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Wisconsin
(Mr. Grothman) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 139,
noes 282, not voting 12, as follows:
[Roll No. 452]
AYES--139
Abraham
Allen
Amash
Arrington
Babin
Banks (IN)
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Brady (TX)
Brat
Brooks (AL)
Buck
Budd
Burgess
Byrne
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Comer
Conaway
Crawford
Culberson
Davidson
DeSantis
DesJarlais
Duncan (SC)
Duncan (TN)
Dunn
Estes (KS)
Farenthold
Ferguson
Flores
Foxx
Franks (AZ)
Gaetz
Gallagher
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Harris
Hartzler
Hensarling
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Jenkins (KS)
Johnson (LA)
Johnson, Sam
Jones
Jordan
Kelly (MS)
King (IA)
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Latta
Lewis (MN)
Loudermilk
Marchant
Marshall
Massie
McCarthy
McClintock
McHenry
Meadows
Messer
Mooney (WV)
Mullin
Norman
Olson
Palmer
Perry
Pittenger
Posey
Ratcliffe
Renacci
Rice (SC)
Roe (TN)
Rohrabacher
Rokita
Rooney, Francis
Rouzer
Royce (CA)
Russell
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Smith (MO)
Smith (NE)
Smith (TX)
Stewart
Taylor
Tipton
Wagner
Walberg
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Zeldin
NOES--282
Adams
Aderholt
Aguilar
Amodei
Bacon
Barletta
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Calvert
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Connolly
Conyers
Cook
Cooper
Correa
Costello (PA)
Courtney
Cramer
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Demings
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Duffy
Ellison
Emmer
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Faso
Fitzpatrick
Fleischmann
Fortenberry
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Gianforte
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Handel
Harper
Hastings
Heck
Herrera Beutler
Higgins (NY)
Himes
Hoyer
Hurd
Issa
Jackson Lee
Jayapal
Jeffries
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marino
Mast
Matsui
McCaul
McCollum
McEachin
McGovern
McKinley
McMorris Rodgers
McNerney
McSally
Meehan
Meeks
Meng
Mitchell
Moolenaar
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Newhouse
Noem
Nolan
Norcross
Nunes
O'Halleran
O'Rourke
Palazzo
Pallone
Panetta
Pascrell
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Poe (TX)
Poliquin
Polis
Price (NC)
Quigley
Raskin
Reed
Reichert
Rice (NY)
Richmond
Roby
Rogers (AL)
Rogers (KY)
Rooney, Thomas J.
Rosen
Roskam
Rothfus
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stivers
Suozzi
Swalwell (CA)
Takano
Tenney
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
Young (AK)
Young (IA)
NOT VOTING--12
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Garrett
Huffman
Lieu, Ted
Ros-Lehtinen
Ross
Scalise
Wasserman Schultz
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2306
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 51 Offered by Mr. King of Iowa
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Iowa (Mr.
King) on which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 180,
noes 241, not voting 12, as follows
[Roll No. 453]
AYES--180
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cramer
Crawford
Culberson
Davidson
Dent
DeSantis
DesJarlais
Duncan (SC)
Duncan (TN)
Dunn
Estes (KS)
Farenthold
Ferguson
Fleischmann
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Griffith
Grothman
Guthrie
[[Page H7070]]
Handel
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hurd
Issa
Jenkins (KS)
Johnson (LA)
Johnson, Sam
Jones
Jordan
Kelly (MS)
King (IA)
Knight
Kustoff (TN)
Labrador
LaMalfa
Lamborn
Latta
Long
Loudermilk
Love
Lucas
Luetkemeyer
Marchant
Marino
Marshall
Massie
McCarthy
McCaul
McClintock
McHenry
McMorris Rodgers
McSally
Meadows
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Noem
Norman
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Sanford
Schweikert
Sensenbrenner
Sessions
Smith (MO)
Smith (NE)
Smith (TX)
Smucker
Stewart
Taylor
Thompson (PA)
Thornberry
Tipton
Trott
Wagner
Walberg
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (IA)
NOES--241
Adams
Aguilar
Barletta
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bucshon
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cook
Cooper
Correa
Costello (PA)
Courtney
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Demings
Denham
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Duffy
Ellison
Emmer
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Faso
Fitzpatrick
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gianforte
Gomez
Gonzalez (TX)
Gottheimer
Graves (MO)
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Hultgren
Hunter
Jackson Lee
Jayapal
Jeffries
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (NY)
Kinzinger
Krishnamoorthi
Kuster (NH)
LaHood
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lewis (MN)
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Mast
Matsui
McCollum
McEachin
McGovern
McKinley
McNerney
Meehan
Meeks
Meng
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Newhouse
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Reed
Reichert
Renacci
Rice (NY)
Richmond
Rosen
Roskam
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Soto
Speier
Stefanik
Stivers
Suozzi
Swalwell (CA)
Takano
Tenney
Thompson (CA)
Thompson (MS)
Tiberi
Titus
Tonko
Torres
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
