[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1771 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 215
115th CONGRESS
  1st Session
                                S. 1771

                          [Report No. 115-150]

 Making appropriations 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 7, 2017

Mr. Blunt, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 Making appropriations 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That 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, and the National Apprenticeship Act, $3,335,199,000, plus 
reimbursements, shall be available. Of the amounts provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,709,832,000 as follows:
                    (A) $815,556,000 for adult employment and training 
                activities, of which $103,556,000 shall be available 
                for the period July 1, 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) $873,416,000 for youth activities, which shall 
                be available for the period April 1, 2018 through June 
                30, 2019; and
                    (C) $1,020,860,000 for dislocated worker employment 
                and training activities, of which $160,860,000 shall be 
                available for the period July 1, 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, $625,367,000 as follows:
                    (A) $220,859,000 for the dislocated workers 
                assistance national reserve, of which $20,859,000 shall 
                be available for the period July 1, 2018 through 
                September 30, 2019, and of which $200,000,000 shall be 
                available for the period October 1, 2018 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 sections 
                168(b) and 169(c) of the WIOA may be used for technical 
                assistance and demonstration projects, respectively, 
                that provide assistance to new entrants in the 
                workforce and incumbent workers:  Provided further, 
                That notwithstanding section 168(b) of the WIOA, of the 
                funds provided under this subparagraph, the Secretary 
                of Labor (referred to in this title as ``Secretary'') 
                may reserve not more than 10 percent of such funds to 
                provide technical assistance and carry out additional 
                activities related to the transition to the WIOA;
                    (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) $81,896,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIOA, including 
                $75,885,000 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $5,517,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $494,000 for other 
                discretionary purposes, which shall be available for 
                the period July 1, 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;
                    (E) $88,078,000 for ex-offender activities, under 
                the authority of section 169 of the WIOA and section 
                212 of the Second Chance Act of 2007, which shall be 
                available for the period April 1, 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 projects serving high-crime, high-poverty 
                areas;
                    (F) $5,000,000 for the Workforce Data Quality 
                Initiative, under the authority of section 169 of the 
                WIOA, which shall be available for the period July 1, 
                2018 through June 30, 2019; and
                    (G) $95,000,000 to expand opportunities relating to 
                apprenticeship programs registered under the National 
                Apprenticeship Act, to be available to the Secretary to 
                carry out activities through grants, cooperative 
                agreements, contracts and other arrangements, with 
                States and other appropriate entities, which shall be 
                available for the period April 1, 2018 through June 30, 
                2019.

                                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, $1,699,155,000, plus reimbursements, 
as follows:
            (1) $1,587,325,000 for Job Corps Operations, which shall be 
        available for the period July 1, 2018 through June 30, 2019;
            (2) $79,500,000 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 
        provision 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) $32,330,000 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.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965 (referred 
to in this Act as ``OAA''), $400,000,000, which shall be available for 
the period April 1, 2018 through June 30, 2019, and may be recaptured 
and reobligated in accordance with section 517(c) of the OAA.

              federal unemployment benefits and allowances

    For payments during fiscal year 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, $84,066,000, together with 
not to exceed $3,378,625,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $2,637,600,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including not less than $130,000,000 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, 2021, and funds 
        used for unemployment insurance workloads experienced through 
        September 30, 2018 shall be available for Federal obligation 
        through December 31, 2018;
            (2) $13,897,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $645,000,000 from the Trust Fund, together with 
        $21,413,000 from the General Fund of the Treasury, is for 
        grants to States in accordance with section 6 of the Wagner-
        Peyser Act, and shall be available for Federal obligation for 
        the period July 1, 2018 through June 30, 2019;
            (4) $19,818,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act;
            (5) $62,310,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and 
        related laws, of which $48,028,000 shall be available for the 
        Federal administration of such activities, and $14,282,000 
        shall be available for grants to States for the administration 
        of such activities; and
            (6) $62,653,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and shall be 
        available for Federal obligation for the period July 1, 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 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 necessary, which shall be available for obligation 
through September 30, 2019.

                         program administration

    For expenses of administering employment and training programs, 
$108,674,000, together with not to exceed $49,982,000 which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $181,000,000, of which not less than $3,000,000 shall 
be made available through September 30, 2019, for the procurement of 
expert witnesses for enforcement litigation.

                  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, $227,500,000.

                  Office of Labor-Management Standards

                         salaries and expenses

    For necessary expenses for the Office of Labor-Management 
Standards, $40,187,000.

             Office of Federal Contract Compliance Programs

                         salaries and expenses

    For necessary expenses for the Office of Federal Contract 
Compliance Programs, $103,476,000.

                Office of Workers' Compensation Programs

                         salaries and expenses

    For necessary expenses for the Office of Workers' Compensation 
Programs, $115,424,000, together with $2,177,000 which may be expended 
from the Special Fund in accordance with sections 39(c), 44(d), and 
44(j) of the Longshore and Harbor Workers' Compensation Act.

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as 
provided for under the heading ``Civilian War Benefits'' in the Federal 
Security Agency Appropriation Act, 1947; the Employees' Compensation 
Commission Appropriation Act, 1944; section 5(f) of the War Claims Act 
(50 U.S.C. App. 2012); 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, $552,787,000, including not to exceed $100,850,000 
which shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (the ``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $499,000 per fiscal year of 
training institute course tuition and fees, otherwise authorized by law 
to be collected, and may utilize such sums for occupational safety and 
health training and education:  Provided, That notwithstanding 31 
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending 
September 30, 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--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by the Act with respect 
        to imminent dangers;
            (4) to take any action authorized by the Act with respect 
        to health hazards;
            (5) to take any action authorized by the Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by the Act; and
            (6) to take any action authorized by the Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under the Act:
  Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees:  Provided 
further, That $10,537,000 shall be available for Susan Harwood training 
grants, of which the Secretary shall reserve not less than $4,500,000 
for Susan Harwood Training Capacity Building Developmental grants, as 
described in Funding Opportunity Number SHTG-GY-16-02 (referenced in 
the notice of availability of funds published in the Federal Register 
on May 3, 2016 (81 Fed. Reg. 30568)) for program activities starting 
not later than September 30, 2018 and lasting for a period of 12 
months:  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, $373,816,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities and not less than 
$10,537,000 for State assistance grants:  Provided, That amounts 
available for State assistance grants may be used for the purchase and 
maintenance of new equipment required by the final rule entitled 
``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including 
Continuous Personal Dust Monitors'' published by the Department of 
Labor in the Federal Register on May 1, 2014 (79 Fed. Reg. 24813 et 
seq.), for operators that demonstrate financial need as determined by 
the Secretary:  Provided further, That notwithstanding 31 U.S.C. 3302, 
not to exceed $750,000 may be collected by the National Mine Health and 
Safety Academy for room, board, tuition, and the sale of training 
materials, otherwise authorized by law to be collected, to be available 
for mine safety and health education and training activities:  Provided 
further, That notwithstanding 31 U.S.C. 3302, the Mine Safety and 
Health Administration is authorized to collect and retain up to 
$2,499,000 from fees collected for the approval and certification of 
equipment, materials, and explosives for use in mines, and may utilize 
such sums for such activities:  Provided further, That the Secretary is 
authorized to accept lands, buildings, equipment, and other 
contributions from public and private sources and to prosecute projects 
in cooperation with other agencies, Federal, State, or private:  
Provided further, That the Mine Safety and Health Administration is 
authorized to promote health and safety education and training in the 
mining community through cooperative programs with States, industry, 
and safety associations:  Provided further, That the Secretary is 
authorized to recognize the Joseph A. Holmes Safety Association as a 
principal safety association and, notwithstanding any other provision 
of law, may provide funds and, with or without reimbursement, 
personnel, including service of Mine Safety and Health Administration 
officials as officers in local chapters or in the national 
organization:  Provided further, That any funds available to the 
Department of Labor may be used, with the approval of the Secretary, to 
provide for the costs of mine rescue and survival operations in the 
event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $544,000,000, 
together with not to exceed $65,000,000 which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $38,203,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three passenger motor vehicles, $336,536,000, together with not 
to exceed $308,000, which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund:  Provided, That 
$59,825,000 for the Bureau of International Labor Affairs shall be 
available for obligation through December 31, 2018:  Provided further, 
That funds available to the Bureau of International Labor Affairs may 
be used to administer or operate international labor activities, 
bilateral and multilateral technical assistance, and microfinance 
programs, by or through contracts, grants, subgrants and other 
arrangements:  Provided further, That not more than $53,825,000 shall 
be for programs to combat exploitative child labor internationally and 
not less than $6,000,000 shall be used to implement model programs that 
address worker rights issues through technical assistance in countries 
with which the United States has free trade agreements or trade 
preference programs:  Provided further, That $8,040,000 shall be used 
for program evaluation and shall be available for obligation through 
September 30, 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 $239,041,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund to carry 
out the provisions of chapters 41, 42, and 43 of title 38, United 
States Code, of which:
            (1) $175,000,000 is for Jobs for Veterans State grants 
        under 38 U.S.C. 4102A(b)(5) to support disabled veterans' 
        outreach program specialists under section 4103A of such title 
        and local veterans' employment representatives under section 
        4104(b) of such title, and for the expenses described in 
        section 4102A(b)(5)(C), which shall be available for obligation 
        by the States through December 31, 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) $18,500,000 is for carrying out the Transition 
        Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
            (3) $42,127,000 is for Federal administration of chapters 
        41, 42, and 43 of title 38, United States Code:  Provided, That 
        such funds shall be available in addition to amounts in the 
        HIRE Vets Medallion Award Fund established by division O of the 
        Consolidated Appropriations Act, 2017 (Public Law 115-31; 38 
        U.S.C. 4100 note), for necessary expenses of the HIRE Vets 
        Medallion Award program authorized by 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.
     The HIRE Vets Medallion Award Fund, for this fiscal year and 
thereafter, shall be available to the Secretary without fiscal year 
limitation for necessary expenses of the HIRE Vets Medallion Award 
program authorized by division O of the Consolidated Appropriations 
Act, 2017:  Provided, That such sums shall be in addition to any other 
funds available for such purposes, including funds available under 
paragraph (3) of this heading:  Provided further, That sections 6 and 
2(d) of division O of the Consolidated Appropriations Act, 2017 (Public 
Law 115-31; 38 U.S.C. 4100 note) shall not apply.
     In addition, from the General Fund of the Treasury, $45,000,000 is 
for carrying out programs to assist homeless veterans and veterans at 
risk of homelessness who are transitioning from certain institutions 
under sections 2021, 2021A, and 2023 of title 38, United States Code:  
Provided, That notwithstanding subsections (c)(3) and (d) of section 
2023, the Secretary may award grants through September 30, 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, $18,778,000, 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, 
$82,061,000, together with not to exceed $5,660,000 which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           General Provisions

    Sec. 101.  None of the funds appropriated by this Act for the Job 
Corps shall be used to pay the salary and bonuses of an individual, 
either as direct costs or any proration as an indirect cost, at a rate 
in excess of Executive Level II.

                          (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall 
be increased by more than 3 percent by any such transfer:  Provided, 
That the transfer authority granted by this section shall not be used 
to create any new program or to fund any project or activity for which 
no funds are provided in this Act:  Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer.
    Sec. 103.  In accordance with Executive Order 13126, none of the 
funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, in whole or 
in part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    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 
notwithstanding section 102 and the preceding proviso, the Secretary 
may transfer not more than 0.5 percent of funds made available in 
paragraphs (1) and (2) of the ``Office of Job Corps'' account to 
paragraph (3) of such account to carry out program integrity activities 
related to the Job Corps program:  Provided further, That funds 
transferred under the authority provided by 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. (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. 109.  Of the funds made available under the heading 
``Employment and Training Administration-Training and Employment 
Services'' in division H of Public Law 115-31, $34,000,000 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. 110. (a) Flexibility With Respect to the Crossing of H-2B 
Nonimmigrants Working in the Seafood Industry.--
            (1) In general.--Subject to paragraph (2), if a petition 
        for H-2B nonimmigrants filed by an employer in the seafood 
        industry is granted, the employer may bring the nonimmigrants 
        described in the petition into the United States at any time 
        during the 120-day period beginning on the start date for which 
        the employer is seeking the services of the nonimmigrants 
        without filing another petition.
            (2) Requirements for crossings after 90th day.--An employer 
        in the seafood industry may not bring H-2B nonimmigrants into 
        the United States after the date that is 90 days after the 
        start date for which the employer is seeking the services of 
        the nonimmigrants unless the employer--
                    (A) completes a new assessment of the local labor 
                market by--
                            (i) listing job orders in local newspapers 
                        on 2 separate Sundays; and
                            (ii) posting the job opportunity on the 
                        appropriate Department of Labor Electronic Job 
                        Registry and at the employer's place of 
                        employment; and
                    (B) offers the job to an equally or better 
                qualified United States worker who--
                            (i) applies for the job; and
                            (ii) will be available at the time and 
                        place of need.
            (3) Exemption from rules with respect to staggering.--The 
        Secretary of Labor shall not consider an employer in the 
        seafood industry who brings H-2B nonimmigrants into the United 
        States during the 120-day period specified in paragraph (1) to 
        be staggering the date of need in violation of section 
        655.20(d) of title 20, Code of Federal Regulations, or any 
        other applicable provision of law.
    (b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B 
nonimmigrants'' means aliens admitted to the United States pursuant to 
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)(ii)(B)).
    Sec. 111.  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. 112.  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. 113.  Notwithstanding any other provision of law, the 
Secretary may furnish through grants, cooperative agreements, 
contracts, and other arrangements, excess personal property to programs 
registered under the National Apprenticeship Act (50 Stat. 664; 29 
U.S.C. 50 et seq.) for the purpose of training apprentices in those 
programs.

                              (rescission)

    Sec. 114. (a) Of the funds made available in paragraph (2)(A) under 
the heading ``Employment and Training Administration--Training and 
Employment Services'' in division H of Public Law 115-31 for the period 
October 1, 2017, through September 30, 2018, $30,000,000 are hereby 
rescinded.
    (b) For an additional amount for ``Employment and Training 
Administration--Training and Employment Services'', $30,000,000, to 
remain available until September 30, 2019, for training and employment 
assistance under sections 168(b), 169(c) (notwithstanding the 10 
percent limitation in such section) and 170 of the WIOA for workers in 
the Appalachian region, as defined by 40 U.S.C. 14102(a)(1) and workers 
in the Lower Mississippi, as defined in section 4(2) of the Delta 
Development Act (Public Law 100-460, 102 Stat. 2246; 7 U.S.C. 
2009aa(2)).
    Sec. 115.  The proviso at the end of paragraph (1) under the 
heading ``Department of Labor--Employment and Training Administration--
State Unemployment Insurance and Employment Service Operations'' in 
title I of division G of Public Law 113-235 shall be applied in fiscal 
year 2018 by substituting ``seven'' for ``six''.
    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 $1,000,000 shall be 
available until expended for carrying out the provisions of section 
224(o) of the PHS Act:  Provided further, That no more than $99,893,000 
shall be available until expended for carrying out the provisions of 
sections 224(g)-(n) and (q) of the PHS Act, and for expenses incurred 
by the Department of Health and Human Services (referred to in this Act 
as ``HHS'') pertaining to administrative claims made under such law.

                            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, 
$856,195,000:  Provided, That sections 747(c)(2), 751(j)(2), 762(k), 
and the proportional funding amounts in paragraphs (1) through (4) of 
section 756(f) of the PHS Act shall not apply to funds made available 
under this heading:  Provided further, That for any program operating 
under section 751 of the PHS Act on or before January 1, 2009, the 
Secretary of Health and Human Services (referred to in this title as 
the ``Secretary'') may hereafter waive any of the requirements 
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the 
full project period of a grant under such section:  Provided further, 
That no funds shall be available for section 340G-1 of the PHS Act:  
Provided further, That fees collected for the disclosure of information 
under section 427(b) of the Health Care Quality Improvement Act of 1986 
and sections 1128E(d)(2) and 1921 of the Social Security Act shall be 
sufficient to recover the full costs of operating the programs 
authorized by such sections and shall remain available until expended 
for the National Practitioner Data Bank:  Provided further, That funds 
transferred to this account to carry out section 846 and subpart 3 of 
part D of title III of the PHS Act may be used to make prior year 
adjustments to awards made under such sections.

                       maternal and child health

    For carrying out titles III, XI, XII, and XIX of the PHS Act with 
respect to maternal and child health, title V of the Social Security 
Act, and section 712 of the American Jobs Creation Act of 2004, 
$848,617,000:  Provided, That notwithstanding sections 502(a)(1) and 
502(b)(1) of the Social Security Act, not more than $80,593,000 shall 
be available for carrying out special projects of regional and national 
significance pursuant to section 501(a)(2) of such Act and $10,276,000 
shall be available for projects described in subparagraphs (A) through 
(F) of section 501(a)(3) of such Act.

                      ryan white hiv/aids program

    For carrying out title XXVI of the PHS Act with respect to the Ryan 
White HIV/AIDS program, $2,318,781,000, of which $1,970,881,000 shall 
remain available to the Secretary through September 30, 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, $101,640,000, of which $122,000 shall be available until expended 
for facilities renovations at the Gillis W. Long Hansen's Disease 
Center.

                              rural health

    For carrying out titles III and IV of the PHS Act with respect to 
rural health, section 427(a) of the Federal Coal Mine Health and Safety 
Act of 1969, and sections 711 and 1820 of the Social Security Act, 
$160,560,000, of which $43,609,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program:  Provided, That of the funds made available under this 
heading for Medicare rural hospital flexibility grants, $14,942,000 
shall be available for the Small Rural Hospital Improvement Grant 
Program for quality improvement and adoption of health information 
technology and up to $1,000,000 shall be to carry out section 
1820(g)(6) of the Social Security Act, with funds provided for grants 
under section 1820(g)(6) available for the purchase and implementation 
of telehealth services, including pilots and demonstrations on the use 
of electronic health records to coordinate rural veterans care between 
rural providers and the Department of Veterans Affairs electronic 
health record system:  Provided further, That notwithstanding section 
338J(k) of the PHS Act, $10,000,000 shall be available for State 
Offices of Rural Health.

                            family planning

    For carrying out the program under title X of the PHS Act to 
provide for voluntary family planning projects, $286,479,000:  
Provided, That amounts provided to said projects under such title shall 
not be expended for abortions, that all pregnancy counseling shall be 
nondirective, and that such amounts shall not be expended for any 
activity (including the publication or distribution of literature) that 
in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office:  Provided further, 
That not less than 90 percent shall be used only for, and in support 
of, clinical services under section 1001 of the PHS Act:  Provided 
further, That none of the funds made available in this Act, or any 
other appropriations Act in this or a prior fiscal year, shall be used 
to modify part 59 of title 42, Code of Federal Regulations.

                           program management

    For program support in the Health Resources and Services 
Administration, $154,000,000:  Provided, That funds made available 
under this heading may be used to supplement program support funding 
provided under the headings ``Primary Health Care'', ``Health 
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS 
Program'', ``Health Care Systems'', and ``Rural Health''.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund (the ``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to 
vaccines administered after September 30, 1988, pursuant to subtitle 2 
of title XXI of the PHS Act, to remain available until expended:  
Provided, That for necessary administrative expenses, not to exceed 
$7,750,000 shall be available from the Trust Fund to the Secretary.

               Centers for Disease Control and Prevention

                 immunization and respiratory diseases

    For carrying out titles II, III, XVII, and XXI, and section 2821 of 
the PHS Act, titles II and IV of the Immigration and Nationality Act, 
and section 501 of the Refugee Education Assistance Act, with respect 
to immunization and respiratory diseases, $470,000,000.

     hiv/aids, viral hepatitis, sexually transmitted diseases, and 
                        tuberculosis prevention

    For carrying out titles II, III, XVII, and XXIII of the PHS Act 
with respect to HIV/AIDS, viral hepatitis, sexually transmitted 
diseases, and tuberculosis prevention, $1,117,278,000.

               emerging and zoonotic infectious diseases

    For carrying out titles II, III, and XVII, and section 2821 of the 
PHS Act, titles II and IV of the Immigration and Nationality Act, and 
section 501 of the Refugee Education Assistance Act, with respect to 
emerging and zoonotic infectious diseases, $532,922,000.

            chronic disease prevention and health promotion

    For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS 
Act with respect to chronic disease prevention and health promotion, 
$817,596,000:  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, $139,560,000.

                   public health scientific services

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to health statistics, surveillance, health informatics, and 
workforce development, $489,397,000.

                          environmental health

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to environmental health, $163,750,000.

                     injury prevention and control

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to injury prevention and control, $291,059,000:  Provided, That 
of the funds provided under this heading, $112,000,000 shall be 
available for an evidence-based opioid drug overdose prevention 
program.

         national institute for occupational safety and health

    For carrying out titles II, III, and XVII of the PHS Act, sections 
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
and Health Act, section 13 of the Mine Improvement and New Emergency 
Response Act, and sections 20, 21, and 22 of the Occupational Safety 
and Health Act, with respect to occupational safety and health, 
$335,200,000.

       energy employees occupational illness compensation program

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $55,358,000, to remain 
available until expended:  Provided, That this amount shall be 
available consistent with the provision regarding administrative 
expenses in section 151(b) of division B, title I of Public Law 106-
554.

                             global health

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to global health, $433,621,000, 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, $1,405,000,000, of which $575,000,000 shall remain 
available until expended for the Strategic National Stockpile:  
Provided, That in the event the Director of the Centers for Disease 
Control and Prevention (referred to in this title as ``CDC'') activates 
the Emergency Operations Center, the Director of the CDC may detail CDC 
staff without reimbursement for up to 90 days to support the work of 
the CDC Emergency Operations Center, so long as the Director provides a 
notice to the Committees on Appropriations of the House of 
Representatives and the Senate within 15 days of the use of this 
authority and a full report within 30 days after use of this authority 
which includes the number of staff and funding level broken down by the 
originating center and number of days detailed:  Provided further, That 
funds appropriated under this heading may be used to support a contract 
for the operation and maintenance of an aircraft in direct support of 
activities throughout CDC to ensure the agency is prepared to address 
public health preparedness emergencies.

                        buildings and facilities

                     (including transfer of funds)

    For acquisition of real property, equipment, construction, 
demolition, and renovation of facilities, $10,000,000, which shall 
remain available until September 30, 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, $113,570,000:  Provided, 
That paragraphs (1) through (3) of subsection (b) of section 2821 of 
the PHS Act shall not apply to funds appropriated under this heading 
and in all other accounts of the CDC:  Provided further, That employees 
of CDC or the Public Health Service, both civilian and commissioned 
officers, detailed to States, municipalities, or other organizations 
under authority of section 214 of the PHS Act, or in overseas 
assignments, shall be treated as non-Federal employees for reporting 
purposes only and shall not be included within any personnel ceiling 
applicable to the Agency, Service, or HHS during the period of detail 
or assignment:  Provided further, That CDC may use up to $10,000 from 
amounts appropriated to CDC in this Act for official reception and 
representation expenses when specifically approved by the Director of 
CDC:  Provided further, That in addition, such sums as may be derived 
from authorized user fees, which shall be credited to the appropriation 
charged with the cost thereof:  Provided further, That with respect to 
the previous proviso, authorized user fees from the Vessel Sanitation 
Program and the Respirator Certification Program shall be available 
through September 30, 2019.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cancer, $5,558,270,000, of which up to $30,000,000 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, $3,322,774,000.

         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, $439,738,000.

    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, $1,935,597,000.

        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, $1,861,666,000.

         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, $5,127,866,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to general medical sciences, $2,887,194,000, of which 
$1,074,443,000 shall be from funds available under section 241 of the 
PHS Act:  Provided, That not less than $344,313,000 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, $1,426,092,000.

                         national eye institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to eye diseases and visual disorders, $758,552,000.

          national institute of environmental health sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to environmental health sciences, $737,727,000.

                      national institute on aging

    For carrying out section 301 and title IV of the PHS Act with 
respect to aging, $2,535,539,000.

 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, 
$576,178,000.

    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, $451,768,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the PHS Act with 
respect to nursing research, $155,210,000.

           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, $500,491,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the PHS Act with 
respect to drug abuse, $1,113,442,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the PHS Act with 
respect to mental health, $1,681,568,000.

                national human genome research institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to human genome research, $546,934,000.

      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, 
$371,151,000.

        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, $139,654,000.

      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, 
$297,784,000.

                  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), $74,380,000.

                      national library of medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to health information communications, $420,898,000:  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'').

          national center for advancing translational sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to translational sciences, $729,094,000:  Provided, That up to 
$24,496,593 shall be available to implement section 480 of the PHS Act, 
relating to the Cures Acceleration Network:  Provided further, That at 
least $533,076,000 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, $1,796,970,000:  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 
$575,290,000 shall be available for the Common Fund established under 
section 402A(c)(1) of the PHS Act:  Provided further, That of the funds 
provided, $10,000 shall be for official reception and representation 
expenses when specifically approved by the Director of the NIH:  
Provided further, That the Office of AIDS Research within the Office of 
the Director of the NIH may spend up to $8,000,000 to make grants for 
construction or renovation of facilities as provided for in section 
2354(a)(5)(B) of the PHS Act:  Provided further, That $25,000,000 shall 
be used to carry out section 404I of the PHS Act (42 U.S.C. 283k), 
relating to biomedical and behavioral research facilities:  Provided 
further, That the NIH shall open a funding opportunity with the 
objectives, eligibility, study populations, and review criteria of RFA 
HD-92-10 to be awarded strictly according to peer review:  Provided 
further, That the purpose of the funding opportunity in the previous 
proviso shall be to determine the adequacy of such a donor network to 
serve as tissue sources for all related fields of biomedical research 
and shall be limited to donated human fetal tissue from stillbirths and 
spontaneous abortion:  Provided further, That the Director may update 
such announcement to conform with current law, policy, and NIH 
practice.
    In addition to other funds appropriated for the Common Fund 
established under section 402A(c) of the PHS Act, $12,600,000 is 
appropriated to the Common Fund from the 10-year Pediatric Research 
Initiative Fund described in section 9008 of title 26, United States 
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the 
PHS Act (relating to pediatric research), as authorized in the 
Gabriella Miller Kids First Research Act.

                        buildings and facilities

    For the study of, construction of, demolition of, renovation of, 
and acquisition of equipment for, facilities of or used by NIH, 
including the acquisition of real property, $128,863,000, to remain 
available through September 30, 2022.

                   nih innovation account, cures act

    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 National Institutes of Health 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, are to be derived from 
amounts transferred under section 1001(b)(2)(A) of such Act, and may be 
transferred by the Director of the National Institutes of Health to 
other accounts of the National Institutes of Health solely for the 
purposes provided in such Act:  Provided further, That upon a 
determination by the Director that funds transferred pursuant to the 
previous proviso are not necessary for the purposes provided, such 
amounts may be transferred back to the 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, $1,147,998,000:  Provided, That notwithstanding 
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying 
out section 520A shall be available for carrying out section 1971 of 
the PHS Act:  Provided further, That in addition to amounts provided 
herein, $21,039,000 shall be available under section 241 of the PHS Act 
to carry out subpart I of part B of title XIX of the PHS Act to fund 
section 1920(b) technical assistance, national data, data collection 
and evaluation activities, and further that the total available under 
this Act for section 1920(b) activities shall not exceed 5 percent of 
the amounts appropriated for subpart I of part B of title XIX:  
Provided further, That up to 10 percent of the amounts made available 
to carry out the Children's Mental Health Services program may be used 
to carry out demonstration grants or contracts for early interventions 
with persons not more than 25 years of age at clinical high risk of 
developing a first episode of psychosis:  Provided further, That 
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated 
in this Act for fiscal year 2018:  Provided further, That 
notwithstanding section 565(b)(1) of the PHS Act, technical assistance 
may be provided to a public entity to establish or operate a system of 
comprehensive community mental health services to children with a 
serious emotional disturbance, without regard to whether the public 
entity receives a grant under section 561(a) of such Act:  Provided 
further, That States shall expend at least 10 percent of the amount 
each receives for carrying out section 1911 of the PHS Act to support 
evidence-based programs that address the needs of individuals with 
early serious mental illness, including psychotic disorders, regardless 
of the age of the individual at onset:  Provided further, That none of 
the funds provided for section 1911 of the PHS Act shall be subject to 
section 241 of such Act:  Provided further, That of the funds made 
available under this heading, $15,000,000 shall be to carry out section 
224 of the Protecting Access to Medicare Act of 2014 (Public Law 113-
93; 42 U.S.C. 290aa 22 note).

                        substance abuse treatment

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse treatment and title XIX of such Act with respect to 
substance abuse treatment and prevention, $2,131,306,000:  Provided, 
That in addition to amounts provided herein, the following amounts 
shall be available under section 241 of the PHS Act: (1) $79,200,000 to 
carry out subpart II of part B of title XIX of the PHS Act to fund 
section 1935(b) technical assistance, national data, data collection 
and evaluation activities, and further that the total available under 
this Act for section 1935(b) activities shall not exceed 5 percent of 
the amounts appropriated for subpart II of part B of title XIX; and (2) 
$2,000,000 to evaluate substance abuse treatment programs:  Provided 
further, That none of the funds provided for section 1921 of the PHS 
Act shall be subject to section 241 of such Act.

                       substance abuse prevention

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse prevention, $238,219,000.

                health surveillance and program support

    For program support and cross-cutting activities that supplement 
activities funded under the headings ``Mental Health'', ``Substance 
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out 
titles III, V, and XIX of the PHS Act and the Protection and Advocacy 
for Individuals with Mental Illness Act in the Substance Abuse and 
Mental Health Services Administration, $114,402,000:  Provided, That in 
addition to amounts provided herein, $31,428,000 shall be available 
under section 241 of the PHS Act to supplement funds available to carry 
out national surveys on drug abuse and mental health, to collect and 
analyze program data, and to conduct public awareness and technical 
assistance activities:  Provided further, That, in addition, fees may 
be collected for the costs of publications, data, data tabulations, and 
data analysis completed under title V of the PHS Act and provided to a 
public or private entity upon request, which shall be credited to this 
appropriation and shall remain available until expended for such 
purposes:  Provided further, That amounts made available in this Act 
for carrying out section 501(m) of the PHS Act shall remain available 
through September 30, 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, 
$324,000,000:  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, the Clinical Laboratory Improvement Amendments of 1988, and 
other responsibilities of the Centers for Medicare and Medicaid 
Services, not to exceed $3,669,744,000, to be transferred from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund, as authorized by section 201(g) of the 
Social Security Act; together with all funds collected in accordance 
with section 353 of the PHS Act and section 1857(e)(2) of the Social 
Security Act, funds retained by the Secretary pursuant to section 302 
of the Tax Relief and Health Care Act of 2006; and such sums as may be 
collected from authorized user fees and the sale of data, which shall 
be credited to this account and remain available until September 30, 
2023:  Provided, That all funds derived in accordance with 31 U.S.C. 
9701 from organizations established under title XIII of the PHS Act 
shall be credited to and available for carrying out the purposes of 
this appropriation:  Provided further, That the Secretary is directed 
to collect fees in fiscal year 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 $584,766,000 shall be for the Centers for Medicare and 
Medicaid Services program integrity activities, of which $84,398,000 
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, and of which $75,836,000 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 full cost of the Senior Medicare Patrol 
program to combat health care fraud and abuse from the funds provided 
to this account.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For carrying out, except as otherwise provided, titles I, IV-D, X, 
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 
1960, $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, 
$1,506,691,000, of which $1,475,201,000 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''), $2,856,000,000 shall be used to supplement, not 
supplant State general revenue funds for child care assistance for low-
income families:  Provided, That technical assistance under section 
658I(a)(3) of such Act may be provided directly, or through the use of 
contracts, grants, cooperative agreements, or interagency agreements:  
Provided further, That all funds made available to carry out section 
418 of the Social Security Act (42 U.S.C. 618), including funds 
appropriated for that purpose in such section 418 or any other 
provision of law, shall be subject to the reservation of funds 
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG 
Act.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000:  Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out 
State programs pursuant to title XX-A of such Act shall be 10 percent.

                children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, 
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of 
the Family Violence Prevention and Services Act, the Native American 
Programs Act of 1974, title II of the Child Abuse Prevention and 
Treatment and Adoption Reform Act of 1978 (adoption opportunities), 
part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 
1115 of the Social Security Act, and the Community Services Block Grant 
Act (``CSBG Act''), and 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, $11,284,368,000, 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 
$9,253,095,000 shall be for making payments under the Head Start Act:  
Provided further, That of the amount in the previous proviso, 
$8,588,095,000 shall be available for payments under section 640 of the 
Head Start Act:  Provided further, That of the amount provided for 
making payments under the Head Start Act, $25,000,000 shall be 
available for allocation by the Secretary to supplement activities 
described in paragraphs (7)(B) and (9) of section 641(c) of such Act 
under the Designation Renewal System, established under the authority 
of sections 641(c)(7), 645A(b)(12) and 645A(d) of such Act:  Provided 
further, That notwithstanding such section 640, of the amount provided 
for making payments under the Head Start Act, and in addition to funds 
otherwise available under such section 640, $640,000,000 shall be 
available through March 31, 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 $727,383,000 shall be for making payments under the CSBG 
Act:  Provided further, That $27,733,000 shall be for sections 680 and 
678E(b)(2) of the CSBG Act, of which not less than $19,883,000 shall be 
for section 680(a)(2) and not less than $7,500,000 shall be for section 
680(a)(3)(B) of such Act:  Provided further, That, notwithstanding 
section 675C(a)(3) of such Act, to the extent Community Services Block 
Grant funds are distributed as grant funds by a State to an eligible 
entity as provided under such Act, and have not been expended by such 
entity, they shall remain with such entity for carryover into the next 
fiscal year for expenditure by such entity consistent with program 
purposes:  Provided further, That the Secretary shall establish 
procedures regarding the disposition of intangible assets and program 
income that permit such assets acquired with, and program income 
derived from, grant funds authorized under section 680 of the CSBG Act 
to become the sole property of such grantees after a period of not more 
than 12 years after the end of the grant period for any activity 
consistent with section 680(a)(2)(A) of the CSBG Act:  Provided 
further, That intangible assets in the form of loans, equity 
investments and other debt instruments, and program income may be used 
by grantees for any eligible purpose consistent with section 
680(a)(2)(A) of the CSBG Act:  Provided further, That these procedures 
shall apply to such grant funds made available after November 29, 1999: 
 Provided further, That funds appropriated for section 680(a)(2) of the 
CSBG Act shall be available for financing construction and 
rehabilitation and loans or investments in private business enterprises 
owned by community development corporations:  Provided further, That 
$156,000,000 shall be for carrying out the Family Violence Prevention 
and Services Act, of which $5,000,000 shall be allocated 
notwithstanding section 303(a)(2) of such Act for carrying out section 
309 of such Act:  Provided further, That $1,864,000 shall be for a 
human services case management system for federally declared disasters, 
to include a comprehensive national case management contract and 
Federal costs of administering the system:  Provided further, That up 
to $2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness.

                   promoting safe and stable families

    For carrying out, except as otherwise provided, section 436 of the 
Social Security Act, $325,000,000 and, for carrying out, except as 
otherwise provided, section 437 of such Act, $59,765,000:  Provided, 
That notwithstanding sections 438(c)(3)(A) and 436(b)(2) of such Act, 
$10,000,000 shall be available for such section 436(b)(2), of which no 
funds shall be available for carrying out sections 438(c)(3)(A)(ii) and 
(iii) of such Act.

                payments for foster care and permanency

    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, $1,919,000,000: together with $47,115,000 to be 
transferred from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund to carry out section 
4360 of the Omnibus Budget Reconciliation Act of 1990:  Provided, That 
amounts appropriated under this heading may be used for grants to 
States under section 361 of the OAA only for disease prevention and 
health promotion programs and activities which have been demonstrated 
through rigorous evaluation to be evidence-based and effective:  
Provided further, That of amounts made available under this heading to 
carry out sections 311, 331, and 336 of the OAA, up to one percent of 
such amounts shall be available for developing and implementing 
evidence-based practices for enhancing senior nutrition:  Provided 
further, That notwithstanding any other provision of this Act, funds 
made available 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, 
$470,629,000, together with $64,828,000 from the amounts available 
under section 241 of the PHS Act to carry out national health or human 
services research and evaluation activities:  Provided, That of this 
amount, $53,900,000 shall be for minority AIDS prevention and treatment 
activities:  Provided further, That of the funds made available under 
this heading, $101,000,000 shall be for making competitive contracts 
and to continue funding grants to public and private entities to the 
same extent and in the same manner as those grants were funded in 
fiscal year 2016 to fund medically accurate and age appropriate 
programs that reduce teen pregnancy and for the Federal costs 
associated with administering and evaluating such contracts and grants, 
of which not more than 10 percent of the available funds shall be for 
training and technical assistance, evaluation, outreach, and additional 
program support activities, and of the remaining amount 75 percent 
shall be for replicating programs that have been proven effective 
through rigorous evaluation to reduce teenage pregnancy, behavioral 
risk factors underlying teenage pregnancy, or other associated risk 
factors, and 25 percent shall be available for research and 
demonstration grants to develop, replicate, refine, and test additional 
models and innovative strategies for preventing teenage pregnancy:  
Provided further, That of the amounts provided under this heading from 
amounts available under section 241 of the PHS Act, $6,800,000 shall be 
available to carry out evaluations (including longitudinal evaluations) 
of teenage pregnancy prevention approaches:  Provided further, That of 
the funds made available under this heading, $25,000,000 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).

  account for the state response to the opioid abuse crisis, cures act

    For necessary expenses to carry out the purposes described in 
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 such 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 upon a determination by the Secretary that 
funds transferred pursuant to the previous proviso are not necessary 
for the purposes provided, such amounts may be transferred back to the 
Account:  Provided further, That the transfer authority provided under 
this heading 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, $107,381,000, 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, 
$10,000,000 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, $60,367,000.

                      office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$80,000,000:  Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$38,798,000.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
and for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act, such amounts as may be required during 
the current fiscal year.

            public health and social services emergency fund

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological, chemical, and 
cybersecurity threats to civilian populations, and for other public 
health emergencies, $950,958,000, of which $511,700,000 shall remain 
available through September 30, 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), $510,000,000, to 
remain available until expended.
    For an additional amount for expenses necessary to prepare for or 
respond to an influenza pandemic, $92,000,000; of which $75,000,000 
shall be available until expended, for activities including the 
development and purchase of vaccine, antivirals, necessary medical 
supplies, diagnostics, and other surveillance tools:  Provided, That 
notwithstanding section 496(b) of the PHS Act, funds may be used for 
the construction or renovation of privately owned facilities for the 
production of pandemic influenza vaccines and other biologics, if the 
Secretary finds such construction or renovation necessary to secure 
sufficient supplies of such vaccines or biologics.

                           General Provisions

    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 2.9 
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 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.

                          (transfer of funds)

    Sec. 219. (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 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. 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 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.  In addition to the amounts otherwise available for 
``Centers for Medicare and Medicaid Services, Program Management'', the 
Secretary of Health and Human Services may transfer up to $305,000,000 
to such account from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund to support program 
management activity related to the Medicare Program:  Provided, That 
except for the foregoing purpose, such funds may not be used to support 
any provision of Public Law 111-148 or Public Law 111-152 (or any 
amendment made by either such Public Law) or to supplant any other 
amounts within such account.
    Sec. 225.  The Secretary shall include in the fiscal year 2019 
budget justification an analysis of how section 2713 of the PHS Act 
will impact eligibility for discretionary HHS programs.
    Sec. 226.  Effective during the period beginning on November 1, 
2015 and ending January 1, 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
            (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. 227.  In making Federal financial assistance, 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, shall continue to apply to the National Institutes of 
Health to the same extent and in the same manner as such provisions 
were applied in the third quarter of fiscal year 2017. None of the 
funds appropriated in this or prior Acts or otherwise made available to 
the Department of Health and Human Services or to any department or 
agency may be used 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.

                              (rescission)

    Sec. 228.  Of the unobligated balances available in the 
``Nonrecurring Expenses Fund'' established in section 223 of division G 
of Public Law 110-161, $560,000,000 are hereby rescinded.

                              (rescission)

    Sec. 229.  Of the unobligated balances available under the heading 
``Refugee and Entrant Assistance'' from prior appropriations acts, for 
carrying out section 462 of the Homeland Security Act of 2002 and 
section 235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, $140,000,000 are hereby rescinded.
    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''), $16,169,198,000, of which 
$5,251,398,000 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 $3,831,754,000 shall be for targeted grants under section 
1125 of the ESEA:  Provided further, That $3,831,754,000 shall be for 
education finance incentive grants under section 1125A of the ESEA:  
Provided further, That $217,000,000 shall be for carrying out subpart 2 
of part B of title II:  Provided further, That $44,623,000 shall be for 
carrying out section 418A of the HEA.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VII of the ESEA, $1,340,112,000, 
of which $1,200,242,000 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 shall be for 
construction under section 7007(a), $69,313,000 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, part A of title II, subpart 1 of part A of title IV, part B 
of title IV, part B of title V, and parts B and C of title VI of the 
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the 
Educational Technical Assistance Act of 2002; the Compact of Free 
Association Amendments Act of 2003; and the Civil Rights Act of 1964, 
$4,458,567,000, of which $2,638,002,000 shall become available on July 
1, 2018, and remain available through September 30, 2019, and of which 
$1,681,441,000 shall become available on October 1, 2018, and shall 
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 $1,191,673,000 shall be for part B of title IV:  
Provided further, That $33,397,000 shall be for part B of title VI and 
may be used for construction, renovation, and modernization of any 
elementary school, secondary school, or structure related to an 
elementary school or secondary school, run by the Department of 
Education of the State of Hawaii, that serves a predominantly Native 
Hawaiian student body:  Provided further, That $32,453,000 shall be for 
part C of title VI and shall be awarded on a competitive basis, and 
also may be used for construction:  Provided further, That $50,000,000 
shall be available to carry out section 203 of the Educational 
Technical Assistance Act of 2002 and the Secretary shall make such 
arrangements as determined to be necessary to ensure that the Bureau of 
Indian Education has access to services provided under this section:  
Provided further, That $16,699,000 shall be available to carry out the 
Supplemental Education Grants program for the Federated States of 
Micronesia and the Republic of the Marshall Islands:  Provided further, 
That the Secretary may reserve up to 5 percent of the amount referred 
to in the previous proviso to provide technical assistance in the 
implementation of these grants:  Provided further, That $175,840,000 
shall be for part B of title V:  Provided further, That $450,000,000 
shall be available for grants under subpart 1 of part A of title IV:  
Provided further, That notwithstanding subsections (a) and (b) of 
section 4105 of such Act, each State may use funds reserved under 
section 4104(a)(1) of such Act to award subgrants, on a competitive 
basis, to local educational agencies receiving a grant under part A of 
title I, or consortia of such local educational agencies, of such Act, 
to enable the agencies or consortia to support activities authorized 
under one or more of sections 4107, 4108, and 4109(a) of such Act:  
Provided further, That each such subgrant shall be subject to the same 
terms and conditions as an allocation provided under section 4105 of 
such Act, except as otherwise provided in this Act:  Provided further, 
That each State that awards such subgrants shall award such subgrants 
with priority given to local educational agencies, or consortia of 
local educational agencies, with the greatest need based on the number 
or percentage of children counted under section 1124(c), in a manner 
that ensures geographic diversity among subgrant recipients 
representing rural, suburban, and urban areas, and in a manner that 
distributes the total amount of funds available to the State under 
section 4104(a)(1) consistent with the requirements described in 
subparagraphs (C) through (E) of section 4106(e)(2) of such Act:  
Provided further, That each such subgrant awarded shall be for a term 
of one year and in an amount of not less than $10,000, and a subgrant 
recipient shall not be subject to any of the distribution requirements 
described in subparagraphs (C) through (E) of subsections (e)(2) and 
(f), of section 4106 of such Act:  Provided further, That 
notwithstanding section 4109(b) of such Act, a subgrant recipient using 
such subgrant funds to carry out only activities authorized under 
section 4109(a) of such Act may use not more than 25 percent of the 
subgrant funds for purchasing technology infrastructure as described in 
such section 4109(b):  Provided further, That amounts made available 
under this heading to a State agency awarding such subgrants shall 
remain available until September 30, 2019.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VI, part A of the ESEA, $165,239,000, of which 
$57,993,000 shall be for subpart 2 of part A of title VI and $6,865,000 
shall be for subpart 3 of part A of title VI.

                       Innovation and Improvement

    For carrying out activities authorized by subparts 1, 3 and 4 of 
part B of title II, and parts C and D and subparts 1 and 4 of part F of 
title IV of the ESEA, $880,375,000:  Provided, That $253,815,000 shall 
be for subparts 1, 3 and 4 of part B of title II and shall be made 
available without regard to sections 2201, 2231(b) and 2241:  Provided 
further, That $531,560,000 shall be for parts C and D and subpart 4 of 
part F of title IV, and shall be made available without regard to 
sections 4311, 4409(a), and 4601 of the ESEA:  Provided further, That 
section 4303(d)(3)(A)(i) shall not apply to the funds available for 
part C of title IV:  Provided further, That of the funds available for 
part C of title IV, the Secretary shall use not less than $31,000,000 
to carry out section 4304, of which not more than $10,000,000 shall be 
available to carry out section 4304(k), not more than $110,000,000 to 
carry out section 4305(b), and not less than $11,000,000 to carry out 
the activities in section 4305(a)(3):  Provided further, That 
notwithstanding section 4601(b), $95,000,000 shall be available through 
December 31, 2018 for subpart 1 of part F of title IV.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subparts 2 and 3 of part 
F of title IV of the ESEA, $131,254,000:  Provided, That $58,000,000 
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 $73,254,000 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:  Provided further, That, no later 
than March 31, 2018, the Secretary shall award extension grants under 
such section on a competitive basis to grantees who have demonstrated 
positive and promising results during their initial implementation 
grant and propose to continue pursuing ambitious goals during an 
extension of that grant.

                      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) and the Special Olympics Sport and Empowerment Act of 2004, 
$13,066,858,000, of which $3,546,259,000 shall become available on July 
1, 2018, and shall remain available through September 30, 2019, and of 
which $9,283,383,000 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 2017, 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 2017:  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 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, 
$3,562,418,000, 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, $25,431,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986, $70,016,000:  
Provided, That from the total amount available, the Institute may at 
its discretion use funds for the endowment program as authorized under 
section 207 of such Act.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986, $121,275,000:  Provided, That from the total amount available, 
the University may at its discretion use funds for the endowment 
program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006 and the Adult 
Education and Family Literacy Act (``AEFLA''), $1,720,686,000, of which 
$929,686,000 shall become available on July 1, 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 $4,960.

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of 
title IV of the HEA, and subpart 1 of part A of title VII of the Public 
Health Service Act, $1,576,854,000, to remain available through 
September 30, 2019:  Provided, That the Secretary shall allocate new 
student loan borrower accounts to eligible student loan servicers on 
the basis of their performance compared to all loan servicers utilizing 
established common metrics, and on the basis of the capacity of each 
servicer to process new and existing accounts:  Provided further, That 
the Secretary shall, no later than September 30, 2017, allow student 
loan borrowers who are consolidating Federal student loans to select 
from any student loan servicer to service their new consolidated 
student loan:  Provided further, That in order to promote 
accountability and high-quality service to borrowers, the Secretary 
shall not issue any contract solicitation for a new Federal student 
loan servicing solution unless such a solution provides for the 
participation of multiple student loan servicers that contract directly 
with the Department of Education and allocates student loan borrower 
accounts to eligible student loan servicers based on performance.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural 
Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and 
Technical Education Act of 2006, $2,048,439,000:  Provided, That 
notwithstanding any other provision of law, funds made available in 
this Act to carry out title VI of the HEA and section 102(b)(6) of the 
Mutual Educational and Cultural Exchange Act of 1961 may be used to 
support visits and study in foreign countries by individuals who are 
participating in advanced foreign language training and international 
studies in areas that are vital to United States national security and 
who plan to apply their language skills and knowledge of these 
countries in the fields of government, the professions, or 
international development:  Provided further, That of the funds 
referred to in the preceding proviso up to 1 percent may be used for 
program evaluation, national outreach, and information dissemination 
activities:  Provided further, That up to 1.5 percent of the funds made 
available under chapter 2 of subpart 2 of part A of title IV of the HEA 
may be used for evaluation.

                           Howard University

    For partial support of Howard University, $221,821,000, of which 
not less than $3,405,000 shall be for a matching endowment grant 
pursuant to the Howard University Endowment Act and shall remain 
available until expended.

         College Housing and Academic Facilities Loans Program

    For Federal administrative expenses to carry out activities related 
to existing facility loans pursuant to section 121 of the HEA, 
$435,000.

  Historically Black College and University Capital Financing Program 
                                Account

    For the cost of guaranteed loans, $20,150,000, as authorized 
pursuant to part D of title III of the HEA, which shall remain 
available through September 30, 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 $313,863,000:  
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, $334,000.

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $600,267,000, 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, $430,000,000.

                        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, $117,000,000.

                      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 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.  Section 401(b)(7)(A)(iv)(VIII) of the Higher Education 
Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(VIII)) is amended by striking 
``$1,382,000,000'' and inserting ``$1,355,000,000''.

                              (rescission)

    Sec. 311.  Of the unobligated balances available under the heading 
``Student Financial Assistance'' for carrying out subpart 1 of part A 
of title IV of the HEA, $2,600,000,000 are hereby rescinded.

              restoring pell grants for defrauded students

    Sec. 312.  Section 401(c)(5) (20 U.S.C. 1070a(c)(5)) is amended--
            (1) by striking ``(5) The period'' and inserting the 
        following:
            ``(5) Maximum period.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the period''; and
            (2) by adding at the end the following:
                    ``(B) Exception.--
                            ``(i) In general.--Any Federal Pell Grant 
                        that a student received during a period 
                        described in subclause (I) or (II) of clause 
                        (ii) shall not count towards the student's 
                        duration limits under this paragraph.
                            ``(ii) Applicable periods.--Clause (i) 
                        shall apply with respect to any Federal Pell 
                        Grant awarded to a student to attend an 
                        institution--
                                    ``(I) during a period--
                                            ``(aa) for which the 
                                        student received a loan under 
                                        this title; and
                                            ``(bb) for which the loan 
                                        described in item (aa) is 
                                        forgiven under--

                                                    ``(AA) section 
                                                437(c)(1) or 464(g)(1) 
                                                due to the closing of 
                                                the institution or 
                                                false certification; or

                                                    ``(BB) section 
                                                455(h) due to the 
                                                student's successful 
                                                assertion of a defense 
                                                to repayment of the 
                                                loan; or

                                    ``(II) during a period for which 
                                the student did not receive a loan 
                                under this title but for which, if the 
                                student had received such a loan, the 
                                student would have qualified for loan 
                                forgiveness under subclause (I)(bb).''.
    Sec. 313.  The period of time provided to the Secretary in section 
498(h)(2) of the Higher Education Act may be extended up to an 
additional 18 months for institutions where the Secretary withdrew 
recognition of their accreditor on December 12, 2016, if the 
institution does not remain with or reapply to the accrediting agency 
which accredited the institution on December 12, 2016.
    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 entered into under the preceding proviso 
shall contain such auditing, oversight, and reporting provisions as 
necessary to implement chapter 85 of title 41, United States Code:  
Provided further, That such agreement shall include the elements listed 
under this heading in the explanatory statement accompanying Public Law 
114-113:  Provided further, That a fee may not be charged under section 
51-3.5 of title 41, Code of Federal Regulations, unless such fee is 
under the terms of the written agreement between the Committee and any 
such central nonprofit agency:  Provided further, That no less than 
$1,250,000 shall be available for the Office of Inspector General.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (referred to in this title as ``CNCS'') to carry out 
the Domestic Volunteer Service Act of 1973 (referred to in this title 
as ``1973 Act'') and the National and Community Service Act of 1990 
(referred to in this title as ``1990 Act''), $736,429,000, 
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, $195,000,000, 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.
    Sec. 406.  Notwithstanding sections 139(b), 146 and 147 of the 1990 
Act, an individual who successfully completes a term of service of not 
less than 1,200 hours during a period of not more than one year may 
receive a national service education award having a value of 70 percent 
of the value of a national service education award determined under 
section 147(a) of the Act.

                  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.
    In addition, for the costs associated with replacing and upgrading 
the public broadcasting interconnection system and other technologies 
and services that create infrastructure and efficiencies within the 
public media system, $20,000,000.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor-Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out 
the functions vested in it by the Civil Service Reform Act, 
$46,650,000, including up to $900,000 to remain available through 
September 30, 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 United States gifts of services and real, personal, or other 
property in the aid of any projects or functions within the Director's 
jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $17,184,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and 
the National Museum of African American History and Culture Act, 
$235,000,000.

            Medicaid and CHIP Payment and Access Commission

                         salaries and expenses

    For expenses necessary to carry out section 1900 of the Social 
Security Act, $7,765,000.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $11,925,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,250,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $274,224,000:  Provided, That no part of 
this appropriation shall be available to organize or assist in 
organizing agricultural laborers or used in connection with 
investigations, hearings, directives, or orders concerning bargaining 
units composed of agricultural laborers as referred to in section 2(3) 
of the Act of July 5, 1935, and as amended by the Labor-Management 
Relations Act, 1947, and as defined in section 3(f) of the Act of June 
25, 1938, and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 percent of the water stored or supplied thereby is used for farming 
purposes.

                       administrative provisions

    Sec. 407.  None of the funds provided by this Act or previous Acts 
making appropriations for the National Labor Relations Board may be 
used to issue any new administrative directive or regulation that would 
provide employees any means of voting through any electronic means in 
an election to determine a representative for the purposes of 
collective bargaining.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$13,800,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission, $13,225,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $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, $114,500,000, 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 $11,000,000, 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, 
$38,450,927,000, 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 $11,873,945,000 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 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)).
    (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 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.
    (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, section 525 of division H of 
Public Law 114-113, and section 525 of division H of Public Law 115-31.
    (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.

                              (rescission)

    Sec. 527.  Of the funds made available for fiscal year 2018 under 
section 3403 of Public Law 111-148, $15,000,000 are rescinded.

                              (rescission)

    Sec. 528.  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. 529.  Of any available amounts appropriated under section 
301(b)(3) of Public Law 114-10, $3,145,905,000 are hereby rescinded.
    Sec. 530.  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.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2018''.
                                                       Calendar No. 215

115th CONGRESS

  1st Session

                                S. 1771

                          [Report No. 115-150]

_______________________________________________________________________

                                 A BILL

 Making appropriations 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.

_______________________________________________________________________

                           September 7, 2017

                 Read twice and placed on the calendar