Young (AK)
Zeldin
NOT VOTING--12
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Garrett
Huffman
Lieu, Ted
Ros-Lehtinen
Ross
Scalise
Wasserman Schultz
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2309
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 54 Offered by Mr. Grothman
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Wisconsin
(Mr. Grothman) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 140,
noes 280, not voting 13, as follows:
[Roll No. 454]
AYES--140
Abraham
Allen
Amash
Arrington
Babin
Bacon
Banks (IN)
Barr
Barton
Bergman
Biggs
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Brady (TX)
Brat
Brooks (AL)
Buck
Budd
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Collins (GA)
Comer
Conaway
Crawford
Culberson
Davidson
DeSantis
DesJarlais
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Estes (KS)
Farenthold
Flores
Foxx
Franks (AZ)
Gaetz
Gallagher
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Handel
Harper
Harris
Hensarling
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hudson
Huizenga
Hultgren
Hunter
Jenkins (KS)
Johnson (LA)
Johnson, Sam
Jones
Jordan
Kelly (MS)
King (IA)
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Latta
Lewis (MN)
Long
Loudermilk
Love
Marchant
Marshall
Massie
Mast
McCarthy
McClintock
McHenry
Meadows
Messer
Mooney (WV)
Mullin
Norman
Olson
Palmer
Paulsen
Perry
Pittenger
Poe (TX)
Posey
Ratcliffe
Rice (SC)
Rohrabacher
Rokita
Rooney, Francis
Rouzer
Royce (CA)
Russell
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Smith (MO)
Smith (NE)
Smith (TX)
Stewart
Taylor
Upton
Wagner
Walberg
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Westerman
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (IA)
Zeldin
NOES--280
Adams
Aderholt
Aguilar
Amodei
Barletta
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (NY)
Comstock
Connolly
Conyers
Cook
Cooper
Correa
Costello (PA)
Courtney
Cramer
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Demings
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Duffy
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Faso
Ferguson
Fitzpatrick
Fleischmann
Fortenberry
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Gianforte
Gibbs
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hartzler
Hastings
Heck
Herrera Beutler
Higgins (NY)
Himes
Hollingsworth
Hoyer
Hurd
Issa
Jackson Lee
Jayapal
Jeffries
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marino
Matsui
McCaul
McCollum
McEachin
McGovern
McKinley
McMorris Rodgers
McNerney
McSally
Meehan
Meeks
Meng
Mitchell
Moolenaar
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Newhouse
Noem
Nolan
Norcross
Nunes
O'Halleran
O'Rourke
Palazzo
Pallone
Panetta
Pascrell
Payne
Pearce
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Poliquin
Polis
Price (NC)
Quigley
Raskin
Reed
Reichert
Renacci
Rice (NY)
Richmond
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rooney, Thomas J.
Rosen
Roskam
Rothfus
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
[[Page H7071]]
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stivers
Suozzi
Swalwell (CA)
Takano
Tenney
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walz
Waters, Maxine
Watson Coleman
Welch
Wenstrup
Williams
Wilson (FL)
Yarmuth
Young (AK)
NOT VOTING--13
Bilirakis
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Garrett
Huffman
Lieu, Ted
Ros-Lehtinen
Ross
Scalise
Wasserman Schultz
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2312
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 56 Offered by Mr. Smith of Missouri
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Missouri
(Mr. Smith) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 225,
noes 195, not voting 13, as follows:
[Roll No. 455]
AYES--225
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Cuellar
Culberson
Davidson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Estes (KS)
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Handel
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce (OH)
Katko
Kelly (MS)
Kelly (PA)
King (IA)
Kinzinger
Knight
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Lewis (MN)
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Newhouse
Noem
Norman
Nunes
Olson
Palmer
Paulsen
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Roskam
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smucker
Stefanik
Stewart
Stivers
Tenney
Thompson (PA)
Thornberry
Tipton
Trott
Turner
Upton
Wagner
Walberg
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
NOES--195
Adams
Aguilar
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Correa
Courtney
Crist
Crowley
Davis (CA)
Davis, Danny
DeFazio
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Donovan
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (NY)
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Reichert
Rice (NY)
Richmond
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Taylor
Thompson (CA)
Thompson (MS)
Tiberi
Titus
Tonko
Torres
Tsongas
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--13
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Garrett
Huffman
Lieu, Ted
Palazzo
Ros-Lehtinen
Ross
Scalise
Wasserman
Schultz
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2315
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 58 Offered by Mr. Babin
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Texas (Mr.
Babin) on which further proceedings were postponed and on which the
noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 173,
noes 246, not voting 14, as follows:
[Roll No. 456]
AYES--173
Abraham
Allen
Amash
Arrington
Babin
Bacon
Banks (IN)
Barr
Barton
Bergman
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blum
Bost
Brady (TX)
Brat
Brooks (AL)
Buck
Budd
Burgess
Byrne
Calvert
Carter (TX)
Chabot
Cheney
Coffman
Collins (GA)
Comer
Comstock
Conaway
Cook
Costello (PA)
Cramer
Culberson
Davidson
Dent
DeSantis
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Estes (KS)
Farenthold
Faso
Ferguson
Flores
Foxx
Franks (AZ)
Gaetz
Garamendi
Gianforte
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green, Gene
Griffith
Grothman
Guthrie
Handel
Harris
Hartzler
Hensarling
Herrera Beutler
Higgins (LA)
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Jones
Kelly (MS)
Kelly (PA)
Kind
King (IA)
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Lewis (MN)
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
McCaul
McClintock
McKinley
McMorris Rodgers
Meehan
[[Page H7072]]
Moolenaar
Mooney (WV)
Murphy (PA)
Newhouse
Noem
Nolan
Norman
Nunes
Olson
Palmer
Pearce
Perry
Peterson
Pittenger
Poliquin
Polis
Posey
Ratcliffe
Reed
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Rothfus
Royce (CA)
Russell
Sanford
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Smith (MO)
Smith (NE)
Smith (TX)
Smucker
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Thornberry
Tiberi
Tipton
Valadao
Vela
Walden
Walker
Walorski
Walters, Mimi
Walz
Weber (TX)
Webster (FL)
Wenstrup
Williams
Wilson (SC)
Wittman
Yoder
Yoho
Young (IA)
Zeldin
NOES--246
Adams
Aderholt
Aguilar
Amodei
Barletta
Barragan
Bass
Beatty
Bera
Beyer
Biggs
Bishop (GA)
Blackburn
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (NY)
Connolly
Conyers
Cooper
Correa
Courtney
Crawford
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Denham
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Ellison
Emmer
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Fitzpatrick
Fleischmann
Fortenberry
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallagher
Gallego
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Grijalva
Gutierrez
Hanabusa
Harper
Hastings
Heck
Hice, Jody B.
Higgins (NY)
Hill
Himes
Hoyer
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Mast
Matsui
McCarthy
McCollum
McEachin
McGovern
McHenry
McNerney
McSally
Meadows
Meeks
Meng
Messer
Mitchell
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Norcross
O'Halleran
O'Rourke
Palazzo
Pallone
Panetta
Pascrell
Paulsen
Payne
Pelosi
Perlmutter
Peters
Pingree
Pocan
Poe (TX)
Price (NC)
Quigley
Raskin
Reichert
Renacci
Rice (NY)
Rice (SC)
Richmond
Roby
Rosen
Roskam
Rouzer
Roybal-Allard
Ruiz
Ruppersberger
Rush
Rutherford
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Soto
Speier
Stefanik
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Vargas
Veasey
Velazquez
Visclosky
Wagner
Walberg
Waters, Maxine
Watson Coleman
Welch
Westerman
Wilson (FL)
Womack
Woodall
Yarmuth
Young (AK)
NOT VOTING--14
Bridenstine
Costa
Cummings
Curbelo (FL)
DeGette
Demings
Garrett
Huffman
Lieu, Ted
Mullin
Ros-Lehtinen
Ross
Scalise
Wasserman
Schultz
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2320
So the amendment was rejected.
The result of the vote was announced as above recorded.
Mr. CARTER of Texas. Mr. Chairman, I move that the Committee do now
rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Collins of Georgia) having assumed the chair, Mr. Marshall, Acting
Chair of the Committee of the Whole House on the state of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 3354) making appropriations for the Department of the Interior,
environment, and related agencies for the fiscal year ending September
30, 2018, and for other purposes, had come to no resolution thereon.
____________